Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-12-10

tdiIeu Tor .0tner reasons against eIl-
ployers The power Of Injunction is
great equitable remedy which should
ON nosaccount 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 iniunctions
should be adopted. In substance, pro-
vision should be made that no iniunc-
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
De mao Within short fixed period.
and If not then continued after hear
ing 1t should forthwith lapse. Deci-
sions should he rendered Immediately
and the chance of delay minimized in
every way. Moreover, believe that
the procedure should be sharply de-
lined 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, ey-
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-
clslons of the courts on economic and
social questions depend upon their
economic and social philosophy, and
fcr the peaceful progress of our peo-
pie during the twentieth century we
snail owe most to those judges who
hold to twentieth century economic
and social philosophy and not to a
long outGrown philosophy which was
ltsesf the product of primitive econom-
&c conditions. OF course a Judges
views on progressive social philosophy
are entirely second in importance to
MS possession of high and fine char
actef, which means the possession of
sucl elementary virtues as honesty
courage and fair mindedness. The
Judge who owes his election to pander-
ing TO demagogic sentiments OF class
hatreds and preiudices and the Judge
who owes either his election or his
appointment to the money or the favor
OF 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-
lators, should hold sound views on the
questions OF public policy which are of
vital interest 20 the people.
he legislators and executives are
CHOSEN to represent the people in en-
acting and administering the laws.
Inc Judges are not chosen to represent
the people in this sense Their fupc-
ton is to interpret the laws. The legis-
lafors are responsible for the laws. the
judges for the spirit in which thew in
tefpret, and enforce the laws. We
stand aloof from the reckless agitators
VINO would make the judges mere pill
ant tools OF popular prejudice and pas
sion. ana we stand aloof from thos
equally unwise partisans of reaction
ana privilege who deny the proposi-
tlon that, inasmuch as judges are chosen
10 serve the interests of the whole peo-
pie, they should strive to find out what
those interests are and, so far as thew
can, should strive to-
give effect to popular conviction when
deliberately and duly expressed by the
lawmakipg body. The courts are to be
highly commended and stanchly up
held When they set their faces against
WronGdoinS or. tyranny by majority.
mt they are to be blamed when they
fail to recognize under government
IKE ours the deliberate Judgment of
the majority as to Il matter of legiti.
mate policy when duly expressed by
The legislature. Such lawfully ex-
pressed and deliberate judgment should
DC given effect by the courts save in
the extreme and exceptional cases
where there has been 4 clear violation
OF constitutional provision Any
thing like frivolity or wantonness in
upsett'ng such clearly taken govern
mental action is Il grave offense against
the republic. 10 protest against tyran-
ny, to protect nninorties from oppres- /
sion, to.nu!iify an act committed in a
Srasm of popular fury, is to render a
service to the republic. But for the
courts TO ari0"ate 10 themselves iunc- !
mons which properly belong to the leg
sIative bodies is All wrong and in the
snd works mischief. The people should
het be permitted to pardon evil and
;ilpshod legislation on the theory that
ne court will set it right. They should
be taught that the right way to get rid |
u Il bad law is to have the legislature
'epeai it and not to have the courts by |
Ingenious hair splitting nullify il. A |
aW may be unwise and improper, but |
t should not for these reasons be de- !
Jared unconstitutional by Il strained I
for the result of such |
lcllon is to take away from the people
It large their sense OF responsibility |
ana ultimately to destroy their c5Dac- |