Bismarck daily tribune., 1908-12-09
CLASS LEGISLATION.
Views Held by Extreme Labor Lead
ers Are Unconstitutional.

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 right'1, 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 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 it should forthwith lapse. Deci-
sions should be rendered Immediately
and the chance of delay minfmized in,
every way. Moreover, / believe that
the procedure should be 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, IL 1t 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-
probation is fundamental they 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
shall owe most to those judges who
hold to a twentieth century economic
and social philosophy and not to
long outgrown philosophy which was
itself the product Of primitive econom-
ic conditions. OF course judges
views on progressive social philosophy
are entirely second in Importance to
his possession OF high and fine char
acter, which means the possession Of
such elementary virtues as honesty,
courage and fair mindedness. The
Judge who owes his election to pander-
ing to demagogic sentiments or class
hatreds and prejudices and the Judge
who owes either his election or his
appointment to the money or the favor
CT great corporation are alike un-
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 It is also true
that judges, like executives and legis-
flators, 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.
The judges are not chosen to represent
the people In this sense Their func-'
tion 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 pli-s
ant tools OF popular prejudice and pas.
sion, and we stand aloof from those
equally unwise partisans or reaction
a