The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1912-03-15

the state VI community, there arc
parents who really need the money
which their children could earn dur
Ing the period when the child should
be In school, the community can well
afford to temporarily supply such
parental need rather than have the
burden OF the family support thrown
upon the children to the injury Of
society In general, as well as to the
impairment Of the child's abilities.
While you provide for free educa-
ton, so that there will be a school
door open to every child you, I doubt
not, will find 1t consistent with your
own views, as we'll as advantageous
to the state, not to discourage the
private schools and colleges where
religious instruction can be entwined
with intellectual training.
Courts.
In providing for courts venture
to suggest that you give careful con-
sideration to the manner of selection.
Different plans have been adopted in
different states. Our federal judges
are appointed for life. | am OF opin-
ion that popular election is more in
accordance with our institutions and
the system toward which we shall
approach as confidence In the sta
bility Of popular government in
creases. The distrust of the people.
manifested in the disposition of some
to deprive them of the right to select
the judiciary, is unfounded. Unless
the sense Of justice inherent in the
people can be trusted In such mat
ters, we may well fear for popular
government; but that sense of justice
can be relied upon.
The jurisdiction OF the various
courts Is a matter entirely In your
hands, and in comforting sufficient
authority to insure the enforcement
OF law and the preservation of order,
you should be careful that even the
judiciary shall not encroach upon the
rights of litigants.
What is known as government by
Injunction a system under which
the judge combines In himself the
duty Of legislator, prosecutor and
JUDGES obnoxious to our institu
tions and to the idea Of justice that
prevails among us. While the court
must have power to enforce respect
and to fine for contempt committed
In his presence, he should not be per-
mitted to deprive the accused of a
trial by jury when the alleged con.
tempt Is committed beyond the pre-
cincts OF the courtroom, and when the
guilt must be established by wit
nesses, as In ordinary criminal prose.
cutions. In such cases the right OF
trial by jury should not be denied.
And, may add, in these days when
all intelligent men read the news
papers, knowledge OF the details OF
q case, gained from newspaper,
should not excuse one from jury SER
vice IL he is man of good charac-
ter AMI fairrmlnded. te6t sr6 n.,i,i.,
Some advocate constitutional pro.
vision limiting the power OF the court
to declare a law unconstitutional to
cases in which all the judges concur
In the opinion. am persuaded that
lawmakers are entitled to this pre-
sumption.
In dealing with matters affecting la.
Dor you can hardly avoid the conclu-
sion that the government has erred
on the side Of hardness in responding
to the demands made by the wage
earners for the amelioration of the
conditions under which they work.
The fellow.servant law for in,
stance. has far outgrown the condi.
tions that originally justified 1t, II any
conditions could justify 1t.
There ought to be no delay in safe.
guarding the right OF an employe to
compensation for injury due to the
negligence Of another employe over
whose movements he has no control
The constitution should also leave the
amount OF recovery, In case OF death
or injury, to be determined by the cir
cumstances Of the case. II Is \ one
sided law that puts maximum price
upon human life and then leaves
the minimum to be reduced to moth
ing.
The constitution should authorize
, employers liability and employees
! compensation laws, and make the au
thority 80 specific that such laws can
not be declared unconstitutional.
In tho matter OF hours the legisla
ture should be authorized to prescriba
what shall b. regarded as q working
day and the conditions under which
longer hours may be compelled. The
employe Of great corporation ID nc
less a servant unto the employer IN
the matter Of hours, and It 10 for his
protection that maximum hours are
fixed, as usury laws are fixed for the
protection Of the borrower. Society
can not tolerate condition under
, which tho husband and father is DO
, MED the strength which home life i'm
parts. nor can the home be robbed
with impunity Of his presence and in
nuence.