Weekly Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1908-1909, 1908-12-11

In need of protection that the courts of the
land are profoundly ignorant of and out of
sympathy with their needs and profoundly
indifferent or hostile to any proposed rem
edy. To such men it seems a cruel mock
on the ground that it desires to preserve
liberty in n purely technical form, by
withholding liberty in any real and CON
Structiye sense. 1t is desirable that the
legislative body should possess. and wher-
ever necessary exercise. the power to de-
termine whether in Il given case employ
ers and employees are not on an equal foot
ing. so that the necessities of the latter
compel them TO submit TO such eXactionS
as TO hours and conditions of labor as un-
duly to tax their strength: and only mis-
chief can result when such determination
is upset on the ground that there must be
no interference with the liberty to CON
tract often a merely academic liberty,
the exercise of which is the negation of
real liberty
There are certain decisions by various
courts which have been exceedingly dPtri-
mental to the rights of wagework"TS. This
Is true of all the decisions that decide that
guaranteed their liberty" to contract to
enter dangerous occupation. or TO work
an undesirable or improper, number of
hours, or to work in unhealthy surround
ings; and therefore cannot recover dam
ages when MANNED in that occupation, anu
can not be forbidden forbidden to work what the
number Of hours. or to carry on the work
under conditions which the Legislature de
cides TO be unhealthy. The most dangerous
occupations arc often the poorest pad and
those where the hours of work are longest
and in many cases those who 90 into them
are driven by necessity so great that they
have practically no alternative. Decisions
such as those alluded to above nUllify the
Legislative effort to protect the wagework-
ers who most need projection from those
employers who take advantage of their
grinding need. They halt or hamper the
movement for securing better and more
equitable conditions of labor. The talk
about preserving to the misery hunted be
ings who make contracts for such service
their liberty to make them. is either to
speak in spirit of heartless irony or else
to show an utter lack Of knowledge of the
conditions of life among the great masses
of our fellow-Countrymen. a lack which I'M
fits a judge to do good service just as it
would unfit any executive or legislative
officer
There is also. think. ground for the be
lief that substantial injustice is often suf
fered by employees in consequence of the
custom of courts issuing temporary injunc-
lions without notice to them. and punish
ing them for contempt of court in instances
where, as Il matter of fact, they have no
organized labor there is widespread feel
ing that this system often works great i'll
justice to wageworkers when their efforts
to better their working condition result in
industrial disputes. temporary injunction
procured OK parte may as Il matter of fact
have all the effect of a permanent injunc-
ton in causing disaster TO the wagework
erS side in such Il dispute. Organized labor
is chatting under the unjust restraint which
comes from repeated resort to this plan of
procedure. Its discomfort has been unWiSc-
ly expressed, and often improperly ex-
pressed, but there is Il sound basis for it.
ard the orderly and law-abiding people of a
Community would be in a far stronger posi-
ton for UphOlding the courts if the
dOubtedly existing abuses could be provided
against.
Such proposals as those mentioned above
as advocated by the extreme labor leaders
contain the vital error of being class legis
latiOn of the most offensive kind and even
if enacted into law l believe that the law
would rightly be held unconstitutional.
Moreover. the labor people themselves
now beginning to invoke the use. of the
power of Injunction During the last ten
years, and within my own knowledge. at
least fifty injunctions have been obtained
by labor unions in New York city
alone, most of them. being to pro
riSht'0, but some t being obtained
fcr other reasons against employers. The
power of injunction is a great equitable
remedy, which should on no account be de
stroyed. But safeguards should be erected
against it's abuse. l believe that some such
provisions as those 1 advocated a year
ago for checking the abuse of the issuance
of temporary injunctions should be adopt
ed. 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 i'll such case a
hearing on the merits of the order should
be had within short fixed period, and if
not then continued after hearing, it should
forthwith lapse. Decisions should be rem
dered Immediately. and the chance of de-
lay minimized in every way. Moreover, [
believe that the procedure should be sharp
ly defined, and the judge required minute
ly to state the particulars both of his ac-
ton and of his reasons therefor, so that
the Congress can if it desires examine and
investigate the same.
The chief lawmakers in our country may
be, and often are, the judges, because they
are the final seat of authority. Every time
they interpret contract. property, vested
rights, due process of law, liberty, they
necessarily enact into law parts of a syS-
tenn of social philosophy; and as such in
terpretation is fundamental, they give di-
rectiOn to all laW-making. The decisions
of the courts on economic and social QueS-
lions depend upon their economic and so
cial philosophy; and for. the peaceful prog
reSs of our people during the Twentieth
Century we shall owe most to those judges
who hold to Il Twentieth Century economic
and social philosophy and not to a long
outgrown philosophy, which itself
product of primitive economic conditions.
OF course judges views on progressive
social philosophy are entirely second in
Importance to his possession OF a high
and fine character; which means the pos
session of such elementary virtues as hon
esty, courage, and "Reminiscences. The
judge who owes his election to pandering
to demagogfc sentiments or class hatreds
and prejudices, and the judge who owes
either his election or his appointment to
the money or the favor of a great corpora
tion, are alike unworthy to sit the
bench, are alike traitors to the people; and
no profundity of legal learning, or cor
rectness of abstract conviction on ques-
lions of public policy, can serve as an off
set to, such shortcomings. But it IS also
lators, should hold sound views on the
questions of public policy which are of
vital interest to the people.
The legislators and executives are
chosen to represent the people in
The judges are not chosen 'H to rep ep-
resent the people in this sense. Their
function is to interpret the laws. The leg
islators are responsible for the laws; the
judges for the spirit in which they interpret
and enforce the laws. We stand aloof from
the reckless agitators who would make the
judges mere plant tools of popular pref
udice and passion; and we stand aloof
from those equally unwise partisans of re-
action and privilege who deny the PROPOSE
ton that, inasmuch as judges are chosen to
serve the interests of the whole people, they
ests are, and, so far as they conscientiously
can, should strive to give effect to popular
conviction when deliberately and duly eX-
pressed by the lawmaking body. The courts
are to be highly commended and staunchly
upheld when they set their faces against
WrOngdOing or tyranny by a 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 a
matter of legitimate policy, when duly ex.
pressed by the Legislature. Such lawfully
expressed and deliberate judgment should
be given effect by the courts, save in the
extreme and exceptional cases where there
has been a clear violation of constitutional
provision. Anything like frivolity or wan
tonness in upsetting such clearly taken gov
ernmental action is a grave ofense against
the republic. To protest against tyranny,
to protect minoritfes from oppression, to
nullify an act committed in a spasm OF