Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-12-08

"c;,che,. Iii such terms as to include
the most upright. honest and broad
minded judges no less than those of
narrower mind and more restricted
outlook. Last year before the house
committee on the judiciary these same
labor leaders formulated their de-
mands. specifying the bill that con-
tanned them, refusing all compromise.
stating they wished the principle of
that bill or nothing. They insisted on
Il provision that in labor dispute no
injunction should issue except to pro-
tect n property right and specifically
provided that the right to carry on
business should not be construed as a
property right, and in second pro-
vision their bill made legal in labor
| dispute any act or agreement by or
| between two or more persons that
would not have been unlawful il done
| by d 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 enthronement 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 waSeworkers, the workingmen.
the laborinS men of the country. by the
way in which they repudated 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 imperiled 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 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 to the rights OF
wageworkers This is true of all the
decisions that decide that men anG
women are by the constitution guar
anteed their liberty" to contract t
enter a dangerous occupation, or Il
work an undesirable or improper mum
Der of hours, or to work in unhealthy
surroundings, and therefore cannot re
cover damages when manned in tina
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 TO
the belief that substantial injustice il
often suffered by employees in conse
| Quence of the custom of courts iSSu
. Ing temporary injunctionS without no
: tice to them and Furnishing them TO
2 contempt of court in instances where
r as a matter of fact, they have n
: knowledge of any proceedings. Pro
2 vision should be made that no injunc
/. ton or temporary restraining orde
issue otherwise than on notice eXcep
5 where irreparable injury would other
, | wise result, and in such case 4 hear
= ing on the merits of the order shoul
e be had within q short fixed period
o and If not then continued after heal
) ing 1t should forthwith lapse. Dec
q sions should be rendered immcdiatcl
= and the chance of delay minimized i
every way.
/ The courts are to be highly con
s. mended and stanchly upheld whe
Il they set their faces against wron,
s. doing or tyranny by a majority. bit
l. they are to be blamed when the
l. fail to recognize under u governmer
e like ours the deliberate judgment {
# the majority as to a matter of legit
e mate policy when duly expressed b
p the legislature. The people shoul
d not be permitted to pardon evil an
IS slipshod legislation on the theory tn;
v the court will set 1t right. They shoul
be taught that the right way to get RI
q Of bad law is to have the legislatul
in repeal it and not to have the courts I
" ingenious hair splitting nullifv it
n People Themselves to Blame.
A. For many of the shortcomings {
to justice III our country our people as
ID whole are themselves to blame, and IL
Judges and juries merely bear the
lie share together with the public as
IT, whole. 1t is discreditablc to us as
to people that there should be difficult
n in convicting murderers or in brngir
to justice men who as public servan
IN have been guilty of corruption or wi
ur have profited by the corruption of pu
rs lie servants.
70 The huge wealth that has been a
n cumulated by few individuals of I
cent years, in what has amounted
4 social and industrial revolution. b.
been as regards some Of these indivi
uals made possible only by the impro
- er use of the modern corporation. CO
u porations are necessary instruments
uo modern business. They have been pt
mitted to become a menace largely
CO cause the governmental representativ
~ of the people have worked slowly
- providing for adequate control ov