The labor world. [volume] (Duluth, Minn.) 1896-current, 1909-01-30
ought to be criticised ?"

here very carefully to the factstin dis
cussing or criticising the decisions Of
a judge. There is no objection II they
adhere to the strict facts" KS. .1 49,
Anarchy to Criticize System. .
G. But suppose objection is
made to the system?" -.
! =, A.-"That is to advocate anarchy
It. is better that we should have
courts, and the courts must be upheld
We have to deal vita conditions as
they are. You can't achieve the ideal
There are bound to be imperfectioas.
1t is better to obey the law ana to
submit to the orders of a court, than
to become lawless. It is impossible to
haveaa perfect system. Somebody will
always suffer injustice. Sonnebody.
has got to be ground in the n,iII.",
Q."How about amendments in the
Ilaw-changes in the constitution? Do
you, for instance, favor an amendment
or repeal of this Sherman law which
has helped to send these labor people
to jail?'' -
At can't say that I do. But it
must not suggest or critise the legis-
lative branch
| Q.-Have any men connected with
wealthy. corpora tions been sent to Jail
by this contempt process for VIOLA
tions Of the Sherman law?"
A.-'.Not that have heard of. But
have not heard Of any being
brought before a court on such
charge"
Q.-'Were not the Chicago packers
put under a blanket injunction by At
torney General Knox? And have they
not been shown to have violated that
injunction by the actions; brought by
Attorneys General Moody and Bona
parte under the criminal statutes?"
A-"Ihat 10 no business Of mine"
| How About Judge-Made Laws7
touched on the usurpation of
authority by the federal judiciary. In
a recent book, entitled, 1.-THE Spirit
Of the American Government" by J.
Allen Smith, OF Washington State uni
versity, it is declared that the enlarg-
ment Of the injunction powers by the
| federal courts has resulted in what
amounts to the enactment of new
laws by the judges-laws which they
enforce as well as enact.
"There has been no enlargement Of
the contempt process" said Judge
Wright. 1.-THE law in this subject is
just what it was when it originated in
the common law Of England"
Il will not undertake to quote what
| Justice Wright had to say about the
| rights of property. He. talked much
on this topic. The sacredness of the
| property right is what results in max
a crime Of ordinary lawful acts when
! the federal judiciary has stretched out
Its arm to protect property.
| but how about individual liberty 3?
How about the co,1sti titutipnal eg1,ar-
lantee Of freedom OF speech and tho
press? ?? asked '',S''-f",<
"'The constitution does not guar
antee any right Of freedom of speech
or the press" replied Justice Wright.
THAT is a. mistake. All the constitu-
! tion does is to put limitations on con-
gress, saying that freedom of speech.
ETC., shall not be abridged by any act
! Of congress. That provision is a
check on the national legislature, not
guarantee to the person. The power
! remains In the states. If the states
| want to check the freedam of speech
! or the press, they can do So"
Government by Injunction.
Q.-The federal court is superior to
congress?
A. - Naturally; since we declare
! acts Of congress unconstitutional.
Q.-And in the administration Of it's
| contempt process is superior to and
free from the interference of the par
doning power Of the chief executive?
A.-Of that we were not going to
speak.
Q:-How about government by in
injunction?
| A.-All nonsense. q
! Q.-Are you not afraid that judi
| cial usurpation along these lines will
result In such a. popular feeling that
laws will result placing restrictions
on the federal courts?
.A.-There is no popular sentiment
! of that sort.
| aQ.-Was there not, in 1906, when
the Chicago platform included resolu-
tions on this subject, and particularly
criticised. the supreme court?
! A.-That was not really represents
| ~S'No oI any PUBIC 8enlttnonS
! Q.-Do you think the opinion of a
majority of the people should be ef-
fective In the affairs Of government?
! A.-Oh; yes, If there is really a
public sentiment - something that
represents a great majority of the
people-then it ought to be considered.
| sQ.-"IIf an order Of federal court
infrtnges a personal, right guaranteed
under the constitution, does the citi-
zen have to obey it?" a:.~
A.-"An order Of 4 federal court,
with proper 1jurisdiction, and with the
parties properly before tho court, is
the law Of the land for those parties"
| tQ.-"But an attempt by congress to
pass an unconstitutional law is void;
it is void from the moment of its pas
sage, and withou regard to whether it
has been passed upon by tne SUI
preme court ?' .. - - ;
! A-""That is difference between
congress and a federal court. The
order OF the subsidiary federal court
is the law of the land until it is
l SQt Qsi,1a nv tho SvInrov,on oo,,rf