Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1908-12-12

HS w Tue IUOSt UpTISnI, UDUeSu anu
broad minded Judges. no less than those of
narrower mind and more restricted outlook.
IL was the kind of attack admirably fitted
TO prevent any successful attempt to reform
abuses OF the judiciary. because IL gave the
champions of the unjust Judge their eagerly
desired opportunity to shift their ground
into championship of lust judges who
were unjustly assailed. last year. before
these same leaders formulated their de.
mands. specifying the bill that contained
them. refusing 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 a property right. and spe-
cihcally provided that the right to carry
on business should not be construed as a
their bill made legal In labor dispute
any act or agreement by or between two
or more persons that would not have been
unlawful e done BY single, person; In
aud boycottlng In every form. lcgalizi ing.
for Instance. those forms of the secondary
boycott which the anthracite coal strike
commission so unreservedly condemned /;
while the right TO carry on a business was
explicitly taken out from under that pro.
lection which the law throws over proper.
ty. The demand was made that there
should BE- trial by jury In contempt cases,
thority Of the courts. All this represented
a course Of policy which. II carried out,
would mean the enforcement Of class priv.
ilegc 10 Its crudest and most brutal form,
and the destruction Of one of the most
essential functions Of the judiciary In oil
civilized lands.
The violence Of the crusade for this legis.
iation. and Its complete failure. illustrate
two truths which II IL essential our people
should learn. In the first place. they ought
to teach the wOrkingman. the laborer. the
wageworker. that by demanding what Is
improper and impossible he plays into the
n NIL a osxI oil.
ciotis attack upon the courts, even II It were
temporarily successful. would inevitably In
the end cause violent reaction and would
band the great mass OF citizens together,
competent and Incompetent alike, rather
than to see the wheels Of Justice stopped.
movement Of this kind can ultimately re.
suit In nothing hut damage to those In
whose behalf II Is nominaiiy undertaken.
The wageworkcrs, the workingmen. the
laboring men of the country by the way In
which they repudlatcd the effort to get
them to cast their votes In response to an
appeal to class hatred. have emphasized
their sound patriotism and Americanisni.
The whole country has cause to feel pride
In this attitude OF sturdy independence. In
this uncompromising insistcncc upon acting
simply M good citizens. as good Americans,
without regard to fnncied--and improper
class interests. Such an attitude IL an oh.
lcct lesson In good citizenship to the en-.
tire nation.
hut the extreme rcactionaries, the per.
sons who bind themselves to the wrongs
now and then committed by the courts on
inboring men. should also think seriously
az TO what such movement as this por.
tends. The Judges who have shown them
selves able and willing effectively TO check
the dishonest activity Of the very rich mar
who works inipuity by the misInanagcmcni
selves alert TO do Justice TO the wagcW Ork
or. and sympathetic with the needs of the
mass Of our people. so that the dweller In
the tenement houses. the man who prac
tees a dangerous trade. the man who !,
crushed by excessive hours of labor. feel
that their needs are understood by tn,
courts-these Judges are the real bulwarL
the stamp Of the President elect. who hav,
been fearless In opposing labor when II
has gone wrong. but fearless also In hold
Ing to strict account corporations that wori
the worklngman gets his rights. are tn,
men OF Nil others to whom We owe II thu,
the appeal for such violent and mistaken
legislation has fallen on deaf ears. that thu
out substantial basis. The courts ar,
jcopardcd primarily by the action OF thcs,
Federal ana state Judges who show In
ability or unwillingness to put a stop Il
modern Industrial conditions. and inabilit,
or unwillingncss to give relief to men o.
small means or wagewOrkcrs who arr
crushed down by these. modern industrial
understand and apply the needed rcmedlc
for the now wrongs produced by the new
and highly complex social and industrial
civilization which has grown up In thu
There are certain decisions by vnriou
courts which have been exceedingly detrl
mental TO the rights OF wageworkcrs. TIL
Is true Of nll the decisions that decide tina
men and women are, by the constitution
guaranteed their liberty" to contract I,
enter a dangerous occupation. or to wor
an undesirable or Improper number o
hours, or to work In unhealthy surround
lngs: and therefore cannot recover dam
ages when malmcd In that occupation. an
cannot be forbidden to work what the lag
lslnturc decides Is an excessive numbc
conditions which tho Legislature decide
to he unhealthy. Decisions such n thes
alluded to above nullify the legislatlv
effort to protect the wngcworkers who mos
need protection from those employers VIII
There Is also. ! think, ground for the be
lief that substantial Injustice IL often SUI
fercd by employees In consequence of tn
custom OF courts issuing temporary tnjunt
Ing them for contempt OF court In Instance
where. as u matter OF fact, they have n
knowledge OF any proceedings Outside q
| organized labor there IL a widespread fee
Ing that this system often works great Ia
| Justice to wageworkers when their effort
to better their working conditions result !
Industrial disputes. A temporary inJunctio
| procured ex parte may as a matter of fac
have all the effect OF a permanent injun,
ton IN causing disaster to the wagewOrl
| ers side In such dispute. Organized labo
I IL chatting under the unjust restraint while
| comes from repeated resort to this plan Z
| procedure. Its discomfort has been unwis'
| ly expressed, and often improperly g,
| pressed, but there IL u sound basis for 1
and the orderly and law-abidlng people Of
| community would he In u far stronger pos
tion for upholdins the courts II the VI
doubtedly existing abuses could be provide
| against
Such proposals as those mentioned aboy
as advocated by the extreme labor leader
contain the Vital error OF being class legi
lation of the most offensive kind and eve
would rightly be held unconstitutiona
Moreover, the labor people are themselvt
now beginning to Invoke the use of Il
| power of injunction. During the last to
least nifty injunctions have been o6tainc
by labor unions In New York city al0n
most OF them being to protect the unto
label "a property right, but some beir
obtained for other reasons against emplo
ers. Tho power OF Injunction IL a gre,
count be destroyed. But safeguards shou
be erected against Its abuse. l believe tn,
some such provisions as those ! adyocat.
a year ago for checking the abuse of Il
issuance of temporary injunctions should
adopted,
The chief lawmakers In our country ms
be, ana often are, the Judges, because tn,
are the final seat OF authority Every tin
they interpret contract, property. vest'
rights, due process of law, liberty, thu
necessarily enact into law parts of u sy
TEN of social philosophy and as such
depreciation Is Fundamental, they give {
rccti0n to all law-making. The decision
| OF the courts on economic and social que
| IN :