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W i* "•t"^a IV is! I O.M1* Hthe yi h' President'" Message Continued From Page Three •oclatlon or In a worklngman'S associ ation. The movement In question was one In which the appeal was made to all worklngmen to vote primarily, not as American citizens, but a* individual* of a certain class in society. Such an appeal In the first place revolts the more high-minded and far-sighted among the persons to whom it is ad dressed .and in the second place tend to arouse a strong antagonism among all other classes of cltlaens, whom it therefore tends to unite against the very organisation on whose behalf it is Issued. The result Is therefore unfor tunate from every standpoint. This healthy truth, by the way, will be learned by the Socialists If they ever succeed in establishing in this country «q Important national party based on such class consciousness and selfish ^elats Intertst. lite wageworkers, the worklngmen, laboring men of the country by the way in which they repudiated the ef •fort to get them to cast their votes in response tp an appeal to class hatred, have emphasised their sound patriotism and Americanism. The whole country has cause to feel pride in this attitude of sturdy Independence, in this uncom promising Insistence upon acting sim ply as good citizens, as good Ameri cans, without regard to fancied—and improper—class interests. Such an at titude Is an object lesson In good citi zenship to the entire nation. sf Plea for Court Bulwark. But the extreme reactionaries, the persons who blind themselves to the wrongs now and- then committed by the courts on laboring men, should also think seriously as to what such a movement as this portends. The Judges who have shown themselves able and willing affectively to check til# afshon* est activity of the very rich man whd works iniquity by the mismanagement of corporations, who have shown them selves alert to do justice to the wage* worker, and sympathetic with the needs of the mass of our The rapid changes In our social life which have attended this rapid growth have made it necessary that, in applying to concrete cases the great rule of right laid down In our constitution, there should be a full understanding asul ap preciation of the new conditions to which the rules are to be applied. What would have been an infringement upon liberty half a century ago may be the necessary safeguard of liberty to-day. What would have been an injury to property then may be necessary to the enjoyment of property now. Every judicial decision Involves two terms—one, an interpreta tion of the law the other, the under standing of the facts to which it is to be applied. The great mass of our ju dicial officers are I believe alive to these changes of conditions which so materi ally affect the performance of their ju dicial duties. Our judicial system is sound an effective at core, and it re mains, and must ever be maintained, as the safeguard of those principles of lib erty and justice which stand at the foundation of American institutions for, as Burke finely said, when liberty and justice are' separated, neither is safe. There are, however, some members of the judicial body who have lagged be hind in their understanding of these great and vital changes in the body politic, -whose minds have never been opened to the new applications of the old principles made necessary by the new conditions. Judges of this stamp do last ing harm, by their decisions, because they convince poor men in need of, protection that the courts of the land are pro foundly ignorant of'and out of sympathy with their needs, and profoundly ignorant or hostile to any proposed remedy. To such men it seems a cruel mockery to have any court decide against them on the ground that it desires to preserve "liberty" in a purely technical form, by withholding liberty in any real and con structive sense. It is desirable that the legislative body should possess, and wherever necessary exercU«, the power to determine whether in a given case employers and employes are not on an equal footing, so that the necessities of the latter compel them to submit to such exactions as to hours and conditions of labor as unduly to tax their strength and only mischief can result when such determination is upset on the ground that there must be no "interference with the liberty to contract"—qften a merely academic "liberty," the exercise of which Is the negation of rear liberty. Explanation of Decisions. i. There are certain decisions by various courts which have been exceedingly det» rlmental to the rights of wage-workers This is true of all decisions that decide that ipen are, by the constitution, "guar anteed their liberty" to contract to enter a dangerous occupation, or to work an undesirable or improper number of hours, er to work In unhealthy surroundings and therefore cannot recover damages when maimed In that occupation, and canhot be forbidden to work what the legislature decides is an excessive num ber of hours, or to carry on the work under conditions which the legislature decides to be unhealthy. The most dan' geroua occupations are often the poorest paid and those where the hours of work Ire longest and In many cases those who go into them are "driven by neces sity so great that they have practically HO alternative.'