Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-10-04
Why Hughes Appeals So
Powerfully to Progressives
Frederick Davenport in Worlds Work.

| outlook upon social and industrial progress.
have been through the record of Justice Hughes
while he was on the bench at Washington with
view 10 finding at first hand how his mind and
heart reacted to the claims Of labor. And the
whole record is splendid in its human sympathy
and profound sense of justice.
Look US Truax against Raich, 239 U. S. Raich
was an Austrian alien, admitted by the national
government, and the state Of Arizona sought
| to deny him the right to work because he was
an alien And Hughes flung the mantle of
national power over him and decided that the
| right to work for living in the common occu-
pations OF the community was fundamental
right protected by the constitution OF the United
| States. This was the famous case which aroused
criticism of Mr.. Gompers, particularly on the
ground that the injunction process was invoked
| in labor suit. As matter of fact, the injunc-
ton was sought by a wage Garner to protect
wage Garner, and not by an employer against
| wage Garner, And although the point of view
OF organized labor is sound to the effect that
the American standard of living must not be
wrong to seek to uphold an unworthy state
law which violated fundamental rights protected
| BY the constitution OF the United States. The
place to control the flow of immigration is at
the national source by national power. 1t is
| the federal government which controls the adj
mission Of aliens. And no state government has
a right to interfere by subterfuge.
| Or take Coppage against Kansas, $50 U. S..
in which, joining in a minority opinion, Justice
Hughes repudiated the theory that an employer
has any right directly or indirectly to coerce his
employees against joining labor Unions and
hence supported the view that the state could
intervene to protect employees against such coer-
cion. He and Justice Holmes supported the
principle OF the free organization OF labor pow
erfully by dissenting opinion.
Or look up Bailey against Alabama 2l9 U. S.
| In this fundamental case Hughes defended as the
essence OF personal liberty the right OF black
| peon to leave his Job No matter how the vic
| tim had been inyeigled into a contract which
MADE a peon OF him because he could not pay
his debt, Hughes brushed away the pretense OF
legality. and let nothing stand in the way Of
the right OF the humblest toiler in the lowest
| ranks OF labor.
>. -,
| 1t IS an illuminating record which Mr.. Com
| pers and all who doubt would do well to ponder.
Hughes was always on the side of governmental
power which secured justice for the weak and
| the defenseless. The California chambermaid,
the Alabama peon, the pupil nurse, the railway
employe, Hughes was always right from the
standpoint OF broad justice to the weak and the
defenseless, no matter whether he had to vote
with the minority or the majority of the court 1t
was the working OF a just mind which knew the
whole range OF American life and all its struggles.
FOR he himself has from his early boyhood
But II is as easy for him to be just to the
| man OF wealth and power. When he was COVER
nor Of New York on two notable occasions he
faced the danger Of momentary popular obliquy
in order to do right by the railway corporations
OF the state. 1t is easy for him because he has
inherited powerful sense OF right, and he has
mind superbly fitted to analyze facts just plain
facts and nothing more. ,.s.
1t is a mind OF the sort that can be trusted
70 act IN time and with tirmness and justice
in international relations. Certain great coun-
tries OF the world have learned at awful cost