The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1908-12-08
CLASS LEGISLATION.
Views Held by Extreme Labor Lead.
ers Are Unconstitutional

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 / believe that the law would
rightly be held unconstitutional More
over, the labor people are themselves
now beginning to invoke the use of
the power of injunction. 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 r!shtD, but some being OBJ
tanned for other reasons against en-
ployers. The power OF injunction is
great equitable remedy which should
on no account be destroyed But safe
guards should be erected against its
abuse. | believe that some such pro-
visions as those l advocated year
ago for checking the abuse of the
Issuance of temporary injunctions
should be adopted. In substance, pro-
vision should be made that no injunc-
ton 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 minimized in
every way. Moreover. | believe that
the procedure should he sharply de-
fined and the judge required minutely
to state the particulars both of his
action and Of his reasons therefor, so
that the congress can, If it desires. ex-
anime and investigate the same
The chief lawmakers of our country
may be and often are the judges, be-
cause they are the final seat Of au-
thority Every time they Interpret con
tract, property, vested rights. due
process of law. liberty, they necessarily
enact into law parts of a system of
social philosophy. and. as such inter
IlttdttOH - lDtN give
direction to all lawmaking The de-
cisions of the courts on economic and
social questions depend upon their
economic and social philosophy. and
for the peaceful progress of our peo-
pie during the twentieth century we
hold to a twentieth century economic
and social philosophy and not to a
long outgrown philosophy which was
itself the product of primitive econom-
ic conditions OF course Judges
views or progressive social philosophy
his possession of high and fine char
acter, whic.S means the possession of
such elementary virtues rs honesty.
courage AMI fair mindedness. The
judge who owes his election to pander-
Ing to denagogic sentiments or class
hatreds and prcjudiccs and the judge
who owes either his election or his
appointment to the money or the favor
Of n great corporation are alike III
worthy to sit on The bench. are alike
traitors to the people. and no pro-
fundity of legal learning or correctness
of abstract conviction on questions of
public policy can serve as an offset to
such shortcomings But 1t is also true
that judges. like executives and legis-
lators. should hold sound views on the
questions of public policy which are of
vital interest To the people.
The legislators and executives are
chosen to represent the people in en-
acting and administering the laws
rhe Judges are not chosen to represent
the people in this sense Their func-
ton is to interpret the laws. The legis-
lators are responsible for the laws, the
Judges for the spirit in which they in
terpret and enforce the laws. we
stand aloof FROM the reckless agitators
who would make the judges mere Pill
ant tools of popular prejrd!ce and pas
sion. and We stand aloof from those
equally unwise rartieaas Of reaction