Omaha daily bee., 1920-01-22
The Chief Issue for 192O---
The Supremdcu of LaW
From the Central Law Journal.

TIoIu tnS NSutIdl Law JouInaA'
When Judge Anderson of Indiana recently
sentenced the president of the Kansas Coal
Miners union for contempt for not calling off
strike as he had been commanded to do, he
declared that it had become important in these
days to determine whether any organization or
any. class OF citizens are above the law.
We have no intention to discuss the merits
OF the particular case; we wish merely to use
it. and the remark of Judge Anderson to call
attention to what we regard as the most seri-
Gus phase of the present unrest
No forward-looking citizen is alarmed at the
multitude OF proposals to change the law, no
matter how radical or fantastical such proposals
may be, for SO long as citizens are content to
achieve the realization of their dreams through
the normal processes Of legislation there can
be no serious harm to the state, even from ex-
perments in legislation which may later have
to be discarded as impractical or unworkable
But when men with dreams are not content to
wait upon the consent OF the majority to put
their dreams into effec. but talk about putting
down all opposition to their will by force or
intimidation, there is reason for every free
American to set his jaw and square his shout
ders and be prepared and viglant to defend his
dearly bought liberties.
We do not wish to defend the so-caied prin-
ciple of government by in junction" The writ
OF injunction is an ancient writ intended origi-
nally to grant relief where the common law was
unable to do justice. Its issuance has always
been carefully guarded by the courts and it has
issued only where there wa. no other effective
remedy. The demand OF the labor unions that
they shall be exempt from the compulsion of
such writ while all other persons shall remain
subject to it is presumptuous in the extreme
A labor union can easily become as dangerous
as monopoly ever was. and the law cannot af
ford to dispense with its only effective remedy
to deal with a situation which may threaten
not only the rights of individual citizens but
the very life of the nation itself
But whether there should or should not beN
restrictions placed upon the power of the court
to issue the writ of injunction, the duty of every
citizen is to respect the law and the order of
the court enforcing the law until the law is
changed. Any citizen who declares there are
some laws that he will not respect, or that
there are some officers of the law whose au-
thority he will not recognize, is not a good
citizen and should be promptly put in the cate
CORY of enemies of society.
Let US be careful to put our finger on the
real danger spot. 1t is not in socialism nor
any other platform for the reforms of society
or government. 1t is not in attacks upon capital
or upon officials or upon social organizations,
or upon customs, or even upon the law itself.
Everyone has the right to criticize existing in-
stltutlons customs and laws: everyone has the
right to turn the spotlight of condemnation on
pubic othcIals, and even Judges are not exempt
from such criticism. But the real danger is
when men, members of free society like the
majority and threaten to defy the law that they
are unable to change through legal processes
The man who would destroy society in
which he has equality OF right with everyone
else because forsooth the ajority of his fellow
citizens will not accept his legislative proposals
IS either very ignorant of the essentials of
free government or he does not believe in a free
government at all Free societies have not dis
covered any better way to settle strife and diff
terences of opinion in the state except by in
voking the will of the majority That will be
comes for them the voice Of the people, which
IS also, for the purpose of that government the
voice of God.
Respect tor law as representing the collec-
tive will is essential to the stability of every ma
ton. No matter how citizens may differ OH
matters of policy and government all must
agree to abide BY the result Of the ballot: all
must bow to the will of the majority until this
will is changed by an appeal to the reason and
conscience of the people. To attack the ballot
box with club is to strike down the most
sacred right of free man-the right to be his
own sovereign. Men who attempt such course
are fit only to be ruled by an autocrat since
they are unfit to rule themselves.
Respect for the courts is lust as important
as respect for the law, because the two are in
sseparable. The courts enforce the law in de-
Tense of the state and of the rights of the indi-
vdual citizen, and no man would be safe or Sc
cure in his life, his liberty or his property. il
will of the nation to which every other will must
submit. To resist the process of the court is
therefore to defy society itself and set at naught
the most important sanctions that guard the
most cherished rights of free men,
For 1920 the chief issue is the supremacy of
law, We do not mean political issue because
political parties could never divide on such an
issue. We mean that it is an issue raised by
foreign intermeddlers in our affairs A few men
have thrown lot of dust in the air and many
people have become confused and cannot see
clearly where their best interest lies It is
therefore the duty of the bar. not particularly
to attack this that reform as a political
heresy. but to hold up to public scorn and con-
demnation the most terrible of all heresies-the
idea that a man can drive dagger at the very
be able and willing to furnish him with that
protection to his rights which he so vigorously
demands.