The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-12-08

provided that the right to carry on
business should not be construed as n
property right, and in second pro.
vision their bill made legal In labor
dispute any act or agreement by or
between two or more persons that
would not have been unlawful If done
by single person. In other words,
this bill legalized blacklisting and boy
cotting in every form. The demand
was made that there should be trial
by jury In contempt cases. thereby
most seriously impalrlng the authority
of the courts. All this represented a
course of policy which, II carried out,
would mean the enforcement of class
privilege in its crudest and most
brutal form and the destruction Of
one OF the most essential functions Of
the Judiciary in all civilized lands.
The wageworkers, the worklngmen.
the laboring men of the country. by the
wayfln 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
uuu ADcTlCallSul.
Courts Imperiled by Judges.
But the extreme reactionaries, the
persons who blind themselves to the
wrongs now and then committed by
the courts on laborlng 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 unwlll-
ingncss to put a 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.
lngly detrimental to the rights of
wageworkers. This is 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 to
work an undesirable or improper mum.
Der Of hours. or To work in unhealthy
surroundings, and therefore cannot re-
cover damages when maimed 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 is
often suffered by employees IN conse-
quercc Of the custom of courts issu.
Ing temporary injunctiuns without mo-
tice 10 them aud furnishing them for
contempt of court I'm 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, ana 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 1t should forthwith lapse. Deci.
sions should be rendered Immediately
and the chance of delay minlmized 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
fan TO recognize under n government
like ours the deliberate Judgment of
the majority as to a matter Of legitl-
mate policy when duly expressed by
the legislature The people should
not be permitted to pardon evil and
sllpshod 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 1t and not to have the courts by
Ingenious hair splitting nullify 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 as
whole. 1t Is dlscredltablc 20 us as n
people that there should be difficulty
In conyictlng murderers or in bringing
TO justice men who as public servants
have been guilty OF corruption OF who
have profited by the corruption OF pub.
lie servants.
The huge wealth that has been ac.
cumulated by a few individuals OF re-
cent years, In what has amounted to
social and industrial revolution, has
been as regards some of these indlvld.
uals made possible only by the improp-
er use of the modern corporation. Cor
poratlons are necessary instruments of
modern business. They have been per.
mltted TO become menace largely be.
cause the governmental representatives
Of the people have worked slowly In
providing for adequate control over
them
Real damage has been done by the
manifold and conflicting interpreta-
tions of the interstate commerce law.
Control over the great corporations do
Ing interstate business can be effective
only If 1t Is vested with full power In
an administrative department. u branch
Of the federal executive. carrying ont
a federal law. II can never be eff
fective If n divided responsibility IL
left In both the states and the nation.
IL can never be effective II left IN the