Newspaper Page Text
Autociatic Powers of
Our Judges Must Go
FROMf THE FEDER:1TIONIST.
l'o staplp out child labor and safe
guard life. cbngress had enacted a
law whlihl denied the channels of in
terstatFecomtilerce to goods made in
factoriel whoi children were em
ployed. ,Despite the rallying of well
lknown and capable constitutional
lawyers to the defense of the statute,
it was held unconstitutional by Judge
Botd. of Gretnsboro, North Caro
After the supreme court of the
United Slates sustained Judge Boyd
in, his decision, congress included a
prbvision in the revenue act placing
a privilege tax of 10 per cent on
products of factories employing chil
dren between the ages of 14 and 16
were required to work longer than
eight hours a day.
Every right-thinking person u p
proved- this legislation. All citizens
firmly believed that the day of tor
titre and misery of child lsbho1 was
fast nearing its end, that sunshine
and happiness was at last entering
into the lives of our children and
that the door of our playgrounds and
schools were about to be lopened to
every. child, however poor and hum
ble its parents might be.
.Ehidently the life of every child
is not yet ablaze with the light that
is coming. The law of love which
dominates the home is not yet to be
--applied :10o ' fatory if the United
States supreme court sustain" the
tmos'tt reoeut decision of this selfsame
Judge Boyd in.which he declared un
t'constitutional. that section of the
revenue .act intended as tihe mlagna
eharta of our children and enjoined
the enforcement of this law in Char
lotte. N. C.
The immortal sentiment in the day
of Terence: "Nothing human is
foreign to me," contes from the
mouth of a man who is advising his
wife to kill the child unborn instead
of exposing it in the tmarket place to
be carried off by beggars or brothel
keepers. While society today will
not permit the slow killing and tor
tuaring and dwarfing of our children
by its submissive acquiescence in this
brutal and degrading decision of
However humiliating and degrad
ing this decision is there is involved
iti Judge Boyd's actibn an issue o<f
far greater import and inmore serious
in its consequehides to the rights and
ijrivileges of free men and democra
tic institutions. Judge sBoyd in re
veiting the expressed ' ill of the peo
ple, manifested by a co-ordinate
bra#ibh of our government and by
injunctive decree directing that in
distrial savagery shall not be inter
fefed with emphtsizes the imntedi
ate. and -urgent question as to wheth
er the people or 'the jud!ges are the
sovereign power iti a land of the
bratte dad free; whether the people
or-the -judges are the masters of the
destinies of huntan kind.
When Louis XIV said, "I, aim the
state," he summed up, in a few words
all the literature and dogma of thou
sands of years of tryanny. * *
It has cost mankind a great deal to
change the pronot.t "1" into "'We"
and to inscribe on the stat.e houses of
the world '"We. are fthe state."
The fate of the sovei-e'ignty of thie
American people again hangs on thht
samne pronoun. In the steady growth
to .iberty the American people now
find their path barricaded by the as
srumed righlt of out judges to veto
whhteve" .legislation the peoplle de
malnd- attdtby injunctive decree enact
legislaiton that. the peopld do not
want.. It is inconceivable that such
Would Make Republic
In British Australia
-II': M.w ItErIils IN N.IW OI11 CAl,;:.
sTDI7ý .1 :,i. !htt July 9.
Agitationi fnr aii- Australian republic
;free of English control is increa:silgI
here. There, are ml'any 'Irish people
ill A.ustralita who .want such a re
public 'ad .would like EnIglish con
trol cast aside forever.
But there is apparently not the re
motest 'chance of the 1 uglish gou
ornemnt letting Australia go its own
A miovemeint is on foot for lit
formation of an Irish party, with c,
:strong political program.
During the war dinu Feinism ob
tained a footing here, and an orgalli
zation was formed. The conmmon
wealth government, however. set its
secret service men to work. and the
result was many arrests and the ap
tohltnient of ii royal comm ission lt
inluire into the orgauization.
nternmelllllt Arou Irish.
....To taking of evidence in Sydney
I1iltd 'over thr'ee, weeks; and thli
lintding of tlhe -commission wias
against, s.ome of the Sinn Feiners,
who.. were .internell until tlh armi
stice was deqlared.
Irish 'feeling rat high over this
ioqltiry, 'amd it wds, ubt many week.s
after the suspension of lostilities ihi
iEui-opo,..that leading' Irlshmale be
eltme 'active. Organizers recently
have been work ing. night and *day
getting-their forces together.
'Phll Irish party hopes to exercise a
.:stiohg'' political influence, afld tine
prospects are that it will do so. A
large pact of its nmemnbeiship come,
froin thie Nationalist,l Iabor ant re
t ui'ned 'sodier groups.
As. shlQwing 'the strength of anti
I:ntlsh .feeling; on last St. Patrick's
iaUy only the Irish and Australian
flags were cai'ried in thie procession,
in several towns th-oughout the con;
SNAPPY NEW MODELS
You will fitid Ihen, a.t d uI r Stl're
:Soimetliii, diff'ee llre fInrom vwhaI I lad voe. Take a l.uk
lver ur i . i.ie of god s - thei p'ices are right.
A SUIT MADE FOR YOU ................. .... $25 AND UP
Sate frInomn $10 i t ou $15 un iu. .at alle]]d fo, suits.
They are clq.ss\ .
THE FASHION TAILORING CO.
Mi MORRIS. , 47 W. PARK
.L.L](~ ~ ~ . -__ -- _ _I . .
an autocratic power can long survive
in a democracy. One or the other
must ultimately give way.
The course, of Ihie American in
diciary is an apt illustration of the
dangers of a progressive use of pow
er and of which we have had ample
warning. The power of tihe Ameri
can judiciary to say that "It is jhe
st:ite " and to reverse the actions of
a co-ordinate branch of the govern
mont is a power which was never
granted to oulr c(:ourts or judges by
the constitution and is a power which
Jefferson long ago told our fore
fathers would make our supreme
court the master of America. By the
gravitation of power, our courts have
pushed themselves into an inevitable
suplremacy. They not only clainm the
right to set aside the expressed will
of the people by declaring legislaution
enacted as being unllconstitutional.
hut they have also set themnselves up
as the creators of new crime, with
out debate. without legislation and
even without notice, by proclama ons
called injunctions and by which they
punish without trial or other safe
guards to personal liberty all who
disobey their edicts.
De Tocqueville tells us that '"He I
who punishes infraction of the law is,
therefore the real master of society."
Thie American judges do not only
punish those- who violate the hlw-
they even make and ilnmake thie law;:
of the land.
Nowhere in history has the judici
ary ever held such sway over peoples
as do the' julldges ill our great re
public. The courts of Great Britain,
New Zealand. Austria, France atld
other democracies of the world harve
ino such sovereignty and cannot and
date not ovellrrule the other deparl
Inints of governmentu and override
the expressed will of the people.
The judges in England once, and
only uince, held on act of parliamlent
invalid, and then Chief Justice Thes
lian was hanged and his associates
were banished to France. They have
never attempted a similar feat.
Jn England this autocratic power
of the executive has not been exer
cised in any case for more tllhan two
centuries: and by recent legislation
when a bill is passed by the lower
house; the representatives of the peo
ple on two occasions, it becomes a
law in spite of an adverse vote of the
upper house. Yet. England is not
governed by a mob and there is no
occasion to become frightened at
In England the king had the un
questioned and absolute veto power
iand it has not been used for two
centuries'. In America the president
lias a veto power, hut congress may
overrule the veto of the president. In
America. as in England, the courts
have never had the power` to cast
aside an act of the legislature ai.dl
our constitution does not give themi
that right. In England they hanged
the judge who dared to asntime a
right and in America we pernit our
judges to continue this u1n1warranlteid
assutlnption of power and agtnithit
which even congress seems helpless.
Let it be remembered that the
Arnerican people once before alld liy
force of narms resented the lintrusidin
of ourt courts on the rights of a freei
people: The Dred Scott decistinq
fired the flame which drew this ta
tion into civil war. The waves of
this contest have not yet entirely sub
sided and like the proverb in 'wind
swept Spain, a land of - windmills,
"Through the mills are down, the
winds are' blowing there'still."
monwealith. The Uniol Jack (lid uot
appear in.thiose places.
"FkLIhtrarriti, it hind English l'Iag.'"
