Semi-weekly herald., 1908-12-10
PRECEDENT ROOSEVELT
ON LABOR ISSUES
Of l certain class in society.

rovoIts the more hfgh-minded and far
sighted among the persons to whom
II Is addressed. and In the second place
tends to arouse strong antagonism
among all other classes of citizens
whom It therefore tends to unite
against the very organization on whose
behalf II Is issued. The result is
therefore unfortunate from every
standpoint. This healthy truth, by
the way. will be learned by the so.
cialists If they ever succeed In estab,
fishing in this country an important
national party based on such class
consciousness and selfish class inter.
est.
The wageworkers, the worklngmen
the laboring men OF the country by
the way In which they repudiated the
effort to get them to cast their votes
In response to an appeal TO class ha.
tired. have emphasized their sound pa.
triotism and Americanism. The whole
country has cause to feel pride In
this attitude OF sturdy independence
in this uncompromising insistence up.
on acting simply as good citizens. as
good Americans. without regard to
fancied-and improper--class inter
ests. Such an attitude is an object
lesson in good citizenship in the en-
tire nation.
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
q movement as this portends.
The judges who have shown them
selves able and willing effectively to
check the dishonest activity of the
very rich man who works iniquity by
the mismanagement OF corporations,
who have shown themselves alert to
do Justice to the wageworker, and
sympAthetic with the needs of the
mase OF our people, so that the dwell
or In the tenement house. the man who
practices dangerous trade, the man
who is crushed by excessive hours of
labor, feel that their needs are un-
derstood by the courts-these judges
are the real bulwark OF the courts;
these Judges, the judges of the stamp
Of the president-elect, who have been
fearless In opposing labor when 1t has
gone wrong, but fearless also in hold.
ing to strict account corporations that
work iniQuity and far-sighted in see
Ing that the workingman gets his
rights. are the men OF all others 20
whom we owe 1t that the appeal for
such violent and mistaken legislation
has fallen on deaf ears, that the agi.
tation for its passage proved to be
without substantial basis.
The courts are jeopardized primarily
by the action of these federal and
state judges who show inability or un.
willingness to put stop to the wrong
doing OF very rich men under modern
Industrial conditions, and inability or
unwillingness to give relief to men of
small means or. wageworkers who are
crushed down by these modern indus.
trial conditions: who, In other words
fail to understand and apply the need.
cd remedies for the new wrongs pro.
duced by the new and highly com.
plex social and industrial civilization
which has grown up in the last half
century.
The legislators should be chosen to
represent the people in enacting and
administering the laws. The judges
are not chosen to represent the people
In this sense. Their function is to in
terpret the laws. The legislators 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 prejudice and passion; and
we stand aloof from those equally
unwise partisans OF reaction and priv
ilege who deny the proposition that
inasmuch as judges are chosen to
serve the interests of the whole peo-
pie. they should strive to find out what
those interests are. and. go far as they
conscientiously can, should strive 10
give effect to popular convictions
when deliberately and ddly EXPRESSED
by the lawmaking body.
The courts are to be highly com
mended and stanchly upheld when
they set their faces against wrong,
doing 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 q matter OF legitimate
policy. when duly expressed by the leg
islature. Such lawfully expressed and
deliberate judgment should be given
effect by the courts. save in the ex
treme and exceptional cases where
there has been clear violation of a
constitutional provision. Anything like
frivolity or wantonness In upsetting
such clearly taken governmental ac.