Daily Arizona silver belt., 1908-12-09

at least fifty injunctions have been oh
 tained by labor unions in New Yorl
 city alone, most of them being to pro
 tect the union label Ca fpropert,
 right'0, but some being obtained fo other reasons against employers. Tn
 power of injunction is great equitabl
 remedy, which should on no accoun
 be destroyed. But safeguards shoul,
 be enacted against it's abuse. I belicv
 that some such provisions as those
 advocated year ago for checking tn,
 abuse of the issueance of temporary in
 junctions should be adopted. In sub
 stance, provision should be made tha
 no injunction or temporary restraining order issue otherwise than on notice
 except where irreparable injury would
 otherwise result; and in such case z
 hearing on the merits of the order
 should be had within short fired per iod, and if not then continued after
 hearing, it should forthwith lapse. De
 cisions should be rendered immediately
 and the chance of delay minimized in every way. Moreover, I believe that the procedure should be sharply defined, and the judge required minutely to state
 the particulars both of his action and
 of his reasons therefor, so that the congress can if it desires examine and Investigate the same.
 The chief lawmakers in our country
 may be, and often are, the judges. be- cause they are the final scat of author
 ity. Every time they interpret con tract, property, vested rights, due pro. cess of law, liberty, they necessarily enact into law parts of a system of social philosophy; and as such interpre' tation is fundamental, they give diree- tion to all law,making. The decisions of the courts on economic and social questions depend upon their economic and social philosophy; and for the peaceful progress of our people during the twentiet hcentury we shall owe most to those judges who hold to twentieth century economic and social philosophy and not to long outgrown philosophy, which was itself the product of prinii- tive economic conditions. Of course a iudge's views on progressive social phi losophy are entirely second in impor- tance to his possession of high and fine character: which means the posses sion of such elementary virtues as hon esty, courage and fairmindedness. The judge who owes his election to pander- ing to demagogic sentiments or class hatreds and prejudices, and the judge who owes either his election or his ap- pointment to the money or the favor of great corporation, are alike unworthy to sit on the bench, are alike traitors to the people; and no profundity of legal learning. or correctness of ab- stract conviction on questions of pub lie policy, can serve as an offset to such shortcomings. But it is also true that judges. like executives and legislatures, should hold sound views on the ques tions of public policy which are of vi tai interest to the people.
 The legislators and executives are chosen to represent the people in enact ing and administering the laws. The judges are not chosen to represent the people in this sense. Their function is to interpret the laws. The legislators are responsible for the laws; the judges for the spirit in which the interpret and enforce the laws. We stand aloof from the reckless agitators who would make the judges mere phant tools of popular prejudice and passion; and we stand aloof from those equally unwise parti- sans of reaction and privilege who deny the proposition that inasmuch as judges are chosen to serve the interests of the whole people, they should strive to find out what those interests are, and, so far as they conscientiously can, should strive to give effect to popular convic- ton when deliberately and duly ex- pressed by the lawmaking body. The courts are to be highly commended and staunehly upheld when they set their faces against wrongdoing or tyranny by a majority; but they are to be blamed when they fail to recognize under a government like ours the deliberate of the majority as matter of legitimate policy, when duly express ed by the legislature. Such lawfully expressed and deliberate judgment should be given effect by the courts. save in the extreme and exceptional cases where there has been clear vio- lation of constitutional provision. like frivolity or wantonness in upsetting such clearly taken govern mental action is grave offense against the republic. To protest against tyran- ny, to protect minorties from oppres- sion, to nullify an act committed in a spasm of popular fury, is to render a service to the republic. But for the courts to arrogate to themselves func tions which properly belong to the legis- lative bodies is all wrong, and in the end works mischief. The people should not be permitted to pardon evil and slipshod legislation on the theory that The court will set it right; they should be taught that the right way to get rid of q bad law is to have the legisla- ture repeal it, and not to have the ,ourts by ingenious hairsplitting nulli- fy it. A law may be unwise and i'm proper, but it should not for these req sons be declared unconstitutional by a strained Interpretation, for the result ,f such action is to take away from the people at large their sense of responsi- oility and ultimately to destroy theIr capacity for orderly self restraint aR self government. Under such popular government as ours, founded on the the ,ry that in the long run the will of the people is supreme, the ultimate safety If the nation can only rest in training md guiding the people so that what hey will shall be right, and not in Gc