The midland journal. (Rising Sun, Md.) 1885-1947, 1908-12-11

carry on business WAS explicitly
taken out from under that protection
which the law throws over property.
The demand was made that there
should be trial by jury in contempt
cases, thereby most seriously. impair
ing the authority ofsfHe courts. All
this represented ca course of policy
which, il carried out SNduld mean tiae
enthronement,o OF class privilege IN its
crudest and most brutal form, aud the;
destruction of one of the most essen
tial function of the Judiciary in all
civilized lands.
The wageworkers, the workingmen,
the laboring men of the country by
the way in which they repudiated the
effort to get them to cast their votes
in response to an appeal to class l1a-
tired. have emphasized their sound
patriotism and Americanism. The
whole country has cause to feel pride
in this attitude of sturdy indeDend-
ence, in this uncompromising Insist
ence upon acting simply as good citi-
zens, as good Americans, without re-
gard tofancied and improper class
interests. Such an attitude is an OBJ
ject lesson in good citizenship 10 The
entire nation.
But the extreme reactionaries, the
persons who blind themselves to the
wrongs now and then committed by
the courts on laboring men, should
also think seriously as to what such
a movement as this portends. The
judges who have shown themselves
able and willing effectively to check
the dishonest activity of the very rich
man who works iniQuity by the mis-
management of corporations, vino
have shown themselves alert to do
Justice to the wageworker, and sym
pathetic with the needs of the mass
of our people, SO that the dweller in
the tenement houses, the man who
practices dangerous trade, the man
who is crushed by excessive hours of
labor, feel that their needs are under
stood by the courts these judges are
the real bulwark of the courts; these
judges, the judges of the stamp of
the President-elect, who have been
fearless in opposing labor when it has
gone wrong, but fearless also in hold
ing to strict account corporations that
work iniquity, and far sighted In see
ing that the workingm gets hisrights,
are the men of all others to whom
we owe 1t that the appeal for such
violent and mistaken legislation has
fallen on deaf ears, that the agitation
for its passage proved to be without
substantial basis. The courts are
jeoparded primarily by the action of
these Federal and State Judges who
show inability or unwillingness to
put a stop to the wrongdoing or very
rich men under modern Industrial
and inability or unwilling
ness to give relief to men of small
means or wageworkers who are
crushed down by these modern indus
trial conditions; who, in other words,
fail to understand and apply the
needed remedies for the new wrongs
produced by the new and highly COM
pick social and Industrial civilization
which has grown up in the last half
century
There are certain decisions by va
rfous courts which have been exceed
fngly detrimental to the rights. of
This is true of all the
decisions that decide that men and
women are, by the Constitution,
guaranteed their liberty" to con-
tract to enter dangerous occupation,
Or to- work an undesirable or impro-
per number Of hours, or to work in
surroundings, and there
fore can not recover damages when
manned in that occupation, and can
not be forbidden to work what
The Legislature decides is an excessive
number of hours, or to carry on the
work under conditions which the
legislature decides to be unhealthy.
There is also, think, ground for
the belief that substantial Injustice is
often suffered by employees In conse-
uuence Of the custom of courts issu-
Ing temporary fnJunctions without
notice to them, and Furnishing them
for contempt of court I'm instances
where, as a matter of fact, they have
no knowledge of any proceedings.
Outside of organized labor there is
feeling that this system
often works great Injustice to wage
workers when their efforts to better
heir working condition results In in-
dustrial disputes. A temporary In
junction procured ex parte may as
matter of fact have all the effect OF 4
permanent Injunction in causing dis
aster to the wageworkers' side in
such dispute. Organized labor is
chatting under the unjust restraint
which comes from repeated resort to
this plan of procedure. Its discomfort
has been unwisely expressed. and Of
ten improperly expressed, but there
Is sound basis for it, and the orderly
and law abiding people of commu-
nifty would be In far stronger posi-
ton for unfolding the courts IL the
existing abuses could be
provided against.
Tho power of injunction Is a great
equitable remedy, which should on no
account be destroyed. But safeguards
should be erected against its abuse.
For many of the shortcomings of
justice In. our country our people as
are themselves to blame, and
the judges and juries merely bear
their share together with the public
as a whole. 1t is discreditable to us
as people that there should be DIM
Guilty in convicting murderers, or in
bringing to justice men who as pub
lie servants, have been guilty of cor