The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1909-08-19

pication of the ordinary law of tres
pass was not sufficient. The process was
too difficult, too slow, and would open up
many inconvenient questions as to what
constitutes trcSpasS. An in junction was
secured from judge against trcspass
who lent himself to the undertaking.
The officers of the law have now only to
arrest those found on the land under dis
pute and bring them before the Judge.
The adjudication, condemnation and pun
ishmcnt follow at once. There is no trial
by jury, no discussion and public dis
turbance. Here have quick, arbitrary
power, and the germs also OF misunder-
standing, resistance and feud. The tres
passers, impatient of any restraint, put
themselves by 4 process of reasoning in
opposition to what seems to them an arbi-
trary use of law and expose themselves
to arrest and punishment. Unable to
fight their battle in the open day. they
do it in the night; unable to meet the
forms of law with forms of law, they
push aside law and bctakc themselves to
violence. Treated uujustly, they quickly
lose all show of justice Outrage and
murder follow. Under little moral and
less legal restraint, they pass from hatred
TO hatred, from injury to injury, and
minglc all the passions and vices of an
ill-traincd community in one disastrous
! result from which there is no exit save
by the extreme penalty of the law. Yet
in part the responsibility of this pressure
put upon the criminal law lies with those
who undertook to hasten and abridge the
law III behalf of their own interests.
While the poorest law is better than no
law. the law is not likely to be recognized
| in its remedial power save as united with
| those slow methods and formal safe
guards which it itself has established as
| the proper mode of procedure. If law
is to become the center of good order, it
not only must be good law, but law fit
tingly administered. The method of ad-
ministration is as important as the law it
self. Good laws may be tyrannically APP
piled, and poor law may pass muster by
| wisdom in its use. \ law suit, tedious.
| expensive, passionate, is by no means as
| disastrous as violence. The discussions,
| exposures and declarations of rghtful-
ness. which attend on a fair trial, cool
| anger, instruct the community and leave
the defeated party with reduced opportu-
nifty and motive for farther resistance.
| On the other hand, violence inflames pas
sion, blinds the judgment and confirms
| both parties in their mischevious purpose
y conflict between persons soon comes to
penetrate the community. No discussion
| presentation and settlement are more
public and useful than those of the court
| 1rl, l, ,f h., 81
turc. While a Jury is often i very un,
| certain and awkward tribunal for the
/ quiet and speedy settlement of "A dispute
| it is still important instrument in
| soothing and instructing the popular
| mind, and leading it to more calm and
rational conclusions. An injunction that
| transfers this settlement from the court
room to the speedy and unexplained ac
tion of executive officers may have the
merit of ease, but is iminently fitted tc
| provoke that resistance which inflicts {
terrible wound on the peace and goodwill
| of a community. The police club i:
matched with the club, and quiet is secur
ed only by feeling the offending party
to the ground.
1t is not strange that when England
is climbing down from her high ladder
of privilege, and has nearly reached the
ground, we scrambling forward tc
climb up by the same ladder to our fool ;:
paradise. Nor is this the only exampl'
of a like Hberalizing movement in Eng
land. and Il movement backward rathe
than forward the part of the United
States. England has become more con
siderate of trades unions than we har'
been. The eager, money making tempe
! has made US impatient. of any actor
that seemed to balk it. No man shoul'