The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-12-11


property right. and in a second pro-
vision their bill made legal in Il 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
co1tinc in every form. Tie demand
was made that there should be trial
by jury in contempt cases. thereby
most seriously impliring the authority
of the courts. All this represented a
course of policy which. if carried oilt.
would mean the cnthroncmcnt 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 Americanfsm.
courts ImPeTilc0 ny S00Ses'
But the extreme reactionaries, the
persons who blind themselves to the
| wrongs now and then committed by
! the courts on laboring lnen, should
also think seriously as to what such
movement as this Dortends. The
courts are jeoparded primarily by the
action of these federal and state
Judges who show inability or unWl!l-
ingncSs to put a stop to the wrong
doing Of very rich nlcn under modern
Industrial conditions.
There arc certain decisions by Va
rious courts which have been exceed
| ingly detrimental to the rights or
Uageworkers. This is true Of al! the
decisions that decide that men and
women are by the constitution guar
anteed their liberty to contract to
enter a dangerous occupation, or to
work an undesirable or improper num-
ber 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 to
carry on the work under conditions
which the legislature decides to be un-
healthy.
There is also, 1 think, ground for
The belief that substantial injustice is
often suffered by employees in conse-
Quence Of the custom of courts lssu-
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
ton OF temporary restraining order
issue otherwise than on notice, except
where irreparable injury would other
wise result, and in such case a hear
ing on the merits Of the order should
be had within short fixed period,
and if not then continued after hear
ing it should forthwith lapse. Deci-
sions should be rendered Immediately
and the chance Of delay mininized 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 majority, but
they are to be blamed when they
fail to recognize under a government
like ours the deliberate judgment Of
the majority as to matter Of legiti-
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 to have the courts by
ingenious hair splitting nullify it.
People Themselves to Blame.
For many of the shortcomings Of
justice III our country our people as a
whole are themselves to blame, and the
judges and jurieS merely bear their
share together with the public as
whole. 1t is discreditable to us as
people that there should be difficulty
in convicting murderers or in bringing
to justice meu who as public servants
have been guilty of corruption or who
have profited by the corruption Of pub
| lie servants.
The huge wealth that has been ac-
cumulated by few individuals of re-
cent years, III what has amounted to
! a social and industrial revolution, has
been as regards some of these individ-
uals made possible only by the improp-
er use Of the modern corporation. Cor
porations are necessary instruments of
modern business. They have been per-
mitted to 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
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