The labor journal. [volume] (Everett, Wash.) 1909-1976, 1917-06-29
Continued from page 81

]
road building, construction of public
buildings, reforestation, irrigation
and swamp drainage (p. 1922.
Denial of Justic
Many witnesses, speaking for mil
lions of workers, testified before the
commission that the mass Of work
ers are convinced that laws necessary
for their protection against the most
grevious wrongs cannot be passed
except after long and exhaustive
struggles; that such good measures
as become laws are largely nullified
by unwarranted decisions of courts;
that the laws which stand upon the
statute books are not equally en-
forced, and that the whole machin-
cry of government has frequently
been placed at the disposal of en-
ployers for the oppression of the
workers; that the constitution itself
has been ignored in the interests Of
employers; and that constitutional
guarantees erected primarily for the
protection of the workers have been
denied to them and used as a cloak
for the misdeeds of corporations
(p. 39).
An examination of the evidence
shows that every one of these charges
is fully justified
First, the workers have just
grounds for the charge that the leg
islatures have been criminally slow
in acting for the relief Of grievous
wrongs, and have used every subter-
fuge to escape adequate action even
while thousands of men, women and
children were being killed, NAMED,
or deformed as a result of their neg
ligence Up. 42).
1t required seventy-five years to
secure even partial protection for
child labor, fifty years for laws pro
tecting women against extreme hours
of labor and night work; twenty
five years for the beginning of safe
ty in factories, and twenty-five years
to free the seamen from slavery
Up. 40).
This has not been the result entire
ly of the complacency and slothful-
ness of legislators, but powerful in
fluences supported by the employing
classes have been at work corrupting
legislators, deceiving the public, con
trolling officials and debauching the
state (p. 42).
Second after wholesome and nee
essary laws are passed they are
largely nullified by the courts upon
technicalities of character which
are not held to invalidate legislation
favorable to the interests Of prop
erty owners, or are thrown out upon
the broad grounds of unconstitution-
atty, through strained construction
of constitutional provisions (p. 44).
Such action is doubly evil because
the power to declare laws unconsti-
tutonal has been assumed by the
courts III the face of complete alb
scence Of legal sanction, in complete
disregard of early decisions denying
the possession of such power, and in
complete contrast to the practices of
courts in every other country (p. 45).
Case after case is cited not only to
support this assertion, but to show
how labor legislation has time after
time, in state after state, been killed
by the courts through this usurped
power, and how the same law is in
terpreted to permit employers to do
what the courts forbid the workers
to do opp. $3.50.
Third, in the administration of law,
both common and statute, there is
discrimination by the courts against
the poor and in favor of the rich
and powerful. This discrimination
arises not only from the economic
disabilities of the poor, which rem
der them unable to hire equally
skillful lawyers, to endure the laws
delay, and to stand the expense of
repeated trials, but out of an ac-
tual bias on the part of judges in
favor of the wealthy and influen-
tial.
Fourth, the courts have not only
neglected or refused to protect work
ers in the rights granted by the con
stitution of the United States and
of the several states, but sections
of the constitution framed to pro-
tect human rights have been per-
verted to protect property rights only
and to deprive workers of rights Sc
cured to them by statute Up. 52).
1t is startling and alarming tc
learn that the sections of the con
stitution defining the rights of citi-
zens to trial by jury, security from