Montana labor news., 1936-10-22
PEN FOR u N
Nolan Replies 10
Firemen in Matthews
Versus Angstman


To the Editor of the Labor News,
co Silver Bow Trades Council,
Butte, Montana.
Dear Sir
There has been called to my a
tention an article appearing in your
paper under date of October 18TH
1886, in answer to a previous COM
munieation of mine inviting scru-
tiny of the record of the Honorable
John Matthews, by labor.
A number of cases are set forth
in this later article which, it is
claimed, demonstrate the hostile at
titude of Justice Matthews toward
organized labor and concludes with
the following statement I'VE are
publishing the above cited cases SO
that Mr.. Nolan or any other ad-
herent of Matthews may correct us
| if we are wrong" The article is
signed by Robert M. Delich, as sec
|retary of local 96, International As
sociation of Fire Fighters
l hasten to accept this challenge
for the criticism in the article in
question is not only wrong but
childishly unfair.
Before proceeding with discus
sion of these cases, it is well to call
attention to the proper functions OF
courts in deciding legal questions
Two courses of action are open to
the judge. He may turn his ear
away from popular clamor, minor
ity group pressure and decide the
issue as becomes the duty and dig
nifty of his high office regardless OF
political consequences, or, he may,
with one ear to the ground, prosti-
tute his oath of office, submerge the
Judicial conscience, usurp the legis-
lative functions and succumb to the
siren voice of political expediency
A judge with grain of honesty
or integrity can only adopt the first
course. The judge should never per-
nit himself to indulge in judicial
Legislation. His function is merely to
interpret the law as written by the
Legislature.
In the majority of cases, except
in those rare instances where the
legislature has left some ambiguity
in the wording of the law, which
permits of judicial latitude in ar
irving at legislative intent, the leg
islature has placed the judicial mind
in legal straight jacket, which it is
the duty of the judge to maintain
regardless of what his views are
concerning the policy or wisdom OF
certain legislation Again, the courts
are allowed some latitude in declar-
ing laws unconstitutional which con-
flict with those provisions of the
constitution wherein the people have
denied the right of the legislature
to interfere without further grant
'of authority.
AS indicative of the proper func-
ton of the judge in applying the
law as written by the legislature,
find it difficult to improve upon the
language of Justice Matthews him
self in the so-called Maxi case. Con-
fronted with plain, unambiguous
statute, whcih prevented the court
awarding any relief to the plaintiff,
Justice Matthews said.
I'VE agree that the provisions of
the compensation act should be Civ
en- liberal construction in order to
do justice, and for this reason, we
have gone to greater lengths than
did his learned counsel in seeking
to discover in the record some evil
dence on which we could say that
the claimant showed either timely
written notice, or its equivalent of
actual knowledge on the part of
those persons enumerated in the
statute, but have found no evidence
on which we can relieve the claim
ant from the declared result of his
own neglect. No rule of construction
can justify the disregard of a plain
mandate of the law. In the construc-
ton of statute the judge is simply
to ascertain and declare what is in
terms or in substance contained
therein, not to insert what has been
omitted, or omit what has been in