Lawless Judges Shows Man On the Bench as labor Enemy No.1
"Lawless Judges" Shows Man On the Bench as labor Enemy No.1 WSJSLSI^SS tSSLI^1 C A H BRING FUNDAMENTAL CHANGES IN LEGAL fSCNINERY—lOOK REQUIRED REAMNG <FOft INFORMATION ON...
...Despite all loud talk, and despite the fact that organized workers are tying themselves up with it, there is no difference between the Democratic Party and the Republican Party...
...The " IV Hove It or Overworking the first person singular In the "militant" house organ we discovered a case of malignant egomania...
...The proposed remedies may be good a s f a r as t h e y go...
...by w o r k e r s ? engaged in a struggle with dfjjoyers...
...Here we have Stakhanovism invading personal pronown production...
...The judge is' thV*1aw...
...On S e p ! •.ember 1. 1829, t h e market vahul of all stocks and bonds eer t h e New York Stock Exchange wafl $89,668,000,000...
...Well ban Professor Walton H. Hamilton said: "The u p s and downs of business confiscate more property m one month than our legislature* and administrative commission* is a decade...
...The ndUlenfl of people who invested their e a r n, ings in stocks and bonds fonnjB their property confiscated througm the operation of economic f o r c e! j beyond their control when t h e r t o e l ! market crashed in 1829...
...They point further to declarations of the court that the state may engage in "almost any pi-ivate business if the legislature thinks the state's engagement in it will help the general public and is willing to pay the cost of the plant and incur the expense of operation...
...There is no hope for relief through political action in the absence of a labor party...
...ta* poor man cannot...
...Hence I cannot give long notice...
...A legislative commission to hear grievances against judges (proposal 4) may become a whitewashing commission, depending on the character of the legislature, which, in turn, would determine the composition of the commission...
...Our nation has undergone great changes since 1787, when our Constitution was adopted...
...They point t o the decisions of the Supreme Court, making social necessity the basis of the exercise by the government of its power over economic affairs...
...forbids the use of "the labor union's own funds, and even the singing by strikers of religious hymns in a church...
...ducing plenty for all but socially, we find ourselves without the in-, telligence to distribute and c o n t r o l the forces we have created...
...Courts were cre• w i r ' a part of the government, Jhtsugh whom society functions as IJfrfganfzed body...
...and the A A A . are still fresh in onr memory...
...Only a y e a r l a t ef < the value had fallen to $49,* ; 020.000,000, s n d in 1932 H wet only $15,633,000,000, or only about onesixth of i t s value in 1920...
...to act under the authority j g B t e s c t i o n of laws...
...Courts(are exJtdad...
...LAUGHTER on thre LEFT Congressman Mareaatoaio came t o eery LaGuardia not t o praise • * • A V Q i e n t t no For Commissioner Valentine Look not to Horry Donahue For a tactic worth attention, Hie tear-gas bluff hat gone askewOnly adding to the tension...
...is w r i t t e n withtnt'n Wmm Rights And though tM.rifbtl assy be added after the j j B et t h e constitution, it is ptjBBNltra ruling-class judge to mmmftst them, if they conflict eMLmaeaciai or economic philosjKt JStaera /a*"sl ttsjiopAtBitbl.rkrs hed" J ubsyt i cteh e aCnadr ntehgei e says: "The adminhVratita of American justice is not Ikmarriai the rich and t h e poor do Sat stand e a an equality before IS* aw, t h e t r a d i t i o n a l method of phfinmg justice has operated to dsns t a t seers of t h e c o u r t s t o t he nsnr, t a d h a s caused a g r o s s denial Sf lattice i n ' a l l p a r t s o r t h e country » millions of persona...
...If his economic interdpt lie with the ruling class...
...It is expected that the Debs Auditorium of the Rand School, where the dance will be held, will be crowded with a happy t h r o n g of Socialists, trade j unionists and friends of The I New Leader on March 6th...
...I recommend the book to all workers...
...R e m e d i e s The authors,offer the following as immediate remedies "in addition to the w o r k e r s 'rights amendment": 1. The recall of judges and judicial decisions...
...Injustice to Workers The anti-labor injunction i s sometunes followed.' