The Washington times., 1915-05-10
Federal Industrial Commission
Hears of "Dred Scott Case
for Labor"
RICH MEN ARE FAVORED
Chief Justice Clark, Of North
Carolina, Says Many Judges
Are Biased.

That labor is denied q far deal In the
courts and that recent decisions Of the
courts promise to form a "Dred Scott
case for labor" that may prove a cause
Of industrial war, were opinions given
by eminent legal authorities at the
hearing Of the Commission on Indus
trial Relations into labor conditions
here today.
gilbert E. Roe. Of New York, former
law partner OF Senator Lafollete.
said the poor man has not an equal
courts. Chief Justice Walter Clark,
Of North Carolina supreme court, said
that many judges were biased in
capitals favor.
Courts Criticised.
American courts came in for frank
criticism by Judge Clark. The Danbury
hatters' verdict, holding members Of the
union personally responsible for the pay
ment of heavy Judgment was held to
be unjust to labor.
Judge Clark held that courts are be-
My observation is that courts are
slow to adopt economic ideas enacted
by law" he said. One reason Is that
most judges are elderly men. schooled
in old principles of law; many were
employed by corporations before going
on the bench, and are biased by the
views they gained at the bar. The only
remedy is the slow educational process
of public opinion
The injunction in labor disputes was
chara cterized as one of the chief causes
Of social unrest. "and 1t Is a cause of
unrest that will grow, II not remedied,
Judge Clark said. The usurpation of
power by any branch Of the Government
Is justifiable cause Of unrest.
Declares independence.
Judge Clark declared his Independence
of common law and held. as a Judge.
he was not bound to be ruled by 1t.
Il don't recognize the right of a man
or set of men who lived in former CEN
turtles to tell me what to do" Judge
Clark added.
Advanced legislation to protect child
labor Jwas urged by Judge Clark. He
cited case he decided in North Caro-
lima where an eight-year-old child was
and the corporation claimed that az the
fs ther had hired the child out. he was
responsible.
II held the father had no right to ex-
pose a child to such danger and that
tho corporation was responsible. This
was not popular at the time. but the
legislature later passed law remedy
Ing the situation" Judge Clark said
In for criticism by Judge Clark The
lobbyists In Congress and legislatures
are not all in the lobbies" the judge
asserted. Some are in seats as mem
bers. Men are elected TO office with
the aid of campaign funds. Can man
sit there and pass acts that press too
heavily on the men who put him there? ?"
Sees Little Chance.
The moor man has not an equal chance
with the rich man in the courts. in the
opinion expressed by Gilbert e. Roe,
Of New York The rich can hire better
lawyers, bring testimony from dis
tance, they can endure laws delays,
and promote them. The rich are bound
to have advantage.
THE law discriminates against labor
as between labor and property" Mr..
Roe added. with particular reference
to the Danbury hatters' case whether
a boycott or a blacklist Is illegal and
ought to be prohibited. I do not know.
But It Is clear that If We allow the
blacklist on the part Of the employer,
we must allow the boycott. which is the
employees answer"
That two recent decisions Of the courts
may become the Dred Scott decisions
Of the labor movement, was a fear ex-
pressed by Mr.. Roe. The cases. one
known as the Adair case and the other
that OF Coppags against the State of
Kansas. declared unconstitutional by
the United States Supreme Court jan
uary %. deny the right of an employe
to Join union. and give the employer
doing.
Judge Edgar NJ. Cullen, former chief
justice of the New York court of ap-
peals. criticised the acts of militia ry
commissions during the recent West
Virginia strike in trying rioters. There
Is no legal right. he said, which gives
a military commission power to try and
punish.