The labor world. [volume] (Duluth, Minn.) 1896-current, 1908-11-14
Simply Insists Upon Fundamental
Rights Guaranteed BY . 81
i. .....ss Our Laws,
FAIR TRIAL UNDER THE s.
DUE RoCEssEs OF Law
Right Of Trial By Jury Before
Imprisonment for
Offenses. .s#5 ..#S

not be sent to jail for alleged contempt
Of, court except upon fair trial had
before a jury, are asking for what. is
and has been an established principle
among all English-speak king people for
centuries past. That the writ OF In
junction may be- and has been made
a writ Of oppression in very many in-S
stances is known by all men and was
admitted by Taft: In his letter Of ac-
ceptance. ..A-55s - = sE< EsSs
>''-,' y A Wrong Practice. ~ .:s..
The practice If it issuing without
notice Is fundamentally wrong. That,
to our mind, Is strange doctrine In
Anglo-Saxon jurisprudence. No mon
arch, no parliament, no tribunal OF
Western Europe for centuries has pre-
tended to have the right to punish
except after due trial under all the
form Of law. Can that rightfully be-
done nno other basis than the judges
personal belief-that the party marked
by him for punishment deserves pun
jshment? II SO, it is because the man
who happens to be the judge is above
the law. = i&.2 r.
: i Fundamental Rights. Dig:
We live under guaranty that
reaches back to the beginning Of all
law and Is securely planted In every
coDstitution Of civilized government,
that no one shall be punished until he
has been heard; and above this funda-s
mental guaranty there can be set no
higher prerogative for let it once come
to pass that under stress Of enforcing
commercial equality any power In the
government may override the funda-
mental human right Of being judged
only after having been duly tried-a
right pjust as essential to them in the
associated relationship Of the corpora
tfon as to men In the relationship gof
copartners, -Hor to men indtYidlIaaIy-
there viii remain no commerce. worth.
the name to- safeguard The begin
ming Of commerce. fc- sonstl utionai
government and: the foundation OF CON
stitutionality government Is the faith
that every guaranty OF our institutions.
no matter what the provocation, will
be sacredly observed" T. ,s.sg5.7. .s.zg5=;zS
- - Words Of Great Judge.
The words Of the last paragraph are
not the iIl-considered words of the inn
petuous Roosevelt demanding Of a.
Republican congress fair play for
labor; this is not the pleading Of
Samuel Gompers before q Republican
national convention that it give out:
some word Of hope to organized labor
that it's constitutional rights will here
after be observed. No these are the
words Of a great judge giving his rea
son why the greatest flne in the his
tor yof courts should be set aside be-
cause Of the alleged violation Of
fundamental principle Of all law; that
no man should be tried much less con-
demned, except upon notice first had.
II this practice be not In accord with
the thetory and practice of centuries
OF Angle-Saxon Jurisprudence when
applied to the richest corporation OF
the world without its day, In court, =
why is it ''assailing the integrity Of the
courts" to demand notice first served
before iniuncttons are granted against
the right Of free speech? and the right
Of trial by jury before imprisonment
for alleged contempt Of the injunctiong
In this country and at this age the
law for all and all tor the law, equally
should be our realized ideal. President
Roosevelt was right in asking OF the
Republican congress for such legisla-s
ton as would prevent this abuse and
the Republican congress and national
convention by refusing his reasonable
demands and the reasonable requests
OF organized labor have been derelict
in duty. Let ,us hope the next con-
gress will do better.