The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1908-12-10

rious courts which have been exceed
ingly detrimental TO the rights of
wageworkers. This IL true OF all the
decisions that decide that men and
women are by the constitution guar
anteed their liberty" to contract to
enter dangerous occupation, or Ia
work an undesirable or improper num-
Der of hours, or 10 work In unhealthy
surroundings, 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, think, ground for
the belief that substantial injustice IL
often suffered by employees In copse-
quencc 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-
tion 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 short fixed period,
and If not then continued after hear
Ing 1t should forthwith lapse. Deci-
sions should be rendered Immediately
and the chance OF delay mlnimized 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 government
like ours the deliberate judgment of
the majority as to 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 viii set It right. They should
be taught that the right way to get rid
of bad law Is to have the legislature
repeal II and not TO have the courts by
Ingenious hair splitting nullfy It,
People Themselves to Blame.
For many Of the shortcomings OF
Justice IN our country our people as
whole are themselves to blame. and the
Judges and jurles merely bear their
share together with the public MS
whole 1t Is dscredItablc to us as n
people that there should be difficulty
IN convictlng murderers or In bringing
to justice men who as public servants
have been guilty Of corruption or who
have protited by the corruption OF pub
lie servants
The huge wealth that has been ac.
by a few individuals OF re-
cent years, In what has amounted to
q social and industrial revolution. bas
been as regards some OF these lndlyid-
uals made possible only by the improp-
nr use OF the modern corporation. Cor
porations are necessary instruments OF |
modern business. They have been per.
mltted to become menace largely be. |
,ause the governmental representatives
Df the people have worked slowly IN |
for adequate control over
hem.
Real damage has been done by the |
manifold and conflicting interpreta-
ions Of the interstate commerce law.
Control over the great corporations do
ng interstate business can be effective
,nly IL II is vested with full power IN
m administrative department branch
" the federal executive. carrying out |
, federal law. II can never be ef
'ective n a divided responsibility Is
eft In both the states and the nation
Il can never be effective II left IN the
hands ~ the courts 10 be decided by
awsnlts.
The courts hold place of peculiar
ind deserred sanctIty under our form !
n government. Respect for the law Is
,ssenfiai 10 the permanence of our In.
ritufions. aud respect for the law Is
argeiy conditioned upon respect for
be courts. But we must face the fact
ha, there are wise and unwise judges.
usi as there are wise and unwis~ en-
Auiives aud legislators When
PRESIDENT OF governor behaves iinprop-
'rly or nnwiseiy the remedy Is easy.
or bis term il short The same IL
rue with the legislator. although not
o the same degree With Judge
who, being human. Is also likely TO
'r. but whose tenure IL for life. there
: DO similar way Of holding him 10
~Spoiasibiii'y. rpder ordinary ecndi.
ions The only forms Of pressure TO