Evening journal., 1908-12-08

provided that the right TO carry OF
business should not be construed as
property right and IN n second pro
vision their bill made legal In n 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 blackllst.ng and boy
cotting In every form. Tle demand
was made that there should be trial
by Jury in contempt cases. thereby
most seriously impniring the authority
Of tho courts. All this represented q
course OF policy which, II cnrriod out.
would mean the onthronement Of class
privilege In It's 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 workingmea,
the laboring men OF the country, by the
way In which they repudlated the ef.
fort to get them to cast their votes In
response TO an appeal to class hatred
have emphasized their sound patriotism
and Americanlsm:
courts lmperiied by Judges.
But the extreme reactionarles, 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
ingncss to put a 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 10 the rights OF
wageworkeYs 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 n dangerous occupation. or TO
work an undesirable or improper num-
Der Of hours, or TO work in unhealthy
surroundings, and therefore cannot re-
cover damages when manned in that
occupation and cannot be forbidden
to work what the legislature decides is
an excessive number Of hours, or {,
carry on tie work under conditions
which the legislature decides TO be un.
healthy.
There is also, l think. ground for
the belize that substantial injustice is
often suffered by employees In conse-
quence Of tne custom OF courts issu.
ing temporary injunctions without no.
tice to them and Furnishing them for
contempt Of court IN instances where.
as a matter Of fact. they have no
knowledge Of any proceedings. Pro
vision should be made that no injunc-
tion or temporary restraining order
issue otherwise than on notice, except
where irreparable injury would other
wise result. and in such case hear
ing on the merits Of the order should
be had within a short fixed period,
and II not hen continued after hear
ing It should forthwith lapse. Deci-
sions should be rendered Immediately
and the chance of delay minimized IN
every way.
The courts are to be highly com
mended and stanchly upheld when
they set their faces against wrong
doing or tyranny by n majority. but
they are 10 be blamed when they
fail to recognize under a government
like ours the deliberate Judgment Of
the majority as to n matter OF leglti-
mate policy when duly expressed by
the legislature. The people should
not be permitted to pardon evil and
slipshod legislation on the theory that
the court Will set it right. They should
be taught that the right way to get rid
of bad law is TO have the legislature
repeal It and not 70 have tkc courts by
ingenious hair splitting nullify It,
People Themselves to Blame.
For many Of the shortcomings OF
justice IN our country our people as a
whole are themselves to blame, and the
judges and juries merely bear their
share together with the public ms q
whole. 1t Is discreditable to us as q
people that there should be difficulty
Ia convicting murderers or in bringing
to justice men who as public servant.
have been guilty OF corruption or who
have prohted by the CORRUPTION of pub
lie servants.
The huge wealth that has been ac
cumulated by a few individuals OF rc
cent years, in what has amounted 2
a social and industrial revolution. ba-
been as regards some OF these T., lvil
uals made possible only by the - ro0
er use Of the modern corporation. Cor
porations arc necessary instruments of
modern business. They have been per
mitted 10 become a menace largely be
cause the governmental Representatives
Of the people have worked slowly in
providing for adequate control over
them.
Real damage has been done by the
manifold and conflicting interpreta-
tions of the Interstate commerce law.
Control over the great corporations do
ing interstate business can be effective
only If It Is vested with full power IN
an administrative department branch
Of the federal executive. carrying on,
federal law. II can never be ef.
fective II a divided responsibility is
left in both the states and the nation
1t can never be effective II left in the
hands OF the courts TO be decided by
lawsuits.
The courts hold a place Of peculiar
and deserved sanctlty under our form
of government. Respect for the law T.
essential to the permanence OF our in.