The labor world. [volume] (Duluth, Minn.) 1896-current, 1909-02-06
Professor Monaghan, of Buffalo,
Advances Strong Reasons
Against the Decision.
NOTHING BUT MALICE
IN SENTENCE IMPOSED
Great Error Of Applying Severity
Where Sound Judgment
Demanded Leniency.

BUFFALO, Feb. 4.-Professor James
c. Monaghan, interviewed by a repre-
sentative of the Catholic Union and
Times, in regard to the decision Of
Judge Wright in the contempt pro-
ceedings against Gompers, Mitchell
and Morrison, had this to say:
'"The problem presented has deeper
depths than a surface view affords.
If our people are wise they will take
deep soundings. In the first place the
decision contravenes, or, let us say,
seems to contravene the constitutional
provisions favoring freedom Of speech.
Hence, in my opinion, the decision Of
the lower court will be reversed by
the higher court just as soon as an
effective hearing and weighing Of evil
dence is over. I look for an unani-
nous decision against Judge Wright.
Ugly Feature Of Decision.
There is an evil, or an ugly feature
about Judge Wrights decision, one to
be very much deplored. It is his
application of severity where mild
ness would have been by far the best
measure. Just at this time, a fine
or a short period Of Imprisonment,
enough to vindicate the courts power,
would have met with approval, where
as the present decision meets with al
most universal popular condemnation,
and only hesltating endorsement from
those it was expected to aid. Manu-
fac+orer:. in tn face Of an unpre-
cedented era Of prosperity, cannot
afford to have their relations with
labor strained beyond the point where
the leaders on both sides. believe,
with Mitchell, that their interests are
mutual.
. Judge Wright's Malice.
1T is hard to make the ordinary
individual, the man in the street, say,
see anything but, malice in the long
sentence inflicted. AS a Judge Mr..
Wright should be familiar with the
legislation Of, the country affecting
contempt ceases. He must have known
vphat ssraaactfnnz1a.i ia, in: the, leading
states of the Union and, II he did
not know it Was well worth his while
If it wasn't his duty, to look the
matter up.
1T will be hard for the entire coun-
try to conceal its contempt for his
court. This is not justifying law
breaking. I believe in injunction; ]
believe in obedience to the law. II
the law is bad it ought to be repealed:
but until it is repealed it should be
obeyed.
Election of Judges.
"Just here question comes up that
is worthy Of good deal Of thought
Ought not our judges be elected by
the people? Would not there be less
danger than there is now of just such
decisions? II
IF judge has been reared in lux
| ury, has hognobbed all his life with
the so-called higher classes, has neve,
seen life as it Is lived in the mine
| on the farm, in the forest and factory
but has always viewed it from the
| financier's office, has been dined AMI
wined by the rich, rubs elbows against
the big merchants, manufacturers and
moneyed men, will not ne run the
risk of being a bit biased in their
favor Of the representatives of labor
1t seems to me that he will. I may
be mistaken. I hope am; but humar
nature being what it is, what more
natural for a Judge of the kind under
consideration. to lean some, little
bit, if you will, but to lean towards
the side suggested.
"Gompers, John Mitchell and Morri-
| son In tail w:i' do more to destroy
| what decent men like George Gray, a
great Judge, have been trying to build
up-better feelings, based upon bette,
understandings between capital AMI
labor"