The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-12-08

that the right 10 carry on business
should not be construed as = properly
right; and In second provision thelt
bifl made legal In a labor dispute any
act OF agreement by On between TWO OF
more persons taat would not have peSh
other words this bill legaIized black
listing and boycottins IN every form,
legalizlng. for Instance, those forms OF
the secondary boycott which the an
thracite coal strike commission so un.
reserVedly condemned; while the rish
TO carry on business was eNpllcltly
taken out from under that Profession
which the law throws over property
The demand was made that there
should be trial by jury In contempt
cases thereby most seriously impsltihs
the authority OF the courts. All TINS
represented course OF policy Which'
NJ carried out. would mean the en-
throncment OF class privilege In us
crudest and most brutal form, ana tne
destruction of one ot the most essential
functions OF the judiciary in all ciNiisz-
ed lands.
The violence OF the crusade for this
legislation. and its complete failure, IL
lustrate two truths which II Is essen
tial our people should learn. In the
iirst place, they oushI 10 ,eaeh nne
works giuan. the laborer the wage
worker. that ty demanding what Is i'm
proper and impossible he plays into the
hands OF his foes such crude anu
vicious attack upon the courts, even
II II We're temporarily successful, would
inevitably in the end cause violent fe-
action and would band the great mass
OF citizens together. forcing them 10
stand by all the judges. competent ana
incompetent alike. rather than 10 see
the wheels OF Justice stopped. A move
ment OF this Kind can ultimately rssui.
In nothing nut damage 10 those IN
whose behalf IL is nomlnally undertake
en-. This Is a most healthy truth, WHICH
II IS wise Tor ali our people 70 learn
Any movement based on that class
hatred which at times assumes the
names OF class consciousness Is GER
tain ultimately 10 faii, and II IL tenn
porarily succeeds, 10 do far-reachine
damage. rhc movement in question
was one in which the appeal was made
TO all workingmen TO vote primarily.
not as American citizens, but as indi-
viduals OF certain class In society
Such an appeal IN the first place revoits
the more high minded and far-sighted
among the persons TO whoa ~ Is AZ
dressed and In the second place TENDS
to arouse strong antagonism among
all other classes OF citizens. whom II
therefore tends TO unite against the
very organization on whose behalf IL
Is issued The result Is therefore UNI
fortunate from every standpoint. This
healthy truth, by the way, VIII be
learned by the Socialists II they ever
succeed in establishing In this country
an important nationdI party based on
such class consciousness and selnsh
class interest.
the laboring rlen OF the country by the
way In which they repudiated the ef-
fort TO get them 10 cast their votes In
response TO an appeal TO class hatred,
have emphasized their sound patriotism
and Americanism. The whole country
has cause TO feel pride In this attitude
promising insistence upon acting sim
ply as good citizens, as good Ameri-
cans without regard 10 fancied-and
improper-class interests. Such an at
titude Is an object lesson In good citi-
zenship TO the entire nation.
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 move
ment as this portcnds. The judges who
have shown themselves able and willing
effectively TO check the dishonest activ
fty of the very rich man who works
iniquity by the mismanagement OF COR
porations, who have shown themselves
alert TO do justice to the wageworker,
and sympathetic with the needs OF the
mass or our people, so that the dweller
In the tenement houses. the man who
practices a dangerous trade the man
who IL crushed by excessive hours OF
labor feel that their needs are under
stood by the courts--these judges are
the. real bulwark OF the courts; these
Judges. the judges OF the stamp OF the
president elect. who have been fearless
Ia opposing labor when IL has gone
wrong but fearless also I'm holding TO
strict account corporations that work
iniquity. and far-sighted In seeing that
the workingman gets his rights, are
=
IL that the appeal for such violent and
mistaken legislation has fallen on deaf
ears. that the agitation for it's passage
proved TO be without substantial basis
The courts are 1eoparded primarily by
the action OF these federal and state
judges who show inability or unwill-
tngness to put stop to the wrongdo-
ing OF very rich men under modern In
dustrial conditions and inability or un-
Willingness to give relief TO men of
small means or wageworkers who are
nk~1 H. 4. A..n
trial conditions; who, In other words.
fail to understand and apply the need
ed remedies for the new wrongs pro-
social and Industrial civilization which
has grown up In the last half CEN
fury.
The rapid changes in our social and
Industrial life which have attended this
rapid growth have made IL necessary
that. in applying TO concrete cases the
great rule of right LAID down In our
constitution. there should b. full un-
new conditions TO which the rules are
to be applied. What would have been
an infringement upon liberty half
century ago may be the necessary SAFE
guard OF liberty today. What would
have been an injury to property then
may be necessary to the enjoyment OF
property now. Every judicial decision
Involves two terms--one, an interpreta-
tion OF the law: the other. the under
standing OF the facts to which IL IL
judicial S ipo oesr. are sel,sve alive 0a to-
these changes OF conditions which so
materially AFFECT the performance OF
their judicial duties. Our judicial sys-
II remains and must ever be maintain
ed. as the safeguard OF those principles
Of liberty and Justice which stand at
the foundation OF American institu-
tions; for. as Burke finely said, when
liberty and justice are separated. Meth
members Of the judicial body who have
Jagged behind In their understanding
OF these great and vital changes In the
body polite. whose minds have never
been opened to the new applications of
the old principles made necessary by
the new conditions. Judges of this
stamp do lasting harm by their de-
men In need OF projection that the
courts OF the land are profoundly
ignorant OF and out of sympathy with
their needs and profoundly Indifferent
such men IL seems a cruel mockery TO
have any court decide against them on
the ground that IL desires to preserve
liberty" In a purely technical form by
constructive sense. II is .desirabis that
the legislative body should possess. and
wherever necessary exercise. tho pow
er 10 determine whether in q given case
employers and employees are not on an
equal footing. so that the necessities
| or the latter compel them TO submit to
such eNactions as TO hours and condi-
tons OF labor as unduly TO tax their
strength; and only mischief can result
when such determination n upset on
the ground that there must be no 'in-
| reference with tho liberty to contract"
often merely academic liberty.
tne exercise OF which Is the negation
/ OF real liberty.
There arc certain decisions by va
/ rious courts which have been exceed