Middlebury register. (Middlebury, Vt.) 1886-1937, 1908-12-11

provided that the right to carry on
BUSINESS should not be construed as a
property right, and in a second pro-
vision their bill made legal in a labor
dispute any act or AGREEMENT by or
between two or more persons that
would not have been unlawful II done
by single person. In other words,
this bill legalized blacklisting and boy
cotting In every form. The demand
was made that there should be trial
by jury in contempt cases, thereby
most seriously impairing the authority
of the courts. All this represented a
course of policy which, If carried out,
would mean the enforcement of class
privilege in its crudest and most
brutal form and the destruction of
one of the most essential functions of
the judiciary in all civilized lands.
The wageworkers, the workingmen,
the laboring men of the country, by the
way in which they repudiated the eff
fort to get them to cast their votes in
response to an appeal to class hatred
have emphasized their sound patriotism
and Americanism.
Courts lmperiled by Judges.
But the extreme reactionaries, the
persons who blind themselves to the
wrongs now and then committed by
the courts on laboring men, should
also think seriously as to what such a
movement as this portends. The
courts are jeoparded primarily by the
action. of these federal and state
judges. who show inability or unwill'
ingness to put stop to the wrong
doing of very rich men under modern
industrial conditions.
There are certain decisions by va
rious courts which have been exceed
ingly detrimental to the rights OF
wageworkers. This is true of all the
decisions that decide that men and
women are by the constitution guar
anteed their liberty" to contract tc
enter q dangerous occupation, or t
work an undesirable or improper mum
Der of hours, or to work in unhealthy
surroundings, and therefore cannot re
cover damages when manned in thai
occupation and cannot be forbidden
to work what the legislature decides i:
an excessive number of hours, or t.
carry on the work under condition:
which the legislature decides to be un
healthy.
There is also, think, ground fol
the belief that substantial injustice Il
often suffered by employees In conse
quence of the custom of courts issu
ing temporary injunctions without no
e. tice to them and Furnishing them 70
contempt Of court In instances where
as a matter Of fact they have NJ
knowledge Of any proceedings. Pro
vision should be made that no injunc
ton or temporary restraining orde
issue otherwise than on notice, excep
where irreparable injury would other
wise result, and In such case a hear
ing on the merits Of the order shout,
be had within a short fixed period
and If not then continued after hear
ing 1t should forthwith lapse. Dec
sions should be rendered immediatel
and the chance Of delay minimized 4
every way.
The courts are to be highly con
mended and stanchly upheld whe
they set their faces against wrong
doing or tyranny by a majority. bu
they are to be blamed when the
fail to recognize under a governmer
like ours the deliberate judgment {
the majority as to a matter of legit
mate policy when duly expressed b
the Legislature. The people shoul
not be permitted to pardon evil an
slipshod legislation on the theory thu
the court will set it right. They shoul
be taught that the right way to get ri
of bad law is to have the legislator
repeal 1t and not to have the courts b
ingenious hair splitting nullify 1t.
People Themselves to Blame.
For many of the shortcomings
justice In our country our people as
whole are themselves to blame, and IL
judges and juries merely bear the
share together with the public as
whole. 10 is, dlscreditable to us as
people that there should be difficult
, in convicting murderers or In bringir
to justice men who as public servan
have been guilty Of corruption or wi
, have profited by the corruption of pu
lie servants.
, The huge wealth that has been a
cumulated by few individuals Of T
cent years, In what has amounted
, a social and industrial revolution. b.
r been as regards some Of these indivi
; uals made possible only by the impro
3 er use Of the modern corporation. &C
: pOrations are necessary instruments
modern business. They have been pc
mltted to become a menace largely b
cause the governmental representativ
. of the people have worked slowly
!, providing for adequate control ov
. them.
Real damage has been done by t
= manifold and conflicting interpret
lions of the interstate commerce la
Control over the great corporations 4
ing interstate business can be effect