The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-02

were no more, but dull eyed, pale
checked boys and girls with sad count
enances and the eyes once filled with
the light of hope was s%urplanted by
the f1ickering flames Of DESPAIR and
the strength of life was ebbing away
conditions in the minds We're equal
~ obnoxious. People actually lived in
the depths of the earth. Here little
cnlldren came into existence and some
OF them never saw the Light. Of day
until they were Z. Or s years of age. 1t
COST money to come up to the surface
OF the earth where there was green
grass and flowers and sunshine and
great blue skies n wholesome air,
and hence they were denied this
pleasure. FE
Is it strange that a voice cane out
or this misery, demanding that. these
conditions be changed? Is it strange
men should cry out against this cruel
system. helpless victims huddIed at
their feet, as they protested with all
thelr might, claiming the right by vir-
tue of being human beings made in
the image and likeness Of God, not
tanning the right, I say, to live, to
build a home to bring UP a family in
not by exemption from work but
through honest toll.
The issues were clearly drawn, on
the one side was az greatsclass OF neo-
pie claiming the right to lives and on
n other hand a smaller but more
powerful class of men, in substance If
not IN terms, denying the right. Be-
Ween these TWO classes of people
came the courts and the legislatures.
Ihe labor classes, entered the conflict
crippled and handicapped without ed
''tlon, without means to present
their cause n while conscious of
~Geir suffering, perhaps not familiar
with the steps necessary to be taken
TO correct the abuse. Their appeal in
a crude way was presented to the leg
lslators. generally gentlemen of leisure
ana means, who did not understand,
not having suffered, and could not APP
precfate the conditions, while the
course, still further removed from the
awful conditions existing, understood
the conditions no better. Against these
slgantlc ODDS, the voice and protest
OF laboring ME- seemingly had the
effect of water striking a rock.
Let us follow the great battle
through he milestones of legal his
tory which will perhaps give us the.
best understanding of the struggle.
history and pamphlets have been
but in most cases by partisans
OF n side or the other. Let lis read
the history OF the struggle as written
by the judges of the courts who pass
ed on these vital questions. The yery
nfst case was decided in 1921 on Nov.
o, When an indictment was filed in the
name of the king against the Journey
of Cambridge, accusing
the IallorS of entering into an agree
ment for advancing their wages.
which was prohibited by the statute
Geo. ] c. l3, under the statute
OF 2 and 8, Edward 6. C. Is, which
makes snch a person a criminal. The
statute OF England at that time set two
Ishillings or 40 cents as wage per day
for tallors, because of a technical de-
feet in the omission of certain words
In the indictment, these men could not
De convicted. Under the statute they
We're convicted, however, for combin-
q their efforts to demand more
wages. The contention that the COM
oinatlon was a conspiracy indictable
an common law was confirmed by the.
whole court. Had these men in6ivid-
ually asked or demanded a raise Id
their wages, they could not have been
convicted Of a conspiracy but doing
Jointly an act which one could do law
fully, was held to be a conspiracy.
The court cited as authority for This
proposition the case Of TubWomen VS..
the Brewers Of London, and it is. in
ttereSIlng to note that no such case is
reported n lie ever decided, no rec
ord of 1T kept. Nearly 200 years have
passed since the judges on that Mo-
sSiiiUSl uay MIOte Ills decision and 1T
became part of the law of England.
~ denied the right of iaboring men or
women TO come together and to agree
on a certain wage and to refuse TO
work unless these wages were paid.
For yer 100 years or until 1924 this
remained the law of England. The
Ecourts, as you know, are called upon
TO interpret laws but not to make
Paws. and for these decisions, which
seem contrary to the best interests OF
the great mass of people, the courts
are not to be criticised but the rene
lidy lies with the Legislators.
Indeed. the Judges OF our high court
Rave sat under a storm OF criticism,
as this court would, waiting for
The representatives Of the people to
correct the ommon law. Should our
Judges ever cringe before the criticism
lof the people demanding that they.
should not only interpret laws but
should make laws and yield to their
temptation the rights OF persons and
the rights of property, will be placed
IN Jeopardy. Such a course would be
a inroad on one Of the greatest safe
guards We have to our liberty. such
course would unbalance the equilib-
lrium at present maintained in the
three branches of government.
The great principle which underlies
trade unionism was mot understood.
That principle is. the individual urlor-
tganized workman cannot Bargain adj
INalatageouslysWiti anSenlpIoyer for the
sale of his Labor. Forbidden for a
century 10 ~co-0perate, to demand high
Ter wages to- better their conditions
and surroundings, the wage Garner Of
England suffered from poverty n