The Denison review. [volume] (Denison, Iowa) 1867-current, 1908-12-09

means anu 1uNOE Only luc very CIlluk-
nails whom 1t is most desirable to pun
ish.
At the last election certain leaders
of organized labor made a violent and
sweeping attack upon the entire jul
dietary Of the country, an attack
couchcd in 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 tls,ir &c
mands. specifying the bill that con
tanned them. refusing all compromise
stating they wished the principle of
that bill or nothing. They insisted OF
a provision that in labor dispute II
Injunction should issue except to pr
tect property right and speciiical
provided that the right to carry OH
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 OF
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
cotting in every form The demand
was made that there should he trial
by jury in contempt cases, thereby
most seriously impairing the authority
of the courts. All this represented a
of rn1ioxy 10, vc{o n
would mean the enforcement Of class
privilege II its crudest and most
brutal fcr.-l 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 Americanism.
Courts lmperiIsd 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-
lngness to put 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 mon and
women are by the constitution guar
anteed their liberty" to contract to
enter dangerous occupation. or to
work an undesirable or improper num-
Der of hours, or to work in unhealthy
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. l think, ground for
the belief that substantial injustice is
often suffered by employees in conse-
quence of the custom of courts issu-
ing temporary injunctions without no
tice to them and Furnishing them for
contempt of court in instances where,
as matter Of fact, they have no
knowledge Of any proceedings. Pro
vision should be made that no injunc-
ton 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 if not then continued after hear
ing it should forthwith lapse. Dcci-
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 majority, but
they are to be blamed when they
fail to recognize under q government
like ours the deliberate judgment of
the majority as to q 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 oil
justice in our country our people as q
| whole are themselves to blame. ami the
| judges and jufics merely bear theii
| share together With the public rs 2
| whole. 1t is discreditablc to us rs {;
people that there should be difficult,
in convict!n: murderers CT in bringing
to justice l:3Gn who as public servant,
have been G'!,ty of corruption or V *
have proftetl T. tine corruption Of p..G
| lie servants.
The huge wealth that has been &C
| on iOlli1tpI Iv n fnw u1i r;,l1pl. ,,f ~,