La Junta tribune., 1915-09-25
SOME OBSERVATIONS.
These Are Contributed Ar
ticles and . Record Of In
dividual Opinion Only.
INDUSTRIAL RELATIONS.

The third proposition advanced In
the Manly report is '''denial Of Jus-
tice In the creation. In the adjudiea-,
ton and In the administration Of the
law"
Under this head the labor commits
sioners charge that the workers are
unable In many states TO secure the
passage OF wholesome and just laws
for their protection. and that when
such laws are passed. they are fire.
quently nullified by the courts upon
technicalities. They charge that In
the administration OF the laws there
is discrimination by the courts
against the poor and In favor Of the
wealthy and powerful. They charge
also that the police power OF the
state is practically turned over TO the
employers whenever the differences
between the employers and the en-
ployees result in strike. and that
military despotism is set up under
the name OF martial law.
They recommend iegixlation by
congress for the protection Of pcrson-
al rights: q constitutional amend
ment prohibiting the courts from de-
claring legislative acts unconstitu-
tionsi: a Law requiring jurors In fed
erai cases TO be impartiaiIy drawn
from all the qualified voters IN the
district: a national law regulating
and controlling the operation Of pri-
vate detective agencies: and . nation
al Law prescribing rules for the per-
sonnel and conduct of state militia
In strikes.
There is no doubt that the wrongs
charged have been imposed upon the
workers many times. There 10 no
doubt also that the continued welfare
OF the country demands that ade-
quate remedies for these wrongs be
provided by Law. No country IL safe
from turmoil and revolutionary ten.
dencies where the workers arc sub
ject TO injustices. But do the remedies
suggested by the commission 80 TO
the root Of the difficulties. and are
they such as the nature Of the wrongs
themselves suggest.
II viii be noted that the remedies
suggested are based upon the expec-
tation that diffsrsnces viii sriss h.
tween the employers and employees.
that strikes will ensue. that the mi-
litia Will be called out. and that some
OF the strikers will be charged With
the violation OF law. The sugres,cd
regulations concerning jurors. de,ec-
tive agencies and state militia. shows
this coneiusiyely. One suggestion is
utterly absurd. A constitutional
amendment prohibiting the eourts
from declaring legislative acts un-
constitutional. would render IN. les-
islature the supreme power In the
state. suboriinating the e.ecutiy.
aud Judicial branches OF the govern
men'. The history OF state legisia-
tur.s Is no, wanting In vicious legls-
lation. Such legislation might b.
directed against the workers. The
proposed amendment would l.ay. no
reserve power In the people and Il
contrary to the federal constl,ution
as II nov stands. anc Is subyeriyc
OF the spirit of American institutions.
The acts Of the English parliam ut
have the force and effect OF cons,ltu-
tionai amendments. In fact III. act.
OF parliament. together with IN. an.
cicnt charters and sanctions, con,tl.
tuic the English constitution. BOT
. state legislature and the Ensl.,h
parliament are vastly different Ho.
sides. such IL the peculiar strueisrc
Of the English legislative system.
that ieeisiatIon is more certainly f,,.
sponstse To popular sentiment than IN
any other couatry.
l. Il has heretofore been suxr..,si
that acts passed By the people under
the initiative and referendum shoaia
b eivea the force and effect Of con.
seitutioaal amssdnsats. This would
- the direct act Of the people. pLo
are the misunderstanding power.
aad would causs the conseliuiion 70
hssD pees With the spirit Of prosr,ss.
But VI - szaoiae shs wrong.
chassed sad ssrsstaia u ,hey do no,
eueesse their evp rsae1ies.
he reDoss says that In many
states ~ wosksss ass unable TO SO.
curs ~ pasaaos - laws for their pro.
teetloa. 10 eshse words The iesi,la.
eusss n sAess saatss ass controli.a
~ ~ sap,eypss. ne salsral and
oeg,eal Fe0e1y for this cosdition 1.
1lrUes Iegis,astsa. Bet lss Il n CON.
pDses dlsset Issislsstsa - shs peop,.
os 00DGo0 havo a. anI noa A. - n. a..