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

y government. Under SUCH popular
\ government as ours, founded ON the :
= theory that Inv The long run the viii OF :
4 the people IS sHprep e. the ultimate =
= safety of the nation can only rest IN y
y training and guiding the people so =
= that what they will shall be right, =
y and not in deVising means 10 defeat
y their will by the technicalitieS OF =
y strained construction.
People to Blame.
For many OF the shortcomings of JUS
tice in our country our people as whole
ar themselves 70 blame. and the judges
and juries merely bear their share togeth-
er with the public as a whole. It is dis
creditable TO US As people that there
should be difficulty in convicting muir
derers, in bringing TO justice men VINO
as public servants have been guilty OF cor
ruption, or who have profited by the cor
ruption of public servants The result is
equally unfortunate, whether due 10 hair
splitting technicalitles in the Interpretation
OF law BY judges. TO sentimentality and
class consciousness on the part or 1uries,
OF TO hysteria and sensatioaaiism in the
daily press. For much of this failure Of
justice no responsibility whatever lies on
rich men as such. We who make up the
mass OF the people cannot shift the re-
spOnSibility from our shoulders. But there
is an important part of the failure which
has specially to do with inability to hold
to proper account men of wealth who be
have badly.
New Crimes Arise.
The chief breakdown is in dealing with
the new relations that arise from the
mutualism. the interdependence of our
time. Every new social relation begets a
new type of wrongdoing-Of sin, to use an
old-fashioned wofd---and many years al
ways elapse before society-is able to turn
this sin into crime which can be Sffec-
lively punished at law During the life
time of the older men now alive the So
ciai relations have changed far more rap
idly than In the preceding two centuries.
The immense growth of corporations. OF
y business done by associations. and =
= the extreme strain and pressure of 4
y modern life, have produced condi- y
3 lions which render the public con- =
4 fused as to who its really dangerous
\ foes are; and among the public y
y servants who have not only Shared y
y this confusion, but by some of their \
y acts have increased it. are certain &
y judges. Marked inefficiency has =
4 beer shown In dealing with corpO- =
y rations and in resetthng the proper q
y attitude to be taken by the public +
= not only towards corporations but y
y towards labor and towards the So y
y cial questions arising out of the fac y
= tory system, and the enormous =
y growth of our great cities. =
The huge wealth that has been accum-
ulaied by few individuals of recent
years. in what has amounted to a social
and industrial revolution has been as
regards some of these individuals made
possible only by the improper use of the
modern corporation. certain type of
modern corporation, with its officers and
agents. its many issues Of securities. and
its constant consolidation with allied I'M
certakingS. finally heCCmes an inStru-
ment so complex as to contain. a greater
number of elements that, under various
judicial decisions. lend themselves to
fraud and oppression than any device vet
evolved in the human BRAIN. Corpora
tons are necessary instruments of mod
srn business They have been permit
ted to become a menace largely because
the governmental representatives OF the
people have worked slowly in providing
adequate control over them.
The Chief Offender.
\ The chief offender in any given y
= case may be an executive, a legis- y
y head who advises violent instead of y
= gradual, action. or who advocates y
= ill-considered and sweeping meas y
y ures of reform especially if they are y
= tainted with vindictiveness. and dis +
= regard for the rights of the minor y
= ity) is particularly blameworthy. ,
e Inc several legislatures are reSpons- y
4 ible for the fact that our laws are y
= often prepared with slovenly haste y
y and lack of consideration. Moreover. y
= they are often prepared. and still y
y more frequently amended during +
y passage at the suggestion of the y
= very parties against whom they are =
y afterwards enforced. Our great +
clusters of corporations, huge trusts and
fabulously wealthy multi millionaires
employ the very best LAWYERS they can
obtain TO pick flaws in these statutes aft
er their passage, but they also employ
class OF secret agents who seek under
the advice of experts. TO render hostile
legislation innOcuOuS ny making il I'M
constitutional, often through the inser-
ton of what appear on their face to be
drastic and sweeping provisions against
the interests of the parties inspiring
them. while the demagogues, the corrupt
creatures who introduce Matchmaking
schemes TO strike" corporations, and all
who demand extreme, and undesirably
radical, measures, show themselves to be
the worst enemies OF the very public
whose loud-mouthed champions they
profess to be. A very striking illustration
OF the consequences of carelessness in the
preparation of a statute was the employ
ers' liability law of 1906. In the cases
arising under that law. four out of six
courts of first instance held IL unconsti-
tuuonal; six out of nine justices of the
supreme court held that its subject mat
ter was within the province of congress
sional action; and four of the nine JUS
tees held II valid. 1t was. however ad-
Judged unconstitutional by a bare ma
Jority OF the court-five to four. II was
surely a very slovenly piece of work to
frame the legislation in such shane rs to
leave the question open at ak.
Must Havs Full Power.
Real damage has been done by the man
interstate commerce law. Control over
the great corporations doing interstate
business can be effective only if il is
vested with full power in an administra-
tive department. a branch of the federal
executive, carrying out a federal law; IL
can never he effective if a divided re-
sponsibility IS left in both the states and
the nation; IL can never be effective If
left in the hands OF the courts to be de
cided by lawsuits.
The courts hold place of peculiar and
deserved sanctity under our form of gov
ernment Respect for the law is essential
10 the permanence of our institutions.
and respect for the law is largely condi-
toned upon respect for the courts 1t is
an offNnse against the republic to say
anythings (which can weaken this respect
save for the gravest reason and in the
most carefully guarded manner Our
judges should be held in peculiar honor:
and the duty of respectful and truthful
comment and criticism. which should he
binding when we speak of ANYBODY
should be especially binding when we
speak OF them. On an average they stand
above any other servants of the com
munlty. and the greatest judges have
reached the high level held by those few
greatest patriots whom the whole coun.
try delights TO honor. But we must face
the fact that there are wise and tlnvyisA
judges. Just as there are wise and mn
mis- @nrWrr =