The labor journal. [volume] (Everett, Wash.) 1909-1976, 1914-05-01
RULED BY COURTS
Shall the Judiciary Establish a
DeSpOtism2
A NOVEL JUDICIAL ACTION.
Unusual Usurpation of the Public's
Power by New York Judse-New
Method of Protecting the People
Seems to Be Discovered.

Method of Protecting the People
Seems to Be Discovered.
Upon what meat does this our
Caesar feed that he is grown so
greatT Only a justice Of the supreme
court of the state Of New York, and
yet he may order out troops, contrary
to the Judgment of the local officials.
force unwilling authorities to use pub
lie money to pay the troops and secure
sanction for his revolutionary acts
from his fellow judges. Has it come
to this-that the government of the
United States is managed through and
by the judges?
When first constituted the intended
function of these judicial agents was
to interpret and apply the laws Con
ditions, opportunities. were presented
whereby the judges might increase
their functions and add to their power
They assumed the right to pass upon
the cOnstitutionality of laws. with the
cOrreative right to declare some null
and void. This development means
en- y = #
One of the most ardent advocates of
this power of the judge recently as
serted: "A law is not a law until it
becomes the law of some court. Be
fore that it is merely a legislative
opinion" According to this viewpoint,
the legislative opinion, however desir-
able or necessary, is not conclusive I'M
less Endorsed by judicial decision.
The claim to power has indeed grown.
1t would seem that such power would
satisfy even a judge But it has only
Whetted desire. In New York there
has been found new way to protect
the people. The method contains ele-
ments of startling novelty and audac-
ity. There has been accomplished that
which other judges had never ventured
to do, and the act has been approved
by other judges
During the street car strike in Buffa-
10 last April, after the mayor and the
sheriff had refused to call out the
troops, Justice Charles II. Brown of
the supreme court issued an order to
Brigadier General Samuel NJ. WEIGH
calling upon him to put three regi-
ments in the city. This command
brought into action all the Buffalo
troops and companies from nearby
towns. The troops were used against
the rights of human beings in further
ance Of vested interests. Application
was made on Erie county to pay the
bill. The treasurer of Erie county re
fused to pay the troops for the service
on the ground that they had not been
legally called into service. The judge
then issued mandamus ordering him
to pay. He was advised by the county
attorney that the military law under
which the pay was asked was uncon-
stitutional.
The case was heard by Justice Mar
law ordering the payment Of the SOL
diers was constitutional. This decision
was affirmed by the appellate division
and then by the state court of appeals.
This decision and the law have not
received the press attention worthy of
their significance. No recent decision
has indicated more clearly the degree
to which our government is now being
judicially supervised. conducted and
monopolized. Judicial agents have dis
covered a new sphere of power-they.
the courts, may order out troops when
other agents to which that power has
been delegated, seeing no necessity
70
force all orders issued in furtherance
of their urpose.-American Fedora
ZIONIST.