Evening star., 1924-09-01

disinfectant, moral or physical, is
fresh air. The best defense against
the tyranny of the few or the des-
potism of the many is free and open
debate. I prefer liberty, with all Its
perils. including the liberty to make
mista kes, to any system by which the
Government seeks to set itself up as
the universal shepherd of US all.
. Not the least Of these natural
rights is the right Of free contract.
Toward grown men and women, re-
sponsible citizens of the republic. we
cannot and we should n6tF'take
paternalistic and protective attitude.
1t is we'll enough for the Government
as an employer to fix by statute the
hours OF labor of those whom 1t en-
ploys. 1t Is proper and right that it
should pass factory laws.qto protect
the health and safety Of those who
work. Where 1t undertakes to regu-
late a business, such as transporta-
tion. 1t cannot ignore the conditions
that surround the, labor engaged In
that industry. It must defend the
future citizenship of the, nation by
restrictions on child lahor, and in
view of the burden which the duties
of the maternity cast upon them 1T
may exercise a special care for those
who are. or are to become. the moth
ers of the race. But such cases aside,
it should leave adult cases to. make
their own contracts in their own way
as to the terms and conditions on
which their labor is to be performed.
For Voluntary Wage Contract.
"1f Government can fix the hmit Of
a days work in ordinary industrial
and commercial pursuits, It can at its
own discretion, make those limits
long or short. 1t should attempt to
do neither, but leave the parties to
all such contracts to bargain with
each other as their mutual benefit
requires. The wage contract of the
adult, no less than any other con-
tract, should be voluntary agree
ment. Anything other than this I
believe to be impossible. undesirable.
corrupting and tyrannical. 1t is only
when contracts rest upon consent
that those who make them are bound
in morals to their observance. When
labor bargains on equal terms with
its employer, both parties to the con-
tract owe it to themselves. and owe
1t to society, to keep and perform
with scrupulous honesty the con-
tracts they have made.
1T is because / believe in a lib
efty that is above and beyond all
governmental control that L cannot
sympathize with those who would
give to congresses and legislatures,
or even to a popular majority, the
power to do whatever they might see
fit. There is no such thing in Amer
lea as governmental discretion. 1t
is not the strong who need protec-
tion against unwise and unjust laws
nor against the encroachments of
power. 1t is the weak on whom the
burden Of such things is most apt to
a I,~ Sr~H ~
upon the courts to say to every gov
ernmental autocrat. great or small.
Thus far shall thou go and no
further I know Judges are human
and that they make many mistakes.
Men do not cease to be men simply
because you put them in a black silk
gown and set them in judicial
chair. but, on the other hand they
do not become prophets or seers or
sages simply by being elected SEN
ators or members OF Congress or
delegates to a State Legislature.
Well Grounded Complaint.
There is one complaint. however.
which labor has had cause to make
against judicial process which is well
founded.
I'm my Judgment there have been
many cases in the past where the
writ of injunction has been abused
in connection with labor disputes
In:unctions have been issued which
by their terms went beyond any
proper limit and sought to deprive
men of lawful exercise of indispu-
table rights. They have been framed
with partisan ZEAL and their effect
has been to cast upon the courts the
performance Of duties which properly
belong to those executive officers of
the State or nation who are prima-
rily charged with the preservation of
public peace and public order. 1t is
not we'll for society, it Is not we'll
for the court, it is not we'll for the
parties themselves, that these things
should be so.
my views on this subject are not
the result of any newly-formed con-
viction. When 1 was your repre-
sentative in Congress l was given op-
portunity to take part in framing
and defending legislation intended
to correct these evils, to limit to its
tion and to give the right of trial
by jury to those who are charged
with criminal contempt. 1 believed
then, as I believe now, that such
legislation was demanded. If the
already passed is not suf-
ficient guidance in this matter we
must write 1t in palmer terms.
Social and Economic Relations.
"The age in which we live differs
vastly in its social and economic re-
lation and in the facts OF its indus
trial life from the age in which our
was founded. The glory
of our system has been that it adapts
itself to meet the new problems of
our ever-changing life. Labor has
shared and must continue to share
in the responsibility of it's adoption.
It still remains to be shown. how
ever, whether we ourselves are able
to rise to that new conception of in
relations that these
changes demand.
This generation needs no further
lesson Of the peril and destructive