The herald. [volume] (New Orleans, La.) 1905-1953, 1913-07-31
RIGHTS OF LABOR.
Greater Than Those of Capital,
Says Noted JuriSt.
WEALTH A PRODUCT OF TOLL
Without Labor Capital Would Be
Worthess-Good Morals Do not
Sustain the Assumption That Both
Stand Equal Before the Law.

Sustain the Assumption That Both
Stand Equal Before the Law.
The chief justice of the oklahoma
criminal court OF appeals, Judge Hen
ry NJ Furman. has just rendered a
decision In which the action Of the
lower court In quaShinG indictments
against prominent citizens who had
violated the state antitrust laws is re
versed The opinion Of Judge Furman
clears the way to prosecute yiolatOrs
of the state antitrust laws. The Okla
bona antitrust laws exempt labor
unions from the operation Of these
laws, and, according to the opinion rem
dercd, this fact does not invalidate the
laws This has been the contention of
the American Federation Of Labor.
To sustain the contentious Of counsel
for the appellees would be in effect 10
decide that in the state of Oklahoma
trusts and mOnOpolics are practically
above and superior to the law and that
they may at their pleasure, through
their combinations and couSpiratorS.
grind the people like grain beneath the
upper and neither stones, take from the
mouth Of labor the bread which 1T has
earned and divert the stream of wealth
it has produced by hard and honest toll
from its riGhtful channels and pour it
into the undcserved ana already over
flowing Golfers Of the few.
Ii would doubtless have been very
gratifying to those persons engaged In
such unlawful undertakings if the leg
islature had attempted to give fixed
definitions OF trusts and mOnopolieS
for then their able attorneys could
point out how the same purposes could
be accomplished by slight variation
in the methods used. and thereby they
could do as they wished and escape
the penalty of the law prescribed for
violation Of the fixed definitions.
If a fixed definition of a trust and OF
a monopoly had been given then they
would have so shaped their business
as to place it outside Of this fixed def
milton, and under their favorite doc
trine Of strict construction of penal
statutes they would have been allow
ed to defy the law and rob the people
at pleasure The only way in which
they can be reached Is by general def
nitions and the doctrines Of a liberal
construction of penal statutes. and
In In
homa; hence the law is going to be en-
forced. and those gentlemen must eli
Their abstain from their illegal conduct
or suffer the consequences. We think
that the definitions contained In the
statutes are as certain as the nature OF
the evils at which they are aimed will
admit.
If all the capital in the world were
destroyed a great injury would there
| by be inflicted upon the entire human
race. but the bright minds. the brave
hearts and strong arms of labor would
in time create new capital, and thus
the injury would be ultimately cured
| II all Of the labor on earth were de
stroyed capital would lose its value
and become absolutely worthless.
Labor is natural; capital Is artificial
Labor was made by God; capital Is
made by man. Labor is not only blood
and bone. but 1t also has mind and
a soul and Is animated by sympathy
hope and love. Capital is inanimate
soulless matter. Labor Is the creator
capital Is the creation.
A single drop Of sweat upon thu
brow OF honest labor shines NOR
brightly and IS more precious in tn
eyes of God and is Of more benefit t
the human race than all the diamond
that ever sparkled in the crown o
any king. II the state did not protec
the farmers Of Oklahoma against sucl
conspirators as these the law woult
be a miserable. contemplate farce,
snare. a mockery, a burden and delu
sion.
The contention Of counsel for appel
lees Is that If the law protects com
binations of labor or Of any class o
citizens Of the state II must also pro
tect combinations Of capital; other
wise a class of citizens who are no
afforded this protection are discrimi
mated against and deprived Of tina
equal protection of the law which tn
constitution Of the United States guar
antees to every citizen of the Unitet
States. A careful consideration o
this matter will show that the cOnten
ton of counsel for appellees Is no
tenable. 1t must be conceded that tn
legislature has the right and power +
make reasonable classifications wit
reference to any proper subject of leg
islation.
The assumption of counsel for appel
lees is that the rights Of capital ar
equal to the rights Of labor. Goo
morals do not sustain this assumption
While labor and capital are both er
titled to the protection Of the law,
IS not true that the abstract rights q
capital are equal to those Of labor an
that they both stand upon an equa
footing before the law. But IL w
concede that the assumption of cour
sci for appellees is well founded an
IL we arbitrarily and in disregard @
good morals place capital and labo
upon an absolute equality before tn
law another difficulty confronts then
Capital organizes to accomplish II
purposes. Then. according to the
ouvp Ioric n yyould no a denial r