Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-09-15

where the press Is free and every
man able to read all is safe"
The courts themselves in recorded
opinions, and judges in formal dis
sents, have repeatedly and frequently
denounced the alleged tendency Of
the Federal iAd;eA@ry. 10 extend its
power By implication and by con
struction so US to minimize the CON
stitutional influence Of the legislative
department and break down the
sacred guarantees of the Constitution.
Many OF the ablest lawyers, whose
labors have glorifed the history of
the American bar, have taken oeca.
sion in public addresses, IN briefs,
and in arguments before courts to
protest what they have termed the
encroachment of the judiciary upon
the powers of other departments.
These fears and these criticisms find
justification in the eonscieuces of en-
lightened citizens, who realize that
the surest way to discredit American
justice and the courts established to
administer ii is by usurpation of
power on the part of the courts and
the inevitable undermining In the
public conscience Of that confidence
and respect in the judiciary which
are indispensable TO the maintenance
of law and order. The perpetuity
Of the American judicitl system de-
pends upon the fidelity with which
Federal judges observe the limita-
tions imposed by the Constitution for
the exercise of their powers, and not
by the readiness with which they dis
regard those limitations in conform
ity TO alleged public opinion.
Ruin Must Follow usurpation of
Power.
/ Corruption and decay, ruin and an
archy, inevitably must follow the
prostitution of the Federal judiciary
to proceedings violatiye Of the funda-
mental safeguards Of liberty and con
formable to the varying moods Of
public opinion.
This principle Is generally and of
far greater Importance than the con
servation Of public convenience or
comfort. Ii must be rigidly applied.
No exception can be justified by arbi-
trary court orders, even though
acquiesced in by the public in the
anxiety Of citizens TO secure indus
trial peace. The Federal courts on
the pretense Of public convenience or
necessity can not exercise power de-
MED them by the Constitution to the
impairment Of rights or the abridge-
ment of privileges which the Con
gress itself is forbidden to ignore,
abridge, or impair.
The question of fact and Of legal
Interpretation as to whether the in
junction issued by the Chicago court
in the shopmen's strike Is open to the
objections mentioned, or TO any of
them, involves consequences which
transcend in importance present in
dustrial disputes, and which are asso-
ciated with the future happiness and
liberty Of cur people.
Il may be that instances have
occurred where strikers or their SYM
pathizers have deliberately con-
tributed 40 the impairment Of rail
way equipment, and in all such cases
penalties should be imposed with
promptness and with frmness. The
correct procedure, however, is By in
dietment and prosecution so that the
accused may have a trial and be CON
fronted with the witnesses against
him.
On the other hand, the diminution
in the railway repair forces, caused
by the shopmen's strike, and the en-
ployment Of less-skilled workers in
their places, as everyone knows, has
caused bad-order condition in many
cars and locomotives, and in spite of
the constantly increasing number Of
repairmen being employed by the
railroads bad-order ears and lOcomo-
tives are accumulating by reason Of
natural causes. This condition will
continue throughout the early future,
/ because the railroads can not secure
repair workers sufficient in numbers