Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-12-08
n, .xnressed ana often improper

wisely eIpresse ~ 'l 1'A y 49,,
ts Yssynressed, but there is q sound
.,s;s far it, and the orderly and law
p ,.,,,nr neople Of a community would
I'm auf,n I far stronger position for up
" the courts if the undoubtedly
n ls,etinr abuses could be provided
against
such proposals as those mentioned
.hove as advocated by the extreme
i,anor leaders contain the vital error
- he;ns class legislation OF the most
.sonaiye kind, and even if enacted
,nto Inv l believe that the law would
rightIy be held unconstitutional. More
arer the labor people arc themselves
,oIy beginning to invoke the use Of
file power Of injunction. During the
LAST ten years, and within my own
knowledge, at least fifty injunctions
j have been obtained by labor unions In
New York city alone, most Of them
bcinr to protect the union label Ia
..nroperty rightly, but some being oh
famed for other reasons against en-
movers. The power of injunction is
! great equitable remedy which should
on no account be destroyed. But safe
guards should be erected against its
abuse. 1 believe that some such pro-
visions as those advocated year
ago for checking the abuse of the
Issuance of temporary injunctions
should be adopted. In substance, pro-
vision should be made that no injunc-
ton or temporary restraining order
issue otherwise than on notice, except
where irrcparable injury would other
Yise result, and in such case a hear
ing on the merits of the order should
be had within short fixed period.
and il not then continued after hear
ing it should forthwith lapse. Deci-
sions should be rendered Immediately
and the chance Of delay minimized in
every way. Moreover, I believe that
the procedure should be sharply de-
fined and the judge required minutely
to state the particulars both Of his
action and of his reasons therefor, SO
that the congress can, II 1t desires, ex-
anime and investigate the same.
The chief lawmakers of our country
may be and often are the judges, be-
cause they are the final seat of au-
thority. Every time they interpret con-
trnct, property, vested rights, due
process of law, liberty. they necessarily
enact into law parts of system OF
social philosophy. and, as such inter-
probation is fundamental, they give
direction to all luwmaking. The de-
cisions of the courts on economic and
social questions depend upon their
economic and social philosophy, and
for the peaceful progress Of our peo-
pie during the twenti.th century we
shall owe most to those judges who
hold to a twentieth century economic
and social philosophy and not to a.
long outgrown philosophy which was
itself the product of primitive econom-
&c conditions. OF course a judges
views on progressive social philosophy
are entirely second in Importance to.
his possession Of q high and fine char
acter, which means the possession Of
such elementary virtues as honesty,
courage and fair mindedness The
Judge who owes his election to pander-
ing to demagogic sentiments or class
hatreds and prejudices and the judge
who owes either his election or his
appointment TO the money or the favor
of Il great corporation are alike un-
worthy to sit on the bench, are alike
traitors to the people, and no pro-
flndity of legal learning OF correctness
of abstract conviction on questions OF
public policy can serve as an Offset to
such hpscolnings. But it is also true.
that Judges, like executives and legis-
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 en-
acting and administering the laws.
The judges are not chosen to represent
the people in this sense. Their func-
ton is to interpret the laws. The legis-
lators are responsible for the laws, the
Judges for the spirit in which they in
terpret and enforce the laws. We
stand aoof from the reckless agtators
who would make the Judges mere PHI
ant tools Of popular prejudice and pas
sion, and we stand aloof from those
equally unwise partisans Of reaction
and privilege who deny the PROPOSE
tion that, inasmuch as judges are chosen
20 serve the interests of the whole peo-
pie, they should strive to find out what
those interests are and, so far as they
conscientiously can, should strive to-
give effect to popular conviction when
deliberately and duly expressed by the
lawmuking body. The courts are to be
highly commended and stanchly up
held when they set their faces against
wrongdolng or tyranny by a majority,
but they are 10 be blamed when they
fail TO recognize under Il government
like ours the deliberate Judgment Of
the majority rs to Il matter Of legiti-
mate policy when duly expressed by
the legislature Such lawfully ex-
pressed and deliberate Judgment should
be given effect by the courts save in
the extreme and exceptional cases
where there has been n clear violation
of Il constitutional provision, Any
thing like frivolity or wantonness In
upsetting such clearly taken govern
mental action is a grave offense against
the republic. 10 protest against tyran-
ny, to protect minorities from oppres-
sion, TO nullify an act committed in a
spasm OF popular fury, is to render Il
service to the republic. But for the
coI,Its r., 10, Ia thopsp,vns fuDr-