At a- garden e 'le held at the Chrijp
tian Brothers' college, St. Kilda; M bel
bourne, quite recently, Archbishdp
Alannix was cheered when he de(
elared out1spokenly that .rela nd's
critics we re always paying I hat Irish
men were continually grieving over
patst wrongs. but could it Ie saidt
that the IiEnglish flag w\as co'(tlitn
ino barbari tits'
He read a letter front Ireland itn
which the writer said that the Irish
at home lacked the "tfreedom tIhe
:Australians enjoy." This portion of
the letter was greeted with consiti
erable excitetilent, as the hearers con
nected it with the activities of the
royal commission against the Sini
Leaders of the Irish party move
mentti have stated that they are re
coiving strong moral supptort fromu
friend, of Ireland in the 1.nithcd
.,,.T,.MAN I\J.1530 ).
A. I. Itunddlad, a streetcar motor
man, sustained a fractured leg yed
y terna- afternoon .hen hie was . structlh
by an alot:lobile at Park and Main
streets. lRuniddlad had just st.eppledi
flopl his ear when he was hit by the
auto. He was irushed to St. .lanle:
hospitial_. where his injuries wee
From Minneapolis ILA Ill 1 Iel:VI' e
In the current nuotci r of thle
imericaan , FPderationist. M1atthe ,'
Welli, newly elected lie' ,i.'dent 'f
'11e American I-'id.lral oi, of llabor.
has tan editori.al t:l:h I ;1 "i Diu
W ith a few loa ner. a ,t '1 : 1ie dl,'
. diOniss the idea of "One Big
Union" *as a drealll which cannot I
come true. The last two ari'agraph:;
of the editorial are as follows:
"That men and women waste their
efforts in such fruitlless endeavors
as that of the 'one big union' is re-,
gre aole. 'it collintl d i efforts of i
Aill lotng right lilnes ou,1.;t to be tiff.
:tall of a' lrn . 'I::u i..i.. d y tLe
ote b"g union umo(1 i , ii we
leing it today is ain it i i i pro lc.
of the uinsoti ling i 'l m t's of 0 t i.
wait. It is an effe_ oi u, rr lm e Indon.
'nlotional uph a.t\ l . .\lre.dy it i:
"lear that the ml O\'ater nlt is doo mn e
.o ea rly fa ilu re a s it *,as a lw ays c I .h
.hat It it tins (do ne!el to uliimiato fail
i 're. Persons whl;o rn, t( t nclus:io ',
anti formulate iolict'c tlhrough ti1i: I
~lo'('esss of cru,:,ion, can agree upl l: 1
.,onclus.ions and poldh;e: and rlma.:
tlithful to I 1IO: ionclusions att1.
those policies. P'er'sci s whIo arri\
it conclusions t lroilgh processes oi
elotion and who formlulate poliicl
:o fit coIclusiorns so reacched, ire cer
tain1 to tiln thl mltselv('s in disagr'ce
ment quicrly. Emotion is not slable
Passing hbrezes blo it hither anld
beyond and itrellndet. it thet llmost unt
;table of all things.
"The xworld hat; known powerful
lemlotional mo ementis. T1'h,' 1Ioa
ploweriful lthe emotion ithe more tent
p woary power the emotional nior\
lcent lhs hId, Ibut ill eery clcet'
sooner or later, with the cooling ot
the etnotion and Ilhr disagreen!eni
of the lllotionalists. disruptio an .
f'altlae has bIeen the ,;ellel. O Mov,,
imcnt fouited upon reason anlt
findful at all times of the actual
facts.I of life have Coolle through ciel.
turies, working and exerting the,'
steady and ordered influence u(luo
tile progress of society. There is
nothing about the present situation
to alter Ihe case. l)reams are witl,
us all. but lie who attemipts wltitc
dreaming to make his dreamt cootm
true is doomed to sad and bitter di -
'IThesC paragraphs appear oni paget
f18t and i19 of the Federationist.
lnd as we read thetm there kept pass
ing through ou1r miind somie versbe
that Berton Braley had written.. We
recollected thit lie had said soite
very encouraging things about tlt
IDrealter. but we could not exactly
bring .ltell to mlid. We turned at
other leaf in the Fedcrationitt, auti
behioldl tliere on page 621 was t.e
Braley pden of which vwe had be n
\Vice President \Voll was very but}
itt the 'convention, we understand,
while the Feederattonist was being
made tip and printted. It may lit.
that the' make upll aln on his owe
iini tiatie slipped in the poemi as a
space filler and at the same time a
cohtrast to the Woll editorial on the
"'One Big Union." A make up Imalr
is usually dtcidedly Itmindful at ull
timets of actual facts. liei was prob
ably aware of the splendid answei
the last verse of the poem was to
the WVoll etlitorial, or it nmay ha e
beien that Mattilew inadvertcntly
sent down the poem himself.
