The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1908-12-17


and therefore cannot recover damages
when MANNED IN that occupation. ana
ctnnot be forbidden 10 work what ths
legislature decides n an excessive num-
her Of hours. or 20 carry on the Worh
under conditions which the legislature
decides to be unhealthy. Decisions
such AZ those uuliify the legislative
erort 10 protect the wage-wJrk"rs VINO
most need protection from those employ
crs who take advantage % their grind
Ing need They halt or hamper the move
neuf for securing better ana more equl-
table conditions OF labor.
There Is also. / think. ground FOR the
belief that substantial Injustice Is otten
suffered by employees In consequence OF
the custom Of courts Issuing temporary
tutunctions without notice 10 them, ana
punIshing them for contempt or court IN
Instances where, as a matter OF fact
they have no knowledge OF any proceed
iogs Organized labor Is chahng
under the unjust restraint which
comes from repeated resort to TINS
plan OF procedure, Its discomfort
has been unwisely expressed. and
often improperly expressed. but there
Ia n sound basis for H. and the or
Derry and iaw-ablding people OF com
munity would be In "A far stronger posi-
ton for unfolding the courts II the IN
doubtedly existing abuses could be pro-
vidsd against
Matters for Thought for Labor.
Such proposals az those mentioned
above as advocated by tho extreme labor
leaders, contain the vital error OF being
class legislation OF the most Offensive
kind. ana even II enacted into law be-
Heve that the law would rightly be held
Unconstitutional Moreover. the labor
people are themselves now beginning to
invoke the use OF the power OF injunc-
ton During the last ten years, ana
within my own knowledge. at least nifty
intunctlOns have been obtained by labor
unions in New York city alone, most OF
them being TO protect the union label "a
property rghto, but some being OBJ
tained for other reasons against employ
ers.
Injunction Must Remain.
The power OF Injunction is great
equitable remedy which should on no
account be destroyed But safeguards
should be erected against Its abuse
In substance, provision should be made
that no injunction or temporary re-
straining order issue otherwise than on
notice. except where irreparable Injury
would otherwise result; and In such case
hearing on the merits of the order
should be had within short fixed pc
riod, and II not then continued after
hearing II should forthwith lapse. De-
csons should be rendered Immediately,
and the chance OF delay mlnlmized In
every way. Moreover. / believe that the
procedure should be sharply defined. and
the judge required minutely to state the
particulars both OF his action and of his
reasons therefor. 80 that the congress
can II Il desires examine and Investigate
the same.
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 as a
whole. IL Is discreditable TO us as a
people that there should be difficulty in
convicting murderers, or in bringing to
Justice men who as public servants
have been guilty OF corruption. or who
nave profited by the corruption of
public servants. The result Is equally
unfortunate. whether due to hairsplit-
ting technicalities in the Interpretation
of law by judges. to sentmentallty and
class consciousness on the part of
iuries. or to hysteria and sensational
ism In the daily press. For much OF
this failure of justice no responsibility
whatever lies on rich men as such. We
who make up the mass OF the people
cannot shift the responsibility from our
own shoulders. But there Is an impor-
tant part of the failure wuIch has spe-
| cial.y TO do with inability to hold
| to proper account men of wealth who
| behave badly.
The Modern Corporation.
The huge wealth that has been accu.
i mulated by few individuals OF recent
| years. In what has amounted to a So
cial and Industrial revolution, has beer
as regards some of these individuals
made possible only by the improper use
OF the modern corporation. A certain
| Of tfg., 4. IL
officers and agents. its many Issues OF
| securities. and its constant consolida.
| ton with allied undertakings. finally
| becomes an instrument so complex a,
| to contain greater number OF ele,
| ments that. under various judicial de.
cisions lend themselves to fraud and
| oppression than any device yet evolved
in the human brain. Corporations ar,
! necessary instruments of modern bust
| ness. They have been permitted 4
| become menace largely because tn,
| governmental representatives, of tn,
| people have worked slowly in provid
ing for adequate control over them.
our great clusters OF corpora
tions. huge trusts and fabulousl,
wealthy multimilllonalres employ III
very best lawyers they can obtain I,
pick flaws In statutes after thei
passage; but they also employ n elias
OF secret agents who seek under IN
advice OF experts to render hostn
leglsla ion tnnocuous by making II un
constitutional. often through the inser
| tion OF what appear on their face to b
drastic and sweeping provisions agains
the interests Of the parties inspiring
them, while the demagngues. the cor
rupt creatures who Introduce black
mailing schemes to strike" corpora
lions. and all who demand extreme
and undesirahly radical measures
show themselves to he the worst enc
niles of the very public whose loud
mouthed champions they profess TO b,
Real damage has been done by tn
manifold and conficting Interpretation
Ga the interstate commerce law. Con
troll over the great corporations doin
| interstate business can be effective onl
N It Is vested with full power in a
administrative department a branch Q
the federal executive. carrying out
federal law, Il can never be effective
divided responsibility Is loft Ia bot
the states and the nation: IL can neve
| be effective 10 left In the hands OF IN
courts TO be decided by lawsuits.
Respect for Law Must BE Upheld.
The courts hold "a pace OF peculiar an
deserved sanctity under our form of 40,
ernmont. Respect Tor the law Is esser
uh To the pcrmancuce OF our lnstiu
tons, and respect Tor the law is larl.el
conditioned upon respect for the court
u is an o1ense against the republic
say anything which can weaken this r,
spect save for the gr0vest reason and
the most carefully guarded manner In r
other nation iu the world DO tho cour
WELD such vast and fAr-reachlng now,
as In the United states An that Is ne,
essavy is that the courts as who
should exercise this power with the IA
siS tct wisdom already shown by tho.