The labor world. [volume] (Duluth, Minn.) 1896-current, 1912-03-09
JUDGE TAFT'S INJUNCTION
RESPONSIBLE FOR RECALL

- j VIZ AAN(1AA I
statement that the country would
be plunged into anarchy and be ruled
by a mob, should the recall prevail.
The laws delay, which amounts to
practical denial Of justice, as, sena-
tor Root said. and the cost Of litiga-
ton fostered by the legal profession,
undoubtedly have something to do
with the call for the recall Of the
judges, as the President says. But
President Taft's famous Injunction in
the Ann Arbor case Is responsible for
starting the movement for the recall
more than any other man or thing.
/: Judge Taft Started 1t.
That was one of the first injunc-
tons in labor cases. It was de-
nounced from one end of the land to
the other as judge-made law, which
had no warrant in the statutes and
no basis in equity. But it was &C.
motive Engineers and labor acquies-
ced. It has been initiated and i'm
proved upon by other federal judges.
who have used it to win the battles
Of capitalism and check and harrass
labor. Under these injunctions law
full acts arc forbidden and laborers
intimidated and coerced,: Any en-
Joined Workingman who dares ques-
ton them is thrown into Jail for
contempt Of court, for the judge is
made the defendant, the prosecutor
and the jury And these judges are
appointed for life and responsible to
nobody. -.
Lesson in Magma Charta.
Senator Root. seems to quote the
Magma Charta as placing restric-
lions on the power Of the peo-
pie. Quite the reverse. The great
Charter was concession of. rights
wrung from the barons from the
absolutism of the king, as a. protec-
ton against his arbitrary and unjust
judgments. It took arbitrary, power
from the King and gave that power
to the barons and the people that
judgments might be rendered ON
more just rules ana principles. The
recall does not propose to change the
constitution or the law, but it does
propose to give power to the people
to dismiss judges who abuse their
office.
Rule Will Not Rule.
'The people Of these United
States" said Lincoln. 'are the right
full masters Of both Congress and
courts" The recall proposes to en-
large the rights Of the people, just as
Magma Charta enlarged the rights Of
the barons. but in a different way,
for America long ago broke away
from the king and set up g. constitu-
ton for itself. But the men who
interpret the laws have usurped the
ancient prerogative of the king. These
usurpations are g. disgrace to the legal
profession, which has been honored
most highly in this country, and in
stead Of defending them it ought to
denounce them. #sGz
The recall is mot intended to cover
ride with popular passion and preju-
dice every principle of this govern
ment." How can the President think
SO meanly of his people? It is to re-
call dishonest. incompetent and I'M
worthy servants. That it may some
time be abused cannot be denied.
That is the fate of all earthly institu-
tions. The people are to blame today
for the disgraceful judgments of
their servants. The responsibility is
theirs. They should at least have the
power Of preventing a repetition of
wrongful acts.
Former. President Roosevelt sug-
gested that, instead Of the recall, an
obnoxious law Or decision be sub
mitted to a vote of the people. Such
is far from the desire of the advo-
Gates of the recall. They have no
desire to. make Of the people judges.
but they do want to have some means
Of Kidding the bench of unworthy
servants.
Root on Court Authority.
Senator Root is president Of the
New York Bar Association. He also
denounced the recall. From one
paragraph in his address one would
suppose he had poor opinion Of
the character Of our judges. With
the recall Of the judges he thinks
"the authority Of the courts will in
| evitably decline, the independence Of
the judicial branch will cease, judicial
decisions will interpret the law al
ways to suit the majority of the mo-
| ment, and the recall will be the
natural and logical expression Of the
relation to be presumed between the
people and he courts
In this the Senator goes too far.
Many judges are now elected by pop
ular vote-for short terms. There is
no great outcry against their deci-
sions interpreting the law always to
| suit the majority Of the movement"
How Root Puts 1t.
Mr.. Root says: "A sovereign peo-
| pie which declares that all men have
| certain inalienable rights, and i'm
poses upon itself the great impersonal
rules of conduct deemed necessary
| Tor the preservation Of those rights,
and at the same time declares that
it will disregard those rules when
ever, in any particular case, it is the
wish Of majority of it's voters to do
So esta blished as complete a contra