Anyway, the fout'h an11(1 last verse
of lBraley's wondtlrful poem ':'.tlil
Thinker." the clima\x verse, pays tiltir
tribulet to the Dreamlller:
"light of the roaring boiler,
Iortce of t1.i engine's thrust,
tl'r:llglth of the sweating toiler,
Greatly i 'thee we trust.
But back. of thenl stands the schemot.
SThlie Tht.inker who. dirives thtlti
Backr of the ,lobh---the I)GEAMEi;t
Who's mtaking the dream cptuli
And so it has been through time
eternal the scoffed at dreamer malk
ing his drealn come true. F,'ultou
the dreamer who dreamled. the steaml
propelled boat sending his card ill to
Napoleon seeking to tell him that hl.
could build crafts to transport. hi.
troops to England which would hb
operated by steal and not d.epelldent
upon the varying and dublious wind:,,
and the wise and masterly Napoleon
sending out word to the waiting F'ui
toll. "I am too busy to talk to fools.'
W'stillghouse. attempting to gam all
illtcr\view witih Vanderbilt, the rail
1ailgniate, concerning the air brake
which helit hid dreamed. and Vander
bill, sending back word, "I haven't
timie t alk to fools who think they
can stop trains with wind."
iut tloday all ibots aire propelle-,e
wit i site t . andi the air b'rake i
useti on eilery train.
TheI'lltre \\as t'olunltbus with Itlie
tiieiit of a tnew continent antd beeing
able to rea'ich ii l a water routte
and tlhi, peoplt of t.Onoa tappilg their
foreheads its he pas.-ctd on the streets.
It signift3 that the was crazy. But.
Ct olnmtibts, the 'Dreamer, did discovot
Anlcrica. despite tihe doubters of hi,
dtay. despite his crew who in the last
lays of the oyage put himi in chtaiut
alid threatened it throw hlilll over
board, until tihe setaw\'ed began it,
appear otn the surface. aind othlir
signs of land Intrifet hemleselvc.,
then Collumbus was relecased and thlle
Dreamer became a hero.
I\'ho are thle tetn who 'tadvocate
and fOSter.titis.old and logical idea ,t
'"One Big, IUnion?" W\hat liind of
Dreamllers are they? I)o they' come
from the stift cushions? No- Tilt.,
are the men who hlave suffered -adid
sacrificed in craft strikes wheln a
single ullion attenlpted to comlbat th.
allied forces of capitllisml. They ari
the imen who do the Iheavy. rough
wolik of the world. They are the
ItIei who ride the boxcars atd walk
til'e dusty ro,tds. sleoep in the junghtla
rather thlan flood the cities and brca;it
the wage scales andl lengtheni the
hours of labor. They are the men
who have had to do with the glllnl
realities of industrial lifte, whlo hale\
seen theut not throughl office witi.
dows. illt by con!tact with the
adainmaunatl is of industry.
l The "'One Big UInion" is not tihe
ideta of iteorists anlld so-called llltt
lectuals it is the senste whicih titl
"One lig, Union'" of dollars has
forced into the hearts In'd heads of
those weho have i ttitffe'red inl cllfiict
- I with thi'"One Big Uaion" of dollyr:
It is solidarity. It is hope. It
the herald of the cay vwhen power'ft
labor will be able to focus itC powt
:. and wield it not scatteringly and it
eftccttually, but as an unconquerab'
the unit. .
c. 'Aboaru the ship of Labor there al
it these who doubt even as Coillnbt
'- wvas doubtcd by his crew. But tl:
hi signs and evidences of the inec .i
of "One Big Union" daily i pro.
hI.. emselves ton the ra nk altd f.
lig "who stand in tile trelcihe:; ,:f Labor
not brttle line.
ph. 'The argunilt. ut of e cxeuliv\-e
.,1e A. F. and L. in the past. if N
eir :orltf:ctly re'ollect, was that It(e I'or
ors of the A. F. of L. itself permnittc
re- tie baillt unltet at.iOu as touted .1
uf ai ned by "One Big Union." \'il
tit. lCe sasnctionl of strikes in the hiin
l.e ,11 it:ll rn.tional ex"cutive3's rhi:,
a. .li'fficult of accomplishment.
a . It appears to a p(,olio way i
he neot a critical situation to call tl
u. tOne Dig Union" of workers a ldrea
i: tv] o capitaltism Conltinllue to hecon
0 tor1'e inld more a "One Big I'nion
, hat executive heads of the iedc.
il :ion should attempt to dismiss t!
