The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1908-12-10

their salaries doubled.
1t is earnestly to be desired that
some method should be devised for do
ing away with the long delays which
now obtain in the administration OF
justice and which operate with pecul-
lar severity against persons of small
means and favor only the very crimi-,
nails whom it is most desirable to pun
ish.
At the last election certain leadersI
of organized labor made a violent andl
sweeping attack upon the entire ju-
dietary Of the country, an attack
couched in such terms as to included
the most upright, honest and broadi
minded judges no less than those Of
narrower mind and more restricted
outlook. Last year before the house
committee on the judiciary these same
labor leaders formulated their de-
mands, specifying the bill that con-
tanned them, refusing all compromise,
stating they wished the principle OF
that bill or nothing. They insisted on
provision that in labor dispute no
Injunction should issue except to pro-
| tect property right and specifically
provided that the right to carry on
! business should not be construed as a
property right, and in a 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 unla wful 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 impairing the authority
! Of the courts. All this represented a
course of policy which, if carried out,
would mean the enthronement 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 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 Americanism.
Courts ImperiIed by Judges.
But the extreme reactionaries, the
/ persons who blind themselves to the
| wrongs now and then committed by
the courts on laboring men, should
also think seriously as to what such a
movement as this pOrtends. The
I courts are jeoparded primarily by the
action of these federal and state
judges who show inability or unwill-
| i'm fn nI1f CTR n 10 WI
doing of very rich men under modern
industrial conditions.
There are certain decisions by va
rious courts which have been exceed
ingly 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 a dangerous occupation, or to
| work an undesirable or improper num-
Der Of hours, or to 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 un-
healthy.
There is also, think, ground for
the belief that substantial injustice is
often suffered by employees in conse-
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 no injunc-
ton or temporary restraining order
issue otherwise than on notice, except
where irreparable injury would other
wise result, and in such case q hear
ing on the merits of the order should
be had within a short fixed period,
and If not then continued after hear
ing it should forthwith lapse. Dect-
sions should be rendered Immediately
and the chance of delay minimized in
every way.
The courts are to be highly COM
mended and stanch1y upheld when
they set their faces against wrong
doing or tyranny by majority, but
they are to be blamed when they
fail to recognize under a 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 and
slipshod 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 it 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 al
whole are themselves to blame, and the
judges and juries merely bear their
share together with the public as a |
i whole. It is discreditable to us as al
people that there should be difficulty |
in convicting murderers or in bringing
to justice men who as public servants
have been guilty Of corruption or who
have proited by the corruption Of pub
| lPn