The river press. [volume] (Fort Benton, Mont.) 1880-current, 1908-12-09

j brutal form and the destruction OF
one of the most essential functions Of
the Judiciary in all civilized lands.
The Wageworlers, the workingmen,
the laborins men of the country, by the
way III which they repudiated the ef-
fort to set 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 rcactionaries, 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
courts are jeoparded primarily by the
action of these federal and state
judges who show inability or unwill-
ingncss TO put Il stop to the wrong
doing Of very rich men under modern
industrial cosditions.
There are certain decisions by va
rious courts which have been exceed
ingly detrimental to the rights of
wageWolkerS. 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 q dangerous occupation, or to
work an undesirable or improper num-
I 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, l think, ground for
the belief that substantial injustice is
! often suffered by employees in conSc-
quence Of the custom of courts iSsu-
Ing temporary injunctions without no.
| tice to them and furnishing them for
contempt Of court in instances where.
as matter of fact, they have no
knoWied%e Of any proceedings. Pro
vision should be made that no iniunc-
ton Or temporary restraining order
| issue otherwise than on notice, exccpt
where irrcDarable injury would other
wise result, and IN such case hear
Ing on the merits Of the order should
be had within a short fixed period.
AMI il not then continued after hear
Inc it should forthwith lapse Deci-
sions sh"u.l be rendered Immediately
| and the chance of delay minimized in
every way.
The crUrta are to he highly COM
mended and stanchly upheld when
they set their faces AGAINST wrong
doin" or tyranny by Il majority, but
they are to be blamed when they
fail to recognize under Il government
like ours the deliberate Judgment Of
the majority as to matter Of lcmiti-
mate policy when duly expressed lv
the legislature. The people should
not be permitted to pardon evil and
slipshod legislation on the theory tha,
the court viii 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 nul!ify 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 iurics merely bear their
share together with the public as a
whole. 1t is discrcditable to US as Il
people that there should be difficulty
IN convicting murdercrs or in bringing
to justice men who as public servants
have been guilty of corruption or who
have protited by the corruption of pub
lie servants.
The huge wealth that has been ac-
cumulated by a few individuals Of re-
cent years, in what has amounted to
social and industrial revolution, has
been as regards some Of these individ-
uals made possible only by the improp-
er use Of the modern corporation. Cor
poratlons are necessary instruments of
modern business. They have been per-
mitted to become a menace largely be-
cause the governmental representatives
Of the people have worked slowly in
providing for adequate control over
them.
Real damage has been done by the
manifold and conflicting interpreta-
tions Of the interstate commerce law
Control over the great corporations do
Ing interstate business can be effective
only II 1t Is vested with full power in
an administrative department., a branch
OF the federal executive, carrying out
federal law 1t can never be ef-
fective If divided responsibility is
left in both the states and the nation
1t can never be effective If left in the
hands Of the courts to be decided by
lawsuits.
The courts hold place of peculiar
and deserved sanctity under our form
of government. Respect for the law is
essential to the permanence Of our in
stitutions, and respect for the law is
largely conditioned upon respect for
the courts. But we must face the fact
that there are wise and unwise judges,
just as there are wise and unwise ex-
ecut1ves and legislators. When
president or governor behaves improD-