Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1908-12-10

VI ~ WIN ~ I
and therefore cannot recover damages
when MANNED in that occupation. and
cannot be forbidden to work the
legislature decides is an excessive num-
Der of hours, or to carry on the work
under conditions which the legislature
decides to be unhealthy. Decisions
such as those nullify the legislative
EFFORT to protect the w-age-workers who
most need protection from those employ
ers who take advantage Of their grind
ing need, They halt or hamper the move
ment for securing better and more equi-
table conditions Of labor.
There is also, l think, ground for the
belief that substantial injustice is often
suffered by employees in consequence OF
the custom of courts issuing temporary
injunctions without notice to them, and
Furnishing them for contempt of court in
instances where, as a matter of fact,
they have no knowledge of any proceed
ings. = Organized labor is chatting
comes from repeated resort to this
plan Of procedure. Its discomfort
has been unwisely expressed, and
often improperly expressed, but there
is a sound basis for it. and the or
Derby and la~w-abiding people of a COM
munity would be in a far stronger posi-
ton for upholding the courts If the un-
doubtedly existing abuses could be pro-
vided against.
Matters for Thought for Labor.
Such proposals as those mentioned
above as advocated by the extreme labor
leaders, contain the vital error of being
class legislation of the most offensive
kind, and even If enacted into law I be-
lieve that the law would rightly be held
unconstitutional. Moreover, the labor
people are themselves now beginning to
invoke the use OF the power of injunc-
ton. During the last ten years, and
within my own knowledge, at least fifty
| injunctions have been obtained by labor
unions in New York city alone, most of
them being to protect the union label "a
property right'), but some being OBJ
| tanned for other reasons against employ
ers.
Injunction Must Remain.
The power Of injunction is a great
equitable remedy, which should on no
account be destroyed. But safeguards
should be erected against it's abuse.
In substance, provision should be made
that no Injunction or temporary re-
straining order issue otherwise than on
notice, except where irreparable injury
would otherwise result; and in such case
a hearing on the merits Of the order
should be had within a short fixed Pc
Rod, and, if not then continued after
hearing, it should forthwith lapse. De-
cisfons should be rendered Immediately,
and the chance of delay minimized In
every way. Moreover. I believe that the
procedure should be sharply defined, and
the judge required infinitely to state the
particulars both of his action and of his
reasons therefor, so that the congress
can If it desires examine inc investigate
the same.
For many of the shortcomings Of
Justice in our country our people as 8
whole are themselves to blame. and thu
judges and juries merely bear theil
share together with the public as 6
whole. 1t is discreditable to us as 6
people that there should be difficulty II
convicting murderers, or in bringing tt
justice men who as public servant:
have been guilty of corruption, or whC
nave profted by the corruption O.
public servants. The result is equal.
unfortunate, whether due to hairsplit
ting technicalities in the Interpretation
of law by judges. to s~entlmentality an
class consciousness on the part o
juries, or to hysteria and sensational
ism in the daily press. For much o
this failure of Justice no responsibilit,
whatever lies on rich men as such. W
who make up the mass of the peopl
ChllLlOL ollll thC hN -
own shoulders. But there Is an impor
tant part of the failure which has spe
cial.y to do with inability to hol
to proper account men of wealth VIII
behave badly.
The Modern Corporation.
The huge wealth that has been accu
} mulated by a few individuals of recer
years, in what has amounted to a sc
cial and Industrial revolution, has bee
8 as regards some of these individual
: made possible only by the improper us
of the modern corporation. A certal
type of modern corporation, with II
officers and agents, it's many issues {
securities, and its constant consolids
l ton with allied undertakings, finall
j becomes an instrument SO complex &
: to contain a greater number of elt
y ments that, under various judicial d.
I cisions. lend themselves to fraud an
u oppression than any device yet evolve
/ in the human brain. Corporations al
: necessary Instruments of modern bus
: ness. They have been permitted
. become a menace largely because Il
= governmental representatives of Il
people have worked slowly in provi'
: ing for adequate control over them.
e Our great clusters of corpor
q lions. huge trusts and fabulous
e wealthy multimillionaires, employ II
0 very best lawyers they a obtain
pick flaws in statutes after the
II passage; but they also employ a ella
q of secret agents who seek, under Il
y advice of experts, to render host
y legisla Jon %innocuous by making it u
= constitutional, often through the inse
u ton of what appear on their face to
{. drastic and sweeping provisions again
IL the interests of the parties inspiril
x l -. kite Ela own rrnpttoc - tho 90
:, rupt creatures who introduce blac
u mailing schemes to strike" corpor
l. lions, and all who demand eXtren
Il and undesirably radical, measure
80 show themselves to be the worst en-
= mics of the very public whose lou
IS mouthed champions they profess to
~ Real damage has been done by t
- manifold and conflicting interpretatio
" oil the interstate m law. Co
2 troll over the great corporations dol
~ interstate business can be effective or
~ If it Is vested with full power in
u administrative department, a branch
lie the federal executive, carrying out
n federal law; it can never be effective
" a divided responsibility is left in be
the states and the nation; it can neN
is be effective If left in the hands of t
e, courts to be decided by lawsuits.
Respect for Law Must Be Upheld
ne The courts hold a place of peculiar a
e. deserved sanctity under our form of g.
n ernment Respect for the law is ess
tial to the permanence of our insti
Id tons; and respect for the law is larg
IL conditioned upon respect for the coul
Id 1t Is an offense against the republic
MT say anything which can weaken this
at spect, save for the gravest reason and
IN the most carefully guarded manner In