The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1908-12-10

HNONAUCu Nuhl NhC hlkht W VI
business should not be construed as
property right, and in a second pro-
vision their bill made legal in a labor
dispute any art or agreement by or
between two or more persons that
would not have been unlawful II done
by a single person. In other words,
this bill legallzed blaclilisting and boy
cottlng in every form. The demand
was made that there should be trial
by jury in contempt cases, thereby
most seriously impalring the authority
of the courts. All this represented a
course of policy which. If carried out,
would mean the enthronement of class
privilege in its crudest and most
brutal form and the destruction Of
one of the most essential functions Of
the judiciary I'm all civilized lands.
The wageworkers, the worlilngmen,
the laboring men Of the country, by the
way in which they repudlated the eff
fort to get them to cast their votes In
response to an appeal to class hatred
and Americanlsm
Courts lmperiled by Judges.
But the extreme reactiunaries, 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 jeopardcd 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 to
enter u dangerous occupation, or to
work an undesirable or improper mum.
Der of hours. or to work In unhealthy
surroundings, and therefore cannot re.
cover damages when MANNED In that
occupation and cannot be forbidden
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an excessive number Of hours. or to
carry on the work under conditions
which the legislature decides to be un
healthy.
There is also, think, ground FOL
the belief that substantial injustice IA
often suffered by employees in conse
quence of the custom of courts lssu
ing temporary injunctions without no
tice to them and Furnishing them fol
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
tion or temporary restraining ordeI
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 SHOULD
be had within n short fixed period
and If not then continued after hear
ing 1t should forthwith lapse. Deci
sions should be rendered immediatel.
and the chance of delay miulmized II
every way.
The courts are TO be highly com
mended and stanchly upheld wheI
they set their faces against wrong
doing or tyranny by a majority. bu
they lre to be blamed when the,
fail to recognize under government
like ours the deliberate judgment o
the majority as to matter OF legiti
mate policy when duly expressed b.
the legislature. The people shoul
not be permitted to pardon evil an,
slipshod legi-lation on the theory tina
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 It.
People Themselves to Blame.
For many Of the shortcomings O
justice IN our country our people as
whole are themselves TO blame, and tn
Judges and juries merely bear thei
share together with the public ms
whole. 1t IL discredltable to us as
people that there should be difficult
In convicting murderers or In bringln
to justice men who as public servant
have been guilty Of corruption or VIII
have profited by the corruption OF pub
lie servants.
The huge wealth that has been &C
cumulated by few individuals OF rt
cent years, In what has amounted I
social and industrial revolution, ha
been as regards some OF these individ
uals made possible only by the improI
er use OF the modern corporation. Col
porations are necessary instruments q
modern business. They have been pei
mitted TO become menace largely bt
cause the governmental representative
of the people have worked slowly /
providing for adequate control owe
them.
Real damage has been done by tn
manifold and conflicting interprctG
tions Of the interstate commerce law
Control over the great corporations do
ing interstate business can be effectiv
only If II is vested with full power 1
an administrative department, branc
Of the federal executive, carrying ou
a federal law, 1t can never be ei
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