The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1909-03-04
LABOR RUI ED BY
JUDGE MADE LAW
Judges Have Taken Into Their Own Hands
the Power to Make Laws Where
Labor is Concerned.

The question at issue in the case
ofGompers, Mitchell, and Morrison
IS not just the question whether or
not these three men shall go to
jail. Even if that were all, it
would be an important question.
for these men, in the particular
acts for which it is sought to
punish them, have but acted in
accordance with the desires of the
whole body cf organized working
people of the United States; and it
would therefore be the duty of the
whole body of organized labor and
all Its sincere SympathiZCrS to
stand by them, even though their
imprisonment would mean nothing
but personal injury to these thre
men themselves.
But, in fact, it means much
more than that. In fact, two
much bigger issues are at stake.
First: GomperS, Mitchell. and
Morrison have not been tried and
convicted and sentenced for the
violation of any law enacted by
the representatives chosen by the
people under the terms OF the
Constitution, for the specific pur-
pose OF making the laws by which
all must be governed. Their
punishment is sought, not for the
violation of any real law of the
United States or of any state, but
| fer disobeying an order issued bv
an appointed and practically ire
sponslble official called a judge,
forbldding them to do things
which no law sanctioned by the
voters and their legislative re.
preSentaCives has ever pcnnlized
Partly under the forms of the
Constitution and partly by an in :
sIdlouS process of uSurpation which
the Trainers of the Constitution
could hardly have forcseen. The
Judges have taken into their own
hands the power to make laws
without consulting the people or
| their representatives; to make
penal laws, forbidding acts which
the people and their representatives
have not seen fit to forbid, and
imposing penalties therefore: to
make special penal laws, applying
to certain persons and certain
cases, not to all persons and all
cases alike; To enforce these
laws by arbitrary processes.
quite different from the pro
cesseS provided for the enforce
ment of ordinary general laws; and
to deprive persons accused under
them of the safeguards against op-
preSsive prosecution and false con.
vi of hInh l..
fit to provide for all persons ac-
cused under the ordinary general
laws enacted by the peoples
elected representatives.
If the order of the court is car
ried out, if Gompers and Mitchell
and Morrison are sent to prison
under the sentence. it will be a
triumph for judicial usurpation of
| legislative and executive power,
an Infringement of the fundamen
tai principles of political liberty and
of civil justice.
Second: These three men has
not been tried and convicted fol
having killed or assaulted o,
maligned persons nor even for
destroying or stealing property not
belonging to them. If they had
committed any of these ofenses
the working class would have
much less reason or inclination tc
defend them, and the capitalist
class would care much less about
| getting them convicted and punish
ed The capitalists expect men t.
commit THEFT and arson and Iibe
and assault and murder; as a class
they are not much troubled iabou
these things; pretty often the,
commit these crimes i'll the courS
of their business: on genera
principles, they seek to punisl
such crimcS-at least. when corn
mitted by anyone outside thei
class; but murder more or less. o,
even an unpunished murder more o
less. is not a matter of much concerr
TO them. The act which Gompers
Mitchell. and Morrison committed
is quite different SORT of thing-ant
much more serious thing in th
ewes of tile c3rIjtaljSt class TbaS,