Fort Pierce news. (Fort Pierce, Fla.) 190?-1920, 1908-12-11
Recommendations TO
House and Senate
President Says Sherman Anti Trust Law
Should be Amended.


There Is also, think, ground for
the belief that substantial injustice IL
often suffered by employees In conse-
quence Of the custom Of courts issu.
ing temporary inJunchons without mo-
tice to them and Furnishing them for
contempt Of court In instances where,
as a matter Of fact they, have no
knowledge Of any proceedings. Pro-
vision should be made that no injunc-
ton or temporary restraining order
issue otherwise than on notice, except
where irreparable injury would other
wise result, and IN such case a hear
ing on the merits Of the order should
be had within a, short fixed period,
and IL not then continued after hear
ing 1t should forthwith lapse. Deci-
'slOns should be rendered Immediately
and the chance Of delay minlmized in
every way.
The courts are to be highly COM
mended and stanchly upheld when
they set their faces against wrong
doing or tyranny by a majority, but
they are to be blamed when they
fail to recognize under government
like ours the deliberate Judgment OF
the majority as to matter of legiti-
mate policy when duly expressed by
the Legislature. The people should
not be permitted to pardon eyil and
siipshod legislation on the theory that
the court win set 1t right. They should
be taught that the right way to get rid
of bad law Is to have the legislature
repeal 1t and not to have the courts by
Ingenious hair splitting nullify It.
People Themselves TO Blame.
For many of the shortcomings OF
Justice IN our country our people as
whole are themselves to blame, and the
judges and juries merely bear their
share together with the public as
whole 1t Is dlscredltable to us as a
people that there should be difficulty
In convictlng murderers or in bringing
to justice men who as public servants
have been guilty Of corruption or who
have profited by the corruption Of pub
lie servants.
The huge wealth that has been ac-
cumulated by few individuals of re-
cent years, in what has amounted to
social and industrial revolution. has
been as regards some Of these individ-
uals made possible only by the improp-
err use Of the modern corporation. Cor
porations are necessary instruments Of
modern business. They have been per-
mitted to become a menace largely be-
cause the governmental representatives
OF the people have worked slowly In
providing for adequate control over
them. sa'fSe
Real damage has been done by the
manifold and conflicting interpreta-
lions Of the interstate commerce law.
Control over the great corporations do
ing interstate business can be effective
only II It is vested with full power In
an administrative department, a branch
of the federal executive, carrying out
federal law. 1t can never be eff
fectiye II a divided responsibility Is
left IN both the states and the nation.
It can never be effective II left In the
hands of the courts to be decided by
lawsuits.
The courts hold place Of peculiar
and deserved sanctity under our form
Of government. Respect for the law Is
essential to the permanence Of our In
situations, and respect for the law is
largely conditioned upon respect for
the courts. But we must face the fact
that there are wise and unwise judges,
lust as there are wise and unwise ex-
ecutiyes and legislators. When a
president or governor behaves improp-
erly or unwisely the remedy Is easy.
for his term is short The same is
true with the legislator, although not
to the same degree. With a judge
who. being human, is also likely to
err. but whose tenure is for life, there
is no similar way OF holding him to
responsibility. Under ordinary condi-
lions the only forms Of pressure to
which be Is IN any way amenable are
public opinion and the action OF his
fellow Judges. 1t is the last which Is
most Immediately effective and to
which we should look for the reform
Of abuses.
Forests.
II there ie anE.Vns dutz. which more