The labor world. [volume] (Duluth, Minn.) 1896-current, 1909-01-02
THE CONTEMPT DECISION.

handed down by Justice Wright OPP
Grated as a severe shock to our old
time reverence for court decisions.
We are sorry he made it, If for
no other reason, than that we would
much prefer to have our confidence
in the fairness and justice of our
courts continue unimpaired.
To be sure the history of judicial
proceedings in other countries shows
that judges are but men, who in
all ages have shown that they pos
sessed at all times full share, and
often more than their share, OF
frailty. In the language Of one
of America great senators Of other
days:
The worst crimes of history
have been perpetuated under their
sanction. The blood of martyrs and
of patriots, crying from the ground,
summons them to judgment"
There is no class of people on
the face of the earth that has had
more respect for courts than the
American people; and if there be
any waning of that respect today
the fault is with the courts and
not with the people.
Today the conviction forces itself
upon very sober minded men, that
there are two brands OF justice in
our country, and that this dangerous
condition is due to the action of
courts in usurping powers that
neither our constitution nor our.
laws confer upon them.
Here lis an illustration Of the
two brands sot justbcs:ta g.
A man named Joseph A. Wilmer
was placed on the blacklist Of The
manufacturing c1othiers for too great
activity in behalf of his unioa.. He
was unable to obtain employment,
and the Garment Workers union
sued the firm of Harris Silyerman
& Sons for $4,000 damages. The
case: came UP in the court, and the
union showed that the letter had
been sent to all members of the
Manufacturers Association.
The firm admitted that the letter
had been sent, thus showing the
Conspiracy that Judge Wright
makes 50 much of in this contempt
case. But what was the decision
of the court? Simply this: That the
plaintiffs did not show that the
men who received the letter were
in any manner influenced by its
contents.
That was the rule enforced when
the unions had the burden Of proof
in case against the boycotting
manufacturers; but when the rela-
tfon OF parties is reversed the man
ufaoturers are not required to show
that any one was influenced by any
Of the circulars or utterances of the
Federationists, or that any one re-
Trained from buying Buck Stoves
on account of anything said or done
by the defendants or either Of them.
Could there possibly be clearer
case of making fish of one and
flesh OF another" in judicial inter-
probation? II the courts desire to
retain the confidence and respect
of the American people they must
see to it that they are worthy OF it..
Reverence founded on snpersti-
ton will no longer uphold the dig
nifty OF courts nor command popu-
lar esteem. When judge hands
down decision the language of
which plainly points out that it is
as malevolent in design as it is
unsound in reasoning and cppres-
sive In execution-therei Is no theory
OF law, morals or ethics that makes
it Incumbent upon a free born
American citizen to submit to It
without protest.
OF course we do not believe that
! Gompers, Mitchell or Morrison shall
ever 90 to JAIL. and It is we'll that
they shall not, for their having to
do so would be calamity second
to none in the industrial history
OF this nation. These men are the
head and front OF q movement that
numbers millions in It's ranks, and
the moral effect on those members
would be something no ono could
calculate. 49,. <<.,s,. 4.>T ri l.. g.:
4 Viewed dispassionately, the. .deci-
sion OF Judge Wright in language,
q purpose, intent and effect, caa1not
!. appear to US IN other light than al
clear case Of judicial oppression.