- Decisions such, as .those alluded to above nullify the legislative effort to protect the wage-workers who most need protection from thole employ ers who take advantage of tlietr grind ing need. They halt or hamper the move ment for securing better and more equl table conditions of labor. The talk about preserving to the misery-hunted being who make contracts for such service their "liberty" to make them, Is either to speak In a spirit of heartless irony or else to shew an utter lack of knowledge ef the conditions of life among the great masses ef our fellow-countrymen, a lack which unfits a Judge to do good service Jeglslatlvs ust as It would unfit any executive or ofleer. There Is also. I think, ground for the MM that substantial Injustice Is often buffered by employes In consequence ef the tnstem of courts issuing temporary Injunctions without notice to them, ant bunlshlsa them for contempt of e$urt_ip 'r^v people, so that the dweller in the tenement houses, the man who practices a dangerous trade,' the man who is crushed by excessive hours of labor, feel that their needs are understood by the courts—these judges are the real bulwark of the courts these judges, the judges of the stamp of the president-elect, who have been fearless in opposing labor when it has gone wrong, but fearless also in hold ing to strict account corporations that work iniquity, and far-sighted In see ing that the workingman, gets his rights, are the men of all -others to whom we owe it that the appeal for such violent and mistaken legislation has fallen on deaf ears, that the agita tion for its passage proved to be with out substantial basis, The courts are Jeoparded primarily by the action of these federal and state judges who show Inability or unwillingness to put a stop to the wrongdoing of very rich men under modern industrial condi tions, and inability or unwillingness to give relief to men of small means or wageworkers who are crushed down by these modern industrial conditions who. in other words, fall to under stand and apply the needed remedies for the new wrongs produced by the new and highly complex social and in dustrial civilization which has growa up in the last half century. H' instances where, as a matter of fact, they have no knowledge o( any proceed ings. Outside of organised labor there is a widespread feeling that this system often works great Injustice to wage workers when their efforts. to better their working condition result In Indus trial disputes. A temporary Injunction procured ex parte may as a matter of fact have all the effect of a permanent Injunction in oaur ug disaster to the wageworkers' side In such a dispute. Or ganised labor Is chafing Under ths unjust restraint which comes from repeated re sort to this plan of procedure. Its dis content has been unwisely expressed, and often Improperly expressed, but there Is a sound basis for it, and the or derly and law-abldlsg people of a com munity would be in a far stronger posi tion for upholding the courts if the un doubtedly existing abuses could be pro vided against, .Matter* for Thought tor Labor, Such proposals as those mentioned above as advocated by the extreme labor leaders, contain the vital error of being class legislation of the most offensive kind, and even If enacted Into law I be lieve that the law would rightly be held unconstitutional. Moreover, the labor people are themselves now beginning to invoke the use of the power of injunc tion. During the,, last ten years, and within my own knowledge, at least.fifty Injunctions have been obtained by labor unions In New Tork elty alone,* most of them being to protect the union label (a "property right"), but some being ob tained for other reamM against employ ers. The power of Injunction Is a greci equitable remedy, which should on no account be destroyed. But safeguards should be erected against Its abuse. I believe that some such provisions as those I advocated a year ago for check ing the abuse of the issuance of tem porary injunctions should be adopted. In substance, provision should be made that no Injunction or temporary re straining order issue otherwise than on hette*. except where Irreparable Injury would otherwise result »nd in such case a hearing on the merits of the order should be had within a short fixed pe riod, and, if not then continued after hearing, it should forthwith lapse. De cisions should be rendered immediately, and the chance of delay minimised In every way. Moreover, I believe that the procedure should be sharply defined, and the judge required minutely to state the particulars both of his action and of his reasons therefor, eo that the congress can If it desires examine and investigate the same. Importance of Court Decisions. The chief lawmakers in our country may be, and often are, the judges, be cause they are the final seat of author ity. Every time they Interpret contract, property, vested rights, due process of law, liberty, they necessarily enact into law parts of a system of social philos ophy and as such Interpretation is fun damental, they give direction to .all law-making. The decisions of the courts on economic and 'Social questions depend upon their economic and social philos ophy and for the peaceful progress of ,eur people during the twentieth century we shall owe most to those judges who hold a twentieth century economic and social philosophy and not a long out grown philosophy, which was Itself the product of primitive eco nomic conditions. Of course a Judge's views on progressive social philosophy are entirely second In impor tance to his possession of a high and fine character, which means the posses sion of such elementary virtues as hon esty. courage, snd fairmindedness. The Judge who owes his election to pandering to demagogic sentiments or class hatreds and prejudices, and the Judge who owes either his election or his appointment to the money or the favor of a great cor poration are alike unworthy to sit on the bench, are alike traitors to the peo ple and no profundity of legal learning, er correctness of abstract conviction on questions of public policy, can serve as an offset to such shortcomings. But It is also true that Judges, like executives, and