The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1915-06-04
MOST JUDGES
AGAINST LABOR
Many Wrongs PraCticed at Ex-
penSe of the Humble.
. TEPHEN S. GREGORY, presi-

Il "
- dent of the American Bar asso-
~ citation. testifying before the in
dustria commission at Wash
ington. declared that the decision of
the United States supreme court in the
Danbury hatters case was unsound
from the standpoint of sociology. Mr.
Gregory was asked to testify on labor
in its relations to the law. A list of
questions was furnished him by the
commission in advance rs an outline
for his discussion of the subjects en-
braced in the scope of the hearing.
Mr.. Gregory sketched rapidly the
rights that belong TO the laboring man
in common with all citizens of the re-
public and cited the West Virginia and
the Meyer cases. which he regarded as
subject TO criticism because they were
in violation of constitutional rights
All the rights that safeguard the life
of the individual. including that of trial
by jury, free speech and free press, he
held to be vital He quoted the famous
saying of Jere Black before the SUI
preme court in the Golden Circle cases
that King Alfred was the greatest of
all kings because he secured for his
subjects the right of trial by jury and
of habeas corpus and maintained those
rights. although he had to hang forty
four judges in one year IN order to ac
complish this result.
Reference was made to the declara-
ton by Judge Daniel Thew Wright of
the supreme court of the District of
Columbia that Il man could be enjoin-
ed against committing libel. and Mr..
Gregory came TO the conclusion that it
was bad law and that the individual
could not be deprived of the right of
free speech. although he must always
be answerable for what he said il an
injury was done another The right
TO free press he thought was on
more secure ground because of the
power of the press. which at times, he
admitted, was prone to go to lengths
that seem to be an abuse rather than
a sane enjoyment of a right, But
after all. the witness said. he was in
clined to agree with Jefferson that it
was better to have newspapers with
out government than to have govern
ment without newspapers because of
the great good they do in the protec
ton of popular intelligence and lib
erty
Wrongs practiced at the expense Of
the humble" said Mr., Gregory. "are
not so much noticed as those which
the rich and powerful may suffer. One
of the injuries often is excessive bail.
"In all these matters of right there
is not much. in my judgment. that can
be done by legislation. The Clayton
act has afforded remedy in many re-
spects As a rule, the attitude Of the
courts in labor questions is largely a
matter of the temperament of the
Judge which is always an uncertain
factor. 1t is to be admitted that
judges become prejudiced against la
Dor. This is due to the eXcesses that
are sometimes committed in strikes
Such eXcesses imputed TO all labor men
who go on strike prejudice all men. in
Guiding judges. and judges. more than
average men, are impressed by vio-
lence and so become preiudced against
labor leaders.
THE social and legal aspect of the
consequences of denial of these
rights is serious one. When men
and women feel that they have been
dealt with unjustly their complaint
must be looked into Ii there is any
denial of right that must be investi-
gated. no matter how small or trivial
the right. Governor and state officials,
sheriffs and others, are much burden
ed, and their task is very heavy one
at times, but the poor and the humble
must be protected i'll their rights
State officials often have very limited
appropriations and are unable to do
justice in their efforts to protect the
rights Of all concerned in a labor con-
troversy."
Mr. Gregory declared that If the
Clayton act should be followed in the
states and made effective it would be
as good as anything that could be de-
vised for the labor interests. He de-
nounced the idea of dealing with Grim
inal matters under equity proceedings
which should always deal with prop
erty rights. The reason why such
use Of the law was objectionable was
that the individual was deprived of
the right of trial by jury and dealt
with under contempt proceedings.