Bismarck daily tribune., 1908-12-09
REFORM OF THE COURTS.
Not Possible When Judiciary ]
Attacked Indiscriminately.

at the last election certain leaders
OF organized labor made violent and
sweeping attack upon the entire ju-
dietary Of the country, an attack
couched In such terms as to include
the most upright, honest and broad
minded judges no less than those Of
narrower mind and more restricted
outlook It was the kind OF attack ad-
mirably fitted to prevent any success
full attempt to reform abuses Of the
judiciary, because 1t gave the cham
pions Of the unjust judge their eagerly
desired opportunity to shift their
ground into championship Of just
judges who We're unjustly assailed.
Last year before the house committee
on the judiciary these same labor lead
ers formulated their demands, specify
ing the bill that contained them, re-
fusing all compromise, stating they
wished the principle of that bill or
nothing. They insisted on provision
that in a labor dispute no. Injunction
should issue except to protect prop
erty right and specifically provided
that the right to carry on business
should not be construed as property
right, and in second provision their
bill made legal in labor dispute any
act or agreement by or between two
or more persons that would not have
been unlawful IL done by a single per-
son. In other words, this bill legal
lied blacklisting and boycotting ia-ev-
cry form, legalizing, for instance, those
forms Of the secondary boycott which
the anthracite coal strike commission
SO unreservedly condemned, while the
right to carry on business was ex-
plicitly taken out from under that pro-
lection which the law throws over
property. The demand was made that
there should be trial by jury In con-
tempt cases, thereby most seriously i'm
pairing the authority of the courts.
All this represented course OF policy
which, IL carried out, would mean the
enthronement OF class privilege in
its crudest and most brutal form and
the destruction Of one Of the most es-
sential functions Of the judiciary In all
civilized lands.
The violence Of the crusade for this
legislation and its complete failure III
lustrate two truths which it Is essen
tial our people should learn. In the
first place, they ought to teach the
workingman, the laborer, the wage
worker, that by demanding what Is
improper and impossible he plays into
the hands Of his foes. Such crude
and vicious attack upon the courts.
even if 1t were temporarily successful,
would inevitably In the end cause q
Fiolent reaction and would band the
great mass cf citizens together, forcing
them to stand by all the judges, COM
petent and incompetent alike, rather
than to see the wheels Of justice
stopped. "a movement Of this kind can
ultimately result in nothing but dam
age to thosa III whose behalf it is
nominally undertaken. This Is a
most healthy truth, which 1t Is wise
for all our people to learn. ANY move
ment based on that class hatred which
at times assumes the name Of aclass
conscio ciousness" is certain ultimately to
fail and, IL It temporarily succeeds, to
do farreaching damage. ..Class con-
sciousness" where 1t lis merely another
name for the odious vice OF class,
selfishness Is equally noxious whether
In an employers association or In
svorkingman's association. The move,
ment In question was one III which
/ the appeal was made to all workingmen
to vote primarily not as American citi-3
zens, but as individuals OF a certain
class In society. Such an appeal, In
the first place. revolts the more high
minded and farsighted among the per
sons to whom 1t is addressed and, In
the second place, tends to arouse d
strong antagonism among all other
classes OF citizens. whom 1t therefore
tends to unite against the very organ
ization on whose behalf 1t Is issued.
The result is therefore unfortunate
from every standpoint. This healthy
truth. BY the way. win be learned by
the Socialists IL they ever succeed in
establishing In this country an impor-
tant national party based on such
class consciousness and selfish class In
teresf.