The labor journal. [volume] (Everett, Wash.) 1909-1976, 1922-02-03
By Charles NJ. Kelly

WASHINGTON, Jan. 21.-Recog-
nlzing that liberal, democratic gov
eminent for the United States is out
OF the question so long as a bare ma
lorlty OF reactionary members are
permitted to override the will of the
people as expressed in laws enacted
by congress, Representative J. j. Nc
Swain, of South Carolina, has offered
a bill requiring that at least seven
OF the nine justices of the court must
concur in the opinion that the act of
congress or statute of state legisla-
ture is unconstitutional
Practically every recent important
decision emanating from the supreme
court has been by a five to four
vote, the minority filing dissenting
opinions severely criticizing the ten
dency of the tribunal to set itself up
as superior to congress or the man.
date Of the electorate.
This one-man rule, declares Con-
gresham McSwain, is becoming a Sc
rious question to the minds of the
thinking people of the country.
I'VE hear" he says, much about
lawlessness, about the lack of respect
by the people for laws and for the
courts, and the criticisms are iusti-
field But l call the attention of
congress and the country to the lack
of respect by the majority of the
court for the minority of the court.
1--WE will not convict a bootlegger
without unanimous verdict from
the jury, but we permit the supreme
court by vote of five to four to de-
clare null and void the supreme will
of the whole American people speak
ing through congress, consisting of
533 men, at least so per cent of
whom are lawyers"
Congressman McSwain lays par
ticular emphasis on a recent decision
of the court, given by five to four
vote, holding unconstitutional an act
of Arizona permitting peaceful pick
citing by workers during strikes.
This decision has been widely COM
mented on. By the labor and liberal
press it is regarded as notice to the
workers that it is useless for them to
seek to improve their condition
through political effort.
While five members of the supreme
court place property rights above
human rights, as they have consist
emily done in every case that has
been before that tribunal for the past
two years, it is a waste of time and
money to advocate the enactment of
laws designed to correct unjust con-
ditions affecting the welfare of work.
ers or any other group of society.
The public has had a sorry eXpe-
rience in trying to protect itself
from the eXtortion of monopolies and
with every form of social legislation.
Child labor laws, women's protective
laws, antitrust laws and labor laws
have fallen under the blight of the
one lone individual of the court who
makes up bare majority.
Congressman McSwain declares that
congress has the power to correct this
condition, and this bill to regulate
the supreme court is the first step
in that direction.
Turning Injunction Tables
Labor leaders received with mixed
emotions the injunction decree issued
by a New York court against an EN-.
ployers' association. They got grim
satisfaction out of the fact that the
favorite weapon of employers had
been directed AGAINST them, seeing in
this "poetic justice" But the funda-
mental proposition of the use of legal
processes in labor controversy APP
pealed to them as vastly greater i'm
portance and their opinion on this
matter has not changed in the slight
est degree.
The only basis on which labor could
accept the intervention of the court
in their economic struggles would be
that the courts were always fair and
mpartial-which they emphatically
are not For every judge who would
hold the scales even and give the
workers a fair shake, the employer
would find score who would close
his eyes to the equities involved
while rendering drastic and liberty
destroying injunctions making it diff
ficult for labor to redress in the only
way possible it's grievances.
The use of injunctions by labor has
been likened to the use of poison gas
in warfare. If one side uses the
damnable stuff, the other side must
employ it in self-defense. But that
does not change the atrocious nature
of the gas. Two wrongs never made
one right. Labor would forbid the
nse of the Injunction by either side in