,ubject by labeling it a dreaam is r
he grettable. It is not considere dt i,
or: light a manner by the rank and fli
.1: ic is their hope for industrial fro
l: .loin and industrial denoocIacy.
iv .. As in the past these, so-calt
o, aIrela11s of touay will tomorrow I
'ic Idmitted to have been very practico
or. The prophecy in the followir
,, ines of the poet Mackaye will aga:
i1~ nicie true:
un. The iman is thought. a fool or knav
Or bigot plotting crimne,
ft. \Who for the advancements of Ih
nt. Is wiser than his timle.
-,, For him the gibbet shall be built.
ite Fr him the axe be bared.
eI' For himi the helnlock shall distill.
1 For himl toIe stake prepared.
M-lin shall the scorn and wrath i
~1n3 Iii rsiue with deadly aim
ual ndtl malice. envy, snite and lies
.elI ..:Shall desectrate his name.
But truth shall conquer at the last
ol 'A' round and round we runl,
i' For ever the right comes uppernlo
iol And ever is justice clone."
1lil 'TOl T.RAIN ATHLETES.
., I Firee classes in athletics for ho;
di-- of the city have been inaugurati
by the Knights of Columbuns. TI
Sclsses will be held three afternool
list. a week with John Sullivan, a we:
kinown local athlete anlt return,
3e. .':.r veteran in charge. In adlditit
We to' gymastic exercises the youngste
ne 1'11 be taught to swini and box.
--1 REMOVAL NOTIICE
1111 Dr. W. C. Mhatthews has movo
'l from 217 Daly Bank building
Srooms 45-46-47 Owsley block. C
fire hours and phone number 'ti
'srne.-Adv. 1. Jackson acted as auctioneer.
-~.Is the WVorkingman's Pape r
The work of making this paper
..l successful depends not so much
on the management as it does
upon the efforts of its supporters.
The Workers should encourage
the merchant whose advertise
ment is found in the columns
Sof the Bulletin by giving him a
liberal patronage. It requires
some nerve these days of Iron Heel sup
pression to stand up and be counted. All
lovers of liberty and a square deal must
[@ STAND TOGETHER
It Is Up To You, Mr. Worker
t' iSA TURDA Y
I Golden Rule
i'. Shoe Store
! its ll $7 woinen's pumps
.ed 1- All (i I $5 ,"
h i ill--" $ .- 1
h. . ... .......
SilS ut -shoe . il al
i i e $2.7
3 E. PARK ST.
a Everything in the store I
i sold at cut rates.
S TRAVELING BAGS
it ONE: QUALITY
i THE BEST.
o 1 Trunk
ed J. BETTMAN & CO.
-n w -109-
WEST PARK STREET.
SCHOOLj FUND ENRICHED.
The eehool fund was enriched
$495.70 yesterday afternoon as
ed result of the auction of seized
t ures and goods taken from alln
bootlegging establishments by
. nitlhnriti, Cnllil - AlltInlll.n .iT
i- ments express your
ideas. With GOOD PRINTING you
are sure of the best results.
Let us co-operate with you in selection of stock,
composition, and cuts, to make your ads or cir
culars more attractive.
The same careful attention given to large or small jobs.
THE BUTTE DAILY BULLETIN
's JOB PRINTING DEPARTMENT
SAY YO)U SA\\ 1T IN TlHE BULLETIN.
* Candidates for Office
Montana Federation of Labor
SILVER BOW TRADES AND LABOR COUNCIL
S . HELENA TRADES COUNCIL
CASCADE TRADES AND LABOR ASSEMBLY
AND VARIOUS LOCAL BODIES.
For President-Steve Ely, Sand Coulee, Mont.
0E05 For Vice President-J. C. Whiteley, Butte, Mont.
For Secretary-Treasurer-J. T. Taylor, Lehigh, Mont.
For Executive Board Member, Cascade District-Charles
hty Heximer, Great Falls, Mont.
n,,,,C. C Al 11 I'll TfT ril1 1TTT T I F' TAT