The Washington times., 1922-09-25

will put the judiciary back into its
proper constitutional place"
Mr.. Walsh then gave me the fol.
lowing analysis of Judge Wilker-
sons Injunction and of its political
consequences in the immediate
future in America.
This injunction" he said, "is
only. the climax to a long series OF
judicial efforts OF similar sort.
But the point of It precisely is that
II acComplishes that climax. II tells
this whole country that our ideal
of legislative rule has at last been
thoroughly oVerthrOwn on nation
wide scale.
THE nations legislators. sitting
in Congress, deliberately refused to
forbid the railroad employees to
strike. The idea of foI bidding them
to strike was frequently and force
fully presented to Congress. Con.
gress deliberately and notoriously
rejected it. Now Judge WilkersUn
takes the idea rejected by Congress
and enacts II by a decision in his
court room.
And let every farmer who be.
longs to cooperative marketing
society, as we'll as every wage
Garner who belongs to a trade union
and every American who still be.
lieVes in the right of freedom OF
assembly and freedom OF associa-
ton, note carefully the reason on
which Judge Wilkerson bases his
decision:
He bases II on the idea that the
strike is an obstruction to commerce
and a restraint of trade.
But every strike Is in some de-
gree an obstruction to commerce
and a restraint Of trade. SO is
every action taken by a cooper
ative marketing society in with.
drawing its products collectively
from the market until they can
be sold on terms which will give
the farmers a living wage.
This decision-contrary to the
will Of Congress-erects a rule Of
law totally destructive to the one
economic weapon by which the
great masses of our urban and
agricultural population are able to
prevent their incomes from being
driven down below the living wage
level.
I'm Britain some years ago a
judge handed down a decision. the
effect Of which would have been to
ish trade unions. To combat that
decision the British trade unions
began to elect labor members in
large numbers to the British House
of Commons. The decision was re-
versed in the House of Commons.
The time has come among us
when judicial aggression must be
reversed by legislative action. The
time has come when the people
who toll must protect their organi-
cations in the field of business by
their votes in the field of business.
And l am certain that their repre-
sentatives will take the same broad
view OF national and international
affairs which has been taken lately
by the British Labor party.
"The British Labor party has
just informed Lloyd George that
not one man and not one gun and
not one penny will be available
from Britain for a meddlesome war
in the Orient II they can prevent
It. They have told him that they
are not interested in the freedom OF
the Dardanelles for simply British
interests. II there Is to he a free.
dom of the Dardanelles, they wish
II for the whole world.
That is the spirit OF the repre-
sentatives OF common people. II
is against aggressions and tyran.
nies at home and II is against ag.
gressions and tyrannies abroad.
Judge Wilkerson's effort at judicial
legislation without the sanction Of
Congress is the farthest extreme to
which such an effort could go. I
believe II heralds the day when we
will go back from that extreme to
the principals OF our forefathers
and to the re-establishment Of the
powers Of Congress and OF the
rights OF citizens through political
action In Congress by representa-.
tives OF the broad human inter.
ests OF Americas old.fushioned
democratic masses"