The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-10-31

N III III IAAo ~ AANo
for general consideration a counter
call. He cannot condense it in an
other three words. His esponse To
the implied criticism addressed him
might properly begin with some in
ouiry as to what class in society hab-
itualIy shows more respect than his
own for the judiciary as an inStltll-
tlon. DO the politicians, for instance?
DO the captains Of Industry tie
believes that in their sphere judges
ought to be experts and accordingly
hppreciated. He understands that
order. that prime essential to society,
depends largely on obedience to the
bench. He knows that as the law IS,
SO society is and vice versa, ana En;1t
accordingly as the law is we'll CT bad
" administered SO much the better or
the worse for all classes, including
the wage-wOrkers. To these fam1llar
commonplace generalities he assents,
without argument.
But. is it the duty of the working
man so to reverence the courts tnal
he should regard their decisions as
above the range of his discussion?
should he maintain and express no
Judgment of his own on his constltu-
fional or inherent rights:
Queries such as these might appear
absurd were it not that inexperienced
persons often make a show OF indi3-
nation when told that the decision ot
any court is to be opposed. "Wh ola
you not obey the court and so avoid
making yourself liable to a Jail SEN
tence % was in substance asked by a
woman in an audience which had
been addressed by Inc on some
phases of labor's rights. Apparently
she regarded questioning any courts
conclusions as disobedience to the law
or at least evidence Of a laWless SPIT
it. She had given no weight to the
one important fact that an appear
through legal form is a justifiable OPP
position to a court possibly IN error.
She had not understood that contest
ing a lower courts decision clear up
to the highest court, especially in, a
case involving a constitutional right,
or a legal point not fully sett'eo'
might be a patriotic duty.
TO a considerable extent, ignor-
ance. akin to this Womans, IS the
foundation of a more or less genera
impression, which organized TABOR
critics would have stand tor puon'
opinion, that the American X
man is against the courts is IN 1ac'
in the habit Of denouncing n DISC
beying them.
What is true in this charge is tha
the organized working classes are Q
necessity at the present time oDi1get
to direct the attention OF the countr.
to what they believe are errors Q
shortcomings in certain proceeding
of law courts with regard to iapo
questions which are unsettled an
which, it now seems, can only pe SCI
tied through a social process lnvoiV
ing several stages. These question
require first to be discussed puDnclA
Their reply will involve defining Tn
limits within which courts may &C,
courts are not to encrOacn on T1sh..
Of the citizen which will be cleari
established, and they are TO De a.
signed their unQuestiOTably prope
nlana ral1tiVq to the laWHdkIlS oil
executive departments Of our go
eminent. One important result
this process will be that IN lns
judgments the courts will Apply pr,l
ciples of human rights winch tods
are accepted by the enlightened M
jority. not only Of this country, .
all civilized countries.
The first of these questions IS q
matter Of discussing the Iaflo.i,
of the courts themselves as especlal
shown in the inconsistency OF Tue
findings on the problems incident
the development of our new 1ndu
trial society. Certain points IN u
primary inquiry are now up peio
the country in urgent form. IS the
a tendency among our 1uuses " :
behind general progress IN 1ne acoe
lance of certain principles OF socio'
yy true in the opinion or nearly
men whose daily experiences
studies bring before their mlnos .
social effects of the new I lHu -
conditions? Are those TisHl9
nersons., made obvious to the "oi
ing class by the facts Of life as q
now are accorded in th~e~coufts 81
consideration with the rlgn.
things as established sen9l -,
ago. when the worker was littie :.
than q Dumb and dependent chat.
On this point. the most conspleu'
facts as regards the courts cahn ~
dwelt upon too emphaticaliy. In Ia
Gliding cases involving iaoor
> Judge has before him IN ever
s setne Of p pro He may give
marv Importance and preponder