The state herald., 1908-12-11

straining order issue otherwise than on
notice. except where irreparable injury
would otherwise result: and In such case
hearing on the merits of the order
should be had within u short fixed pc
riod. and, II not then continued after
hearing, II should forthwith lapse. De-
cisions should be rendered Immediately,
and the chance of delay minlmized in
every way. Moreover, l 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 II II desires examine and investigate
the same.
For many of the shortcomings OF
justice In our country our people as II
whole are themselves to blame, and the
judges and juries merely bear their
share together with the public as q
whole. II is discreditable to us as n
people that there should be difficulty in
convicting murderers. or in bringing to
justice men who public servants
have been guilty of corruption, or who
nave prohted by the corruption of
public servants. The result is equally
unfortunate whether due to hairsplit-
ting technicalitics in the Interpretation
of law by judges to sentimentality and
class consciousness on the part of
juries. or to hystcria and sensational
ism in the daily press For muck 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 responsibility from our
own shoulders. But there is an impor-
tant part of the failure which has spc-
cia!y to do with inability to hold
to proper account men of wealth who
behave badly.
The Modern Corporation.
The huge wealth that has been accu-
mulated by n few individuals of recent
years, In what has amounted to SO
cial and Industrial revolution, has been
as regards some OF these individuals
made possible only by the improper use
of the modern corporation. A certain
type OF modern corporation. with Its
officers and agents, it's many issues OF
securities. and It's constant consolida-
tion with allied undertakings. finally
becomes an instrument so complex as
to contain greater number Of ele-
mcnts that. under various judicial de-
cisions, lend themselves to fraud and
oppression than any device yet evolved
In the human brain. Corporations are
necessary instruments OF modern bust
ness. They have been permitted to
become n menace largely because the
governmental representatives of the
people have worked slowly In provid-
ing for adequate control over them.
'ui EIfbi VI f'lUNIh=
tions huge trusts and fabulously
wealthy multimillionaires. employ the
very best lawyers they can obtain to
pick flaws In statutes after their
passage; but they also employ class
Of secret agents who seek. under the
advice Of experts, to render hostile
lsgisla Ion innocuous by making IL un-
constitutional often through tho inser-
tlon of what appear on their face to be
drastic and sweeping provisions against
the Interests OF the parties inspiring
them: while the demagogucs. the cor
rupt creatures who introduce black
mailing schemes to strike" corpora
tinns. aud all who demand extreme.
and undesrably radical, measures.
show themselves TO be the worst enc
miles Of the very public whose loud
mouthed champions they profess to be.
Real damage has been done By the
manifold and conflicting Interpretations
oi the Interstate commerce law Con-
troll over the great corporations doing
Interstate business can be effective only
II IL Is vested with full power In an
e9d,oiHis..r.sa!iye. 9a,o department. a branch OF
federal law; II can never he effective u
n divided responsibility is left In both
the states and tho nation: ~ can never
be effective " left In the hands Of the
courts TO be decided by lawHuitA
HctDtCt 1Of Ia" Wutt DC StHtlus
The courts hold place Of peculiar and
deserved Eunctiiy under our form Of gov
eminent Respect for the law IL essen
tlai to the pormansuec of our lustitu-
lions and respect for the law II largely
conditioned upon respect for the courts,
n II an offgns- against the republic To
sny anything which can weaken this fc.
rpect save for the Eravost reason and In
the most carefully guarded manner In no
other nation IN the world do the courts
WELD such vast and far=fsnUhlnE power
ns In the United sint.s. Al that i nee
rashry II that the courts ~ whole
should exercise this power with tho far
sighted wisdom already shown by those
Judges who scan the future while they
act IN the present Let them eArreis.
this great power not only honestly and
hrnyrly. but with wise insight into tho
needs and nscd purposes Of the people,
"a that they may do Justice. and work
equity 80 that they may protect all per.
sons IN their rights, and y1t hrrak down
ih" barriers Of privilege which is the Zoe
of right
Forest Preservation.
n there il any one duty which more
Than another We owe Il 20 our children
10 perform at once. II 10 90 save tho for.
rsts Of this country. for they constitute
Tho frst and most important element IN
N" conservation OF the natural r.
sources uf tho country. . Just aa
"a farmer. after aii his life making his
living from his farm. will. n ho IL an ex.
peri farmer leave n ~ an asset of IN
creased value io his son. 80 We should
lrHv" our national domain 10 our ohIi.
dfon, Increased In value and not worn
out There are small sections uf nur own
country. In the east aud la the west. In
the AdirondaekH the white mountains
and th" Appaiachlana and In tho Rocky
mountains, where We van already Hns Tor
ourselves the damagc In the shape VI
Permanent injury io tho coll and the
Hfrr systems which comes from reckless
differentiation u matters not whether
this d"forrHiaiion iH due to tho actual
reckless cutting ~ timber. 10 tho nfrs
that Inevitably follow such r"rkless cut.
Ting of timber, Hr 10 reckless and uncnn.
truiird HraElnE especially bY Tho great
migratory bands 81 sheep. the uhs
checked wandering ~ which over the
country means destruction 10 forests aud
disaster ~ the small home makers, tho
1niiluts ~ limited means
Thanks ~ our own rrrhirHsnrss
m tho Use ~ our splundid forests.
We have already crossed tho verge ~
fIfUtsHf fufnffY la ff.ta .....stsN.s