The labor journal. [volume] (Everett, Wash.) 1909-1976, 1917-06-15
UNITED STATES SUPREME COURT
STRIKES HARD BLOW AT LABOR

llngtOn state Federatl0n OF Labor
to be remedied, which does not ap-
pear in this case.
"The court cannot say that the
electors of the state, in adopting the
act which declared that the welfare
of the state required the prohibi-
tion of the collection of fees from
the sources designated, did not ex-
ercise a reasonable discretion in de-
claring a public policy as set forth
in the act
"THE PUBLIC WELFARE IS
THE DETERMINING FACTOR, (the
Italics are mine) and the expressed
conclusion of the electors of the
state is that the interest of the
public generally provides the regula-
ton provided by the act, and this
is conclusive upon the court.
"The fact that the complainants
have conducted their business hon
estly, and in such way that no
complaint could be made against
them, would not prevent the state
from adopting the measure if nee
essary to reach persons who have
not so conducted their business. The
honest must suffer with the others
in regulating the business of the
general class"
PUBLIC WELFARE is the dom
inant note in the above decision. 1t
apparently did not weigh very heav-
lily with the United States Supreme
Court Three thousand miles away,
the members of the Court were not
impressed with the general nature
of the evil which inspired the drastic
action taken by the electorate of
Washington. The strong reaction
airy tendency of the Supreme Court
was further evidenced in the recent
decision upholding the constitution
ality of the Workmen's Compensa-
tion law, in which case bare ma
jority upheld theAct-another "five
to four" decision.
The decision is keenly felt by la
Dor. The law had worked splendid
results in the short time it had been
in operation. Its good effect was
noticeable in many ways. Men were
assured of steadier employment, the
inducement to discharge men with
out cause other than to share in
the employment agency fee natural
ly disappearing. The law tended to
and did produce better satisfied,
more efficient type of workmen.
Both federal and municipal agencies,
operated for public service and not
for private gain, felt release from
the drag of an unfair competition
and were able to function in a
manner not hitherto possible.
While reading the final report of
the Commission on Industrial Re-
lations, l was struck with that por-
ton dealing with the interference of
the Courts with social and indus
trial legislation, as being one of the
causes of social unrest. Let me
quote:
"No testimony presented to the
Commission has left deeper i'm
preston than the evidence that there
exists among the workers an almost
universal conviction that they, both
as individuals and as class, are de-
MED justice in the enactment, ad-
Indication, and administration of
law, that the very instruments of
democracy are often used to oppress
them and to place obstacles in the
way of their movement toward eco
nomic, industrial, and political free
dom and justice Many witnesses,
speaking for millions of workers as
well as for themselves, have asserted
with the greatest earnestness that
the mass of the workers are con-
vinced that laws necessary for their
protection against the most grievous
wrongs cannot be passed except after
long and exhausting struggles; that
such benificent measures as become
laws are largely mullified by the
Gec;siCns of the courts;
that the liNS which stand upon the
statute books are not equally en-
forced; and that the whole ma
chinery of government has frequent
ly been placed at the disposal of the
employers; and that constitutional
guarantees erected primarily for the
protection of the workers have been
denied to them and used as cloak
for the misdeeds of the corpora
tions."
The u. S. Court decision is hailed
with great gusto by the State En-
ployers' Association, which body of
patriots assumed the initiative in
hrin pinp the case before the u. S.