Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1924-12-12


the courts an impossible jurisdiction
over all industrial happiness an3
welfare.
TIE injunction orders have he
come more and more comprehensive
ard reaching in their provisions
until they eliminate in the Shopmen.
Injunction order. Every thoughtful
lawyer who has not already done "a
should read that order and mediate
upon its significance. In so doing he
should have in mind that during the
shopmen's strike in 1922 nearly every
one Of the two hundred and siNiN-one
Glass l" railroads and number Of
short.hne railroads applied for ~
functions in the various federal eeutts.
No applications were denied, In all
nearly three hundred were issued.
"The courts are the protectors of
the rights of individuals and minort-
ties" according to candidates Coolidge
and Davis, and the corporation law
yers who control the Bar Association.
What bold, hypoeritieal and viz
lent perversion of the TRUTH The
sole and only danger to constitutional
liberty has come, is coming and will
continue TO come from the courts
"lnjunctions have restrained wotkmen
from peacefully persuading or Undue
ing others to do that which otherwise
has been deemed lawful to do, from
peacefully communicating informa-
ton; from peacefully assembling
from enjoying the right Of associa.
ton; from the enjoyment Of free loco
motion; from the right to quit work
and pay strike benefits; from the
right of free speech and the right Of
free nress, Any attempt on the part
of the workmen enjoined from the
exercise of these fundamental and
constitutional rights is held to be In
contempt and subject to punishment
according to the judges Conscience >
There is not one single right guar
anteed either by the American con-
stitution or the common law that the
courts have not abolished. When the
right of trial by jury, for example,
is set aside that is a violation of the
sixth amendment to the Federal con
stitution which srovides that;
In all criminal prosecution the ae-
cused shall enjoy the right to
speedy and public trial by an impair
tial jury of the state and district
wherein the crime shall have been
committed.
The Remedy
The remedy Is simple; the aboli-
ton of government by the courts.
Let the courts be restored 10 their
normal functions as set forth by
Senator Pepper. Let them be given
the same position of independence and
dignity that they enjoyed in England
and other countries, but let them be
deprived of all further power over
individual liberties, and all further
rights to twist and interpret legisla-
ton and constitutions to suit he pur-
poses of the high paid corporations
who argue before them.
Great Britain at the time the Brit
ish Labor Party originated, namely,
after the pernicious Taft Vale decis-
ion, enacted legislation which has
effectively terminated all invasions of
the courts in the field Of industrial
disputes. Briefly, the British Trades
Disputes Act, recommended TO the
Jaw stiH VI 4AHAfiANA ~
Senator Pepper, provides;
/. That picketing shall be legal.
2. That the acts done by labor or
in trade disputes shall not
be regarded as conspiracy, and
3. That ian act done by person
in contemplation Of furtherance of
a trade dispute shall not be actionable
on the ground only that it induces
some other person to break a contract
of employment or that it is an inter
ference with the trade, business or
of some other person OF
with the right Of some other person
to dispose of his capital or his labor
as he will"
Thees and other provisions put an
end to the injunction in England
without leading to any excessive VIC
lence or any other industrial griey-
ance.
But all legislation in our country is
likely to be rendered of no avail by
forced Interpretation OF the constitu-
ton by the Supreme Court, as well as
the inferior courts.
II is therefore necessary to bring
Vic NDnl - hlbit hAhti hilf NhIhA1i 80
Congress and of the people. Labor
therefore advocates giving power TO
Congress to enact any measure by a
majority after it has been
declared unconstitutional by the ST.
preme Court, this enactment then be
coming final. Labor also advocates
The direct election of Federal judges. |
The reactionaries make the absurd
claim that such legislation would de-
prive the courts Of the desirable in
dependence and would also deprive
them Of all power to interpret the
1t is only necessary to
exactly what is proposed 10
see that this statement is absurdly
false. The president is not deprived
Of his veto power merely because Con
yress is able TO pass laws over his
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