The labor world. [volume] (Duluth, Minn.) 1896-current, 1909-06-19

the claims that may arise. But the
incorporation OF these provisions into
a law that will work no iniquity and
be satisfactory to all the interests in
volved, including those Of the state
and the people, will be work of
very great difficulty, and the COM
mission will need all the help it can
get from every available source.
Advisory Committee.
The Governor Of the state has done
me the honor to name me as the rep
cesentative of labor on this commits
sion. But I feel that the interests to
be cared for are too numerous and
varied for any one man to assume the
whole responsibility in reference to
them. And I therefore urgently re-
quest the convention to appoint an
advisory committee of sufficient size
to include representatives of all the
crafts composing this gathering, say
one of twenty-five members, the duty
Of the committee being especially to
look after the interests of all branch
es of labor before the commission and
to see that they are fully and prop
erly provided for in the bill.
Tendency of the Courts.
l have pointed out some of the
sources Of strength for our movement
and dwelt at length on a great stride
III the way of progress toward a sat-
lsfactory removal of at least one of the
most fruitful and disastrous evils that
afflicted 1t, And here I should stop
if ] did not feel intensely that even a
cursory review Of the situation would
be incomplete unless it contained
growing danger which threatens the
perpetuity and very existence of trade
unionism. This is not the bitter, the
unreasonable, the unremitting hostil-
1ty of the plutocratic employing class
to everything that organized labor
asks for and is seeking to secure. For
that opposition, like the poor, will al
ways present, and it is always ag-
gressive, arrogant and resourcetul.
We have boldly met this enemy and
proved his brand" We have measur-
ed swords with him on the open field
OF carnage and countered: all his in
citadel. We know his. methods and
the measure of his strength, and we
are prepared to meet them.
The gigantic and growing danger to
our movement to which I allude is the
tendency Of the courts in our day and
their open stand as allies Of this old
time enemy of our cause The one
great objection of Thomas jefferson
to the constitution of the. United
States, wnen it was submitted to the
states for ratification, was the exec
utlve appointment and life tenure of
the federal judiciary which put the
Judges above the reach of the people
and gave them almost absolute i'm
munity from punishment for abuses
of their exalted and practically limit
less power. He said in substance that
without more specific restraints than
the constitution as written placed
around them, the federal Judges would
become a band of sappers and miners,
which would, in time, undermine our
organic law and overthrow the gov
eminent.
Courts Against Labor.
If ever the provision of philosopher
o. sage has been sustained and justi-
fled by subsequent events that of JEFF
fe1son In this instance has been by
the attitude of the courts toward or
ganized labor, at this by steady adj
vances, by slow accretions, by con-
slant assumptions of authority. the
federal courts of this country have
raised themselves in consequence and
power until they have taken upon
themselves both legislative and exec
ut1ve functions and we find ourselves
under the government Of judge-made
law, which overrtdes all our inherited
traditions, all democratic theories and
all written statutes This is all the
more invulnerable because those who
make It are entirely relieved from the
responsibility accounting for their
acts to the people, the masses whom
enose acts Cypress and In many cases
prosecute.
S~%@
several drastic and almost ruinous
decisions againts the United Hatter's
OF North America which involved .prac-
t1cal conf1scatfon of property without
due process Of law, the conviction anil
sentence of Samuel Gompers, John
Mitchell and Frank Morrison. honored
leaders of the labor movement. men
who have violated no, law and COM
mitted no offense against the peace.
government and dignity of the coun-
try, which involved the right of free
American citizens to speak and write
as they deemed it their duty to in
behalf of the common veal; and manv
other cases of similar import, and Of
greater or less moment, are fresh in
your minds.
'D-'. State Courts Affected. "a
One Of the worst stages of this sit.
uation is that, like all other baneful
influences, this tendency of the fed
eral Judiciary is contagious. and in
many instances state courts have been
affected by it. Happily in our own
state, the poison has not worked as
yet This is proven by our supreme
courts recent decision which declares
that. in Minnesota at least, labor un-
ions are not trusts, and that "combi-
nations to fix and regulate the prices
which shall be charged for wages and
other forms Of personal service are
NOT within the prohibition of our
statute. Labor, whether physical, in
teAectual or q ombination Of the two.
Is not by any fair rule. OF CONSTRUCT
ton an article of trade, manufacture
or use or an article, commodity .orl
utility wit hin the meaning of those