The Daily Missoulian., 1912-08-07

our purpose is not to impugn the
courts but to efpancipate them from
position where they stand In the
way Of social Justice; and to emanci-
pate the people.. IN an orderly way,
from the iniquity OF enforced submis.
sion TO, doctrine which would, turn
constitutional provisions which were
advancement into prohjbitions against
such Justice and advancement.
We In America have peculiar need
thus to make the acts of the courts
subject to. the people,. because. owing
to caiises which ! need not now dis
cuss, the courts have here grown TO
occupy q position unknown In any
other country, a position of superiority
over both the Legislature and the ex.
ecutive Just at this time. when we
have begun IN this country to move
toward social and Industrial better
ment and true Industrial democracy,
this attitude on the part OF the courts
is OF grave p0rtent, because privilege
has intrenchad itself IN many courts,
just as II formerly intrenched Itself In
many Legislative bodies and In many
executive offices. Even In England,
where tho constitution Is based upon
the theory of the supremacy OF the
legislative body over the courts. the
cause OF democracy has at times been
hampered by court action. In q re-
cent book by "a notable English liberal
leader. MIR. L. Il. Hpbhouse, there oc-
ctrs the following sentences dealing
with this subject:
Labor Itself had experienced the
full brunt Of the attack. II had
come. not from the politicians. but
from the judges: but In this c0un.
try we have to realize that within
wide limits the judges are In ef-
feet Legislators. and Legislators
with certain persistent bent
which can be held In check only
by the constant vigilance and re-
peated efforts of the recognized
organ for the making and repeal OF
law.
II thus appears that even in Eng
land IL IN necessary to exercise vigi-
lance In order to prevent reactionary
thwarting of the popular will by
courts that are subject to the power of
the legislature. In the United States,
where the courts are supreme over
the legislature, II Is vital that the
people should keep In their own hands
the right OF interpreting their own
constitution when their public serv-
ants differ as to the Interpretation.
am well aware that every upholder
of privilege, every hired agent or
beneficiary of the special interests. In
cluding many we'll meaning parlor re-
formers. will denounce all this as sos
cialism" or 'anarchy"-the same terms
they used In the past In denouncing
the movements TO control the railways
and to control public utilities. As a
matter Of fact. the propositions make
constitute neither anarchy nor social
ism. but. on the contrary, corrective
to socialism and an antidote to an
archy.
Social and Industrial Justice to the
Wage. Workers.
I especially challenge the attention
of the people to the need of dealing
In far-reaching fashion with our hu-
man resources, and therefore our labor
power. In n century and a quarter as
n nation the American people have
subdued and settled the vast reaches
of a continent; ahead lies the greater
task OF building upon this foundation.
by themselves. for themselves, and
with themselves, an American COM
monwealth which in its social and
economic structure shall be four square
with democracy. With England striv-
ing to make good the human wreck
age to which scrapheap scheme OF
industrialism has relegated her. with
Germany putting the painstaking re-
sources of an empire at the work OF
developing her crafts and Industrial
sciences. with the far east placing In
the hands of Its millions the tools in
vested and fashioned by western civili-
zation. II behooves Americans to keep
abreast of the great industrial changes
and to show that the people them
selves, through popular self govern
inent. can meet an age Of crisis with
wisdom and strength.
In the last 20 years an increasing
percentage of our people have come
TO depend on Industry for their liveli-
hood. 40 that today the wage workers
IN industry rank In importance side
by side with the tillers of the soil. AS
n people we cannot afford to let any
group or citizens or any individual citi-
zen liVe or labor under conditions
which are Injurious to the common
welfare. Industry. therefore. must SUBJ
NIT to such public regulation as will
make II means OF life and health,
not OF death or inefffciency. We must
protect the crushabi< nelements at the
base OF our present Industrial struc-
ture.
The first charge on the industrial
craftsmanship OF the day is to prevent
Huuiuu Wuste. Jne ueHO Wel&nl or Or
phanage and depleted craftsmanship,
OF crippled workers and workers suf-
Yering from trade diseases, OF casual
labor. OF Insecure old age. and OF
household depletion due to Industrial
conditions are like our depleted soils
our gashed mountain sides and flooded
river bottoms, 30 many strains upon
the national structure. draining the re-
serve strength of all industries and
showing beyond all peradventure the
pubic element and public concern In
industrial health.
Ultimately we desire to use the gov :
ernment TO aid. az far an can safely be
done, IN helping the industrial tool
users TO become In part tool owners
Just as our farmers nOWs are. Uiti-
'nately the government may have to
JOIN more efficiently than at present
IN strengthening the hands of the
worklngmen who already stand at a
high level industrialiy and socially.
and who are, able by joint action to
serve themselves. But the most press
Ing and immediate need IL to deal with
the cases OF those who are on the
level. and who are not only In need
themselves, but, because Of their need,
tend to jeopardl2e tho welfare Of those
VINO are better off. We hold that un-
der no industrial order. In no COM
mpnwealth, In no trade, and In no
establishment should Industry be car
rled on under conditions inimical to
the social welfare. The abnormal.
ruthless ananHthc s,d,sas -, - ..toh