The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1908-12-08

ne lou ana hre
III l.i.el n ~ tllnis hos rs
iisil,l65Eer ind laq e
.dutiogl before the house
g Iifii - g ne Sd taese same
ernplated their de-
e ar KING Tie bt1 that con-
tSlIii "a ID "a using an cOn1profniEe.
SEATING they wished the principle Of
that bfll o. sDotli1g. They Insisted on
4 provision tlf In labor dispute no
IA tfhe don should issue except tesproz
tect 4 pt5i5efty right ana specItieally
proVided that tie tight TO carry on
cuisines llolld not be cOnstrue as =
properly right SndFtn a second pro
vision theiF bill made legal II Al1or
dispute any act or agreement BY or
Between tetso OF more persons hat
would not have been unlawful s dene
by q single person. In 6tlfet words,
tiris bill Ieealized blnckli ing md Boy
cotting In every form. me demand
was made that there should De trial
BY jury in, contempt cases, thereby
most seriously frhpairirg the authority
of the courts. an this represented a
Course OF policy which. sc carried out,
would mean the enforcement of class
privilege in It's crudest and most
brutal form and the destruction OF
one of the most essential functions OF
the judiciary in ali civilized lands.
Plie wagewofkers the workingmen,
the laboring men OF the country, by the
way In which they repudiated the ef-
fort to get them to cast their votes In
response to an appeal to class hatred
have Emphasized their sound patriotism
and Americsnfsrn.
Courts 1tnperiled by Judges.
But the extreme reacrIonaries, the
persons who blind themselves to the
wrongs now. and then committed by
the courts on 1aborlng men, should
also think seriously us 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 OF unwill-
1ngness to put n 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 10 the rights OF
wageworkcrs. This is true of all the
decisions that decide that men apd
women are by the constitution guar
anteed their liberty" to contract to
enter dangerous occupation, or TO
work an undesirable OF improper num-
her 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 I'M
healthy.
There is also, think. ground for
the belief that substantial injustice is
often suffered by employees l.: "ult$e-
quence Of the custom of courts issu-
ing temporary injunctions without mo-
tice to them and furnishing them for
contempt OF court In instances where,
as a matter OF fact, they have no
knowledge OF any proceedings PRO
vision should be made that ne injU9e-
ton or temporary restra lining order
issue otherwise than on notice, except
where irreparablc injury would other
wise result, and in such case 4 hear
ing on the merits OF the ordar should
be had within 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 IninImized in
every way.
The courts are to he 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
fan to recognize under government
like ours the deliberate Judgment of
the majority as to a matter of legiti-
mate policy when duly expressed by
the legislature. The people should
not be permitted to pardon evil 8nd
slipshod legislation on the theory that
the court win set it right. They should
be taught that the right way to get rid
Of n 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 III our country our people as a
whole are themselves to blame, and the
judges and juries merely bear their
share together with the public as a
whole. 1t is dIscredItable to us as Il
people that there should be difficulty
In convictinS murderers or in bringing
to justice men who as public servants
have been guilty of corruption or who
have profited by the corruption OF pub
lie servants.
The huge wealth that has been ac-
cumulated by few Individuals of re-
cent years, In what has amounted to
a social and industrial revolution. has
been as regards some OF these individ-
uals made possible only by the Improps
er use OF the modern corporation. Cor