legislators, should hold sound views on the questions of public policy which are of vital interest to the people. The legislators and executives are chosen to represent the people In enact ing and administering the laws. The judges are not chosen to represent the people In this sense. Their function is to interpret the laws. The legislators are responsible for the laws the judges for the spirit in which they interpret and enforce the laws.. We stand aloof from the reckless agitators who would make the judges mere pliant tools of popular prejudice and passion and we stand aloof from those equally unwise partisans of reaction and privilege who deny the proposition that, inasmuch as Judges are chosen to serve the interests of the whole people, tl^ey should strive to find out what these interests are, and, so far as they conscientiously can, should strive to give effect to popular conviction when deliberately and duly exeressed by the lawmaking body. The courts are to bethighly commended and staunchly upheld when they set their faces against wrongdoing or tyranny by a majority but they are to be blamed when they fail to recognize under a government like ours the de liberate Judgment of the majority as to a matter of legitimate policy, when duly expressed by the legislature. Such lawfully expressed agd deliberate judg ment should be given effect by the courts, save .in the extreme and excep tional cases where there has been a clear violation of a constitutional pro vision. Anything like frivolity or wan tonness in upsetting such deafly tn-ken governmental action a grave offense against the republic. To protest against tyranny, to protect minorities from op pression, to nullify s*i act committed in a spasm of popular fury, is to render a service to the republic. But for the aourts to arrogate to themselves func tions which properly belong to the legis lative bodies is all wrong, and in the end works mischief. The people should not be permitted to pardon evil and slipshod legislation on the theory that the court will set it right they should be taught that the right way to get rid of a bad law is to have the legislature repeal itj and not to have the courts by ingenious halfr-splitting nullify it. A law may be unwise and improper but it should not for these reasons be declared unconstitutional by a strained interpretation, for the result of such action is to take away from the people at large their sense of responsibility and ultimately to destroy their capacity for orderly self restraint and self gov ernment. Under such a popular gov ernment as ours, founded on the theory that in the Idttg run the will of the people is supreme, the ultimate safety of the nation can only reBt in training and guiding the people So that what they will shall be right .and not in de vising means to defeat their will by the technicalities of strained construc tion. People Sometimes to Blame. For many of the shortcomings of Justice in our country our people as a whole are themselves to blame, and the Judges and Juries merely' bear their share together with the publlo as a whole. It Is discreditable to us as a people that there should be difficulty In convicting murderers, or In bringing to Justice men who as publlo servants have been guilty ef corruption, or who have profited by the corruptloa of public servants. Tbe result Is squally unfortunate, whether due to hairsplit ting technicalities in the Interpretation of law by Judgee. to sentimentality aad class consciousness on tbe part ot Jurleft %r to. Jhysterla aa4. sensatl«mal- Ism Tf» the 'dally press. "For much this failure of justice no responsibility whatever lies on rich men as suoh. We who make up the mass of the people cannot shift the responsibility from our own shoulders. But there is an Impor tant part of the failure which has spe cially to do inability to hold to proper account men of wealth who behave badly. The chief breakdown Is In dealing with the new relations that arise from the mutualism, the Interdependence of our time. Every new social relation begets a aew type of wrongdoing-—of sin, to use an old-fashioned word— and many years always elapse before society Is able to turn this sin Into crime which can be effectively pun ished at law. During the lifetime of the older men now alive the soeial're latlons have changed far more rapidly than In the preceding two oenturlss. ihe Immense growth of corporations, of business done by associations, and the extreme strain and pressure of modern life .have produced conditions which render the public confused as to who Its really dangerous foes are and among the public servants who have not only shared this confusion, but by some of their acts have increased it, are certain judges. Marked Inefficiency has been shown In dealing with corpor ations ant In re-settllng the proper at titude to be taken by the publlo pot only towards corporations, but towards labor, and towards the social questions arising out of the factory system, and the enormous growth of our great cities. Corporations of Huge Wealth. The huge wealth that has been accu mulated by a few Individuals of reosnt years. In what has amounted to a so cial and Industrial revolution, has been as regards some of these Individuals made possible only by the Improper use ef the modern corporation. A certain type of modern corporation, with its offloers and agents, Its many Isauea of MCurltiM, and Its constant concilia tion with allied undertakings, finally becomes an Instrument so complex as to contain a greater number of ele ments that, under various judicial de cisions, lend themselves to fraud and oppression than any device yet evolved in the human brain. Corporations are necessary instruments of modern busi ness. They have been, permitted to become a menace largely because the governmental representatives ef the people have worked slowly In provid ing for adequate control over them. The chief offender in any given case may be an executive, a .legislature, or a Judge. Every executive head who ad vises violent, Instead of gradual, action, er who advocates ill-considered and sweeping measures of reform (espe cially if they are tainted with vindic tlveness, and disregard for the rights of the minority) Is particularly blame worthy. The several legislatures are responsible for the fact that our laws are often prepared with slovenly haste and lsck of consideration. Moreover, they are often prepared, and still more frequently amended during passage, at the suggestion of the very parties against whom they are afterwards en forced. Our great clusters of corpora tions, huge trusts and fabulously wealthy multimillionaires, employ the very best lawyers they can obtain to pick flaws in these statutes after their passage but they also employ a class of secret agents who seek, under the advice of experts, to render hostile legislation innocuous by making it un constitutional, often through the Inser tion of what appear on their face to be drastic and sweeping provisions against the Interests of the parties inspiring them while the demagogues, the cor rupt creatures who Introduce black mailing schemes to "strike" corpora tions, and all who demand extreme, and undesirably radical.' measure, show themselves to be thev worst ene mies of the very public whose loud mouthed champions they profess to be. A very striking illustration of the con sequences of carelessness in the prep aration of a statute was the employers' liability law of 1906. In the cases arising under that law, four out of six courts of first instance held it uncon stitutional six out of nine justices of the supreme court held that its subject matter was within the province of congressional action and four of the nine Justices held it valid. It was how ever, adjudged unconstitutional by a bare majority of the court—five to four. It was surely a very slovenly piece of work to frame the legislation in such sbape as to leave the question open at all. Real damage has been done by the manifold and conflicting interpretations ot the interstate commerce «law. Con trol over the great corporations doing interstate business can be effective only if it Is vested with full power in an administrative department, a branch of the federal executive, carrying out a federal law It can never be effective If a divided responsibility Is left in both the states and the nation it can never be effective if left in the hands of the courts to be decided by lawsuits. COURTS HELD SACRED. Respect for Law Essential to Perma nence of Republic. The courts hold a place of peculiar and deserved sanctity under our form of gov ernment. Respect for the law is essen tial to the permanence of our institu tions and respect for the law is largely conditioned upon respect for the courts. It is an offense against the republic to say Anything which can weaken this re spect, save for the gravest reason and In the most carefully guarded manner. Our Judges should be held in peculiar honor and the duty of respectful and truthful comment and criticism, which should be binding when we speak of anybody, should be especially binding when we speak of them. On an average they stand above any other servants of the community, and the greatest Judges have reached the high level held by those few greatest patriots whom the whole country delights to honor. But we must face the fact that there are wise and unwise Judges, just as there are wise and unwise executives and legislators. When a president or a governor behaves Improperly or unwisely-•, the remedy Is easy, for his term is ^.lort the same Is true with the legislator, although not In the same degree, for he is one of many who belong to some given legislative body, and it is therefore less easy to fix his personal responsibility and hold him ac countable therefor. With a Judge, who, being human, is also likely to err, but whose tenure is for life, there Is no sim ilar way of holding him to responsibility. Under ordinary conditions the only forms of pressure to which he is In any way amenable are, public opinion, and the action of his fellow Judges. It Is' the Isat which Is most immediately effective, and to which ws should look for ths reform ef abuses. Any .remedy applied from without le fraugltt with risk. It is far better, from every standpoint, thst the remedy should corns from within. In no ether nation in the world do the edttrte wield such vast and far-reaching power as In the United 8tates. All that Is nec essary Is that ths courts ss a whole should exercise this power with the far sighted wisdom already shown by those Judgee who eoaa the future-while they act la the present Lst them exercise this great power not only honestly and bravely, but with wise insight late the •n4i and flzed purposes of the peepje^ Concluded in Next Week's Issue I I Plated I I ^^Williston, Watches all sizes in Solid Gold and Gold Filled Cases A fine assortment of Gold Plated Clocks, Jewel Cases, Ink Wells, Mirrors, Can dle Sticks, Bon Bons Is a pleasure at our store and it will be a pleasure for us to show you all the beauti ful thmgs that we have gathered under our roof from different factories Toilet Sets in Sterling and Silver Sterling Silver and Silver Plated Table Ware Hand Painted China and Cut Glass Our line of Solid Gold and Diamond Jewelry Stands alone 74 Our Gold Filled and Plated Jewelry is the latest patterns and of the Most Reliable Makes We extend a hearty welcome to all and cordially invite you to inspect our line of id a go he he SWEDLUND BROS. 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