The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-09

UT 10 Work an uHOeSlTdplS OF Improper
number of hours. or to work In unhealthy
surroundings, and therefore cannot recov-
er damages when MANNED in that occu-
patton, and can not be forbidden TO work
what the legislature decides is an exces-
slFe number of hours, or to carry on the
work under conditions which the legisi9-
lure decides 10 be unhealthy. The most
dangerous occupations are often the poor
est paid. and those who go into them ere
urlVen by necessity so great that they
nave practically no alternative. Decisions
such as those alluded TO above nullify the
legislative effort TO protect the wage
workers who most need protection from
.noSe employers who take advantage OF
their grinding need. They halt or ham
per the movement for securing better
and more equitable conditions of labor.
The talk about preserving to the misery
hunted beings who make contracts for
such service their liberty to make them.
Is either to speak in a spirit of heartless
irony or else to show an utter lack OF
knowledge of the conditions of life among
the great masses of our fellow-country-
men. lack which units Judge 10 DO
good service just as it would unfit any
executive or legislative officer
Government by Injunction.
There is also. / think. ground for the
belief that substantial injustice is often
| suffered by employees I'm consequence of
the custom of courts issuing temporary
Furnishing them for contempt OF court In
instances where. as matter Of fact, they
| have no knowledge of any proceedings
outside of organized labor there is wide
| spread feeling that this system often
works great injustice to wageworkers
when their efforts to better their work
| ing condition result in industrial disputes.
A temporary Injunction procured ex parte
| may as a matter of fact have all the eff
feet OF a permanent injunction in causing
disaster TO the wagewOrkers' side i'm such
4 dispute. Organized labor is chafing y
+ under the unjust restraint which y
| y comes from repeated resort to this y
= plan of procedure Its discomfort has y
= been unwisely expressed. and often =
y improperly expressed, but there is y
y sound basis for it, and the orderly 4
+ and law-abding people of a commu- y
! y nifty would be in a far stronger posi- y
y ton for unfolding the courts if the y
y undoubtedly existing abuses could be =
= provided against. 4
Such proposals as those mentioned above
as advocated by the extreme labor lead
ers 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.
now beginning to invoke the use OF the
power of injunction. During the last ten
years, and within my own knowledge. at
least fifty injunctons have been obtained
( by labor unions in New York city alone
most of them being TO protect the union
| label Ga property rightD, but some being
| obtained for other reasons against EN-
/ ployers. The power of injunction is a
great equitable remedy. which on no az
! count should be destroyed But safe
| guards should be erected against its
abuse ! believe that some such provi-
sions as those I advocated year ago for
| checking the abuse of the issuance Of
! temporary injunctions should be adopted.
| In substance, provision should be made
| that no injunction or temporary restrain
ling order issue otherwise than on notice,
! except where irreparable injury would
otherwise result: and in such a case a
| hearing on the merits of the order should
| be had within short fixed period and if
not then continued after hearing. il should
| forthwith lapse. Decisions should be ren .
dered Immediately, and the chance of de D..
lay minimiZed in every way. Moreover,
! ] believe that the procedure should be
| sharply defined, and the judge required
infinitely to state the particulars both of
his action and of his reasons therefor. so
that the congress can, fit desires, exam
Inc and investigate the same.
Administration of Justice.
The chief lawmakers in our country may
| be- and often are, the judges. because they
are the final seat of authority. Every
time they interpret contract, property.
vested rights, due process of law, liberty.
| they necessarily enact into law parts of
a system of social philosophy; and as such
Interpretation is fundamental. they give
direction to all law-making. The decisions
of the courts on economic and social ques-
tons depend upon their economic and So
cial philosophy; and for the peaceful prog
reSs of our people during the twentief n
who hold to a twentieth century economic
and social philosophy and not a long out
grown philosophy, which was itself the
product of primitive economic conditions.
4 OF course a judges views on pro- y
y gressive social philosophy are entirely =
y second in Importance to his posses +
| y sion of a high and fine character; y
\ which means the possession of such y
r elementary virtues as honesty. cour- y
y age and fairmindedness. The Judge \
= who owes his election to pandering y
! y to demagoSic sentiments or class hat y
4 reds and prejudices. and the Judge y
| y who owes either his election or his y
y appointment to the money or the IA
y Yor of a great corporation. are alike +
4 unworthy to sit on the bench. are y
| y alike traitors to the people; and no +
| y profundity of legal learning, or cor y
y rectness of abstract conviction on y
| y questions of public policy, can serve \
! + as an offset TO such shortcomings y
| 4 But il is also true that judges, like \
\ executives and legislators. should i
y hold sound views on the questions of !
| = public policy which are of vital in \
| 4 81 fa he karr,fa