The labor world., 1922-12-23

progressive conference neld III "aSn-
ington recently the one delivered by
Samuel Gompers created consider
able enthusiasm. He said In part:
"while the history Of American
political life is one Of party govern
1nent in which as rule two major
parties have contested for control,
it must be clear to all thinking men
and women that there is terrific
influence for i'll in our country in
party domination and particularly
in the allegiance to party by which
many Of our people are primarily
governed. Much of the political evil
that we have known is traceable di-
rectly to that unquestionable alle-
glance by which party obligation Is
placed above principle and above
country. At the present we are en-
titled to hope that this blind adher-
ence to political parties and the
equally blind disregard for the prin-
ciples or lack of principles of those
parties is being broken down.
"Experience has taught us, how
ever, that in political life we can
take but little for granted. We must
devote unceasing energy to the task
OF educating our citizenship to the
point Of placing principles above
party allegiance in every case. An
educated and alert citizenship will
know how to restore control of our
government to the people and will
know how to abiogate those assump
tions Of power and how to undo
those misuses or power that have
cost us so dearly and that have so
deeply eaten into the fabric of our,
liberties.
Largely because Of unthinking
loyalty to political parties our courts
have been able to steal away powers
which it was never intended they
should have: and this assumption
Of power by the judiciary, wholly
unwarranted by the Constitution, is
one Of the most important causes Of
the loss Of the control Of the gov
ernment by the people.
1.-The judiciary has assumed the
power to invalidate and declare un-
constitutional laws which have been
passed by the congress and which
have had the approval Of the presi-
dent Of the United States. This as
sumption of power is not only in
direct violation of the Constitution
but it is in conflict with the prin-
ciples Of this government which was
intended to be of. by, and for the
people of the United States.
mo matter how the peoples will
is expressed; no matter how over
whelming may be the numbers Of
people committed to the attainm ent
of progressive, constructive legisla-
ton; no matter if this deternnina-
ton is expressed in accordance with
the Constitution through the repre-
sentatives and senator's in congress
and with the approval Of the presi-
dent; Notwithstanding the fact that
the members Of both houses Of con-
gress may be elected upon the par
ticular Issue involved. the judiciary
has assumed the power and exer1
cises the power to annul the will of
the people.
THE judiciary has assumed many
functions and has exercised much
power in conflict with the Constitu-
tion Of the United States. The judi
ciary exercises the power to curb or
prohibit freedom Of speech, freedom
Of the press and freedom of assem-
blase. The judiciary has, by this un-
warrantAbly assumed power, through
the injunctive process substituted
personal discrimination for trial by
jury. say without the slightest pos
sibility Of contradiction that the in.
junctive process as used in labor
disputes Is the result solely and en-.
tirely Of an assumption of power on
the part Of the judiciary.
Every powerful government in
the history Of the world which ha:
aimed at the imposition Of Injustice
and tyranny upon the masses of its
people and the denial Of the right.
of the people has had some lega
advisor to justify the course tina
tyrants or would-be tyrants had II
mind.
1.-The Roman empire fell, not from
the attack of savage hordes,- tina
was a result. The autocrats Of tn.
time first prohibited the freedom o
assemblage, and hence the freedom
OF speech was destroyed. They hat
no means Of other communication
such as we have in the press of mod
ern times. With the prohibition o
free assemblage and free speech
tyranny and injustice were imposed
one upon the other, until the peopl
had lost th&r love for liberty; o,
because Of their inability to exefcis
liberty and freedom Of expression
when the critical time arose to de
fend the Republic there was no pa
triotism left and the Republic fe]
an easy victim to the on-rushin
hordes.
1T is necessary, If we aim to rt
store the control Of our governme1
to the people, that every attempt 6
judicial assumption OF power or tn
attempt at legislation to curb or re
strain the freedom of assemblas
freedom Of speech and freedom c
the press must be stopped by ever
normal and natural power inheren
in tho people Of our country.
1T Is necessary for the citizensh]
Of tho United States to. organize 6
citizens without regard to polite,
party affiliations or political part
X obligations, faithful to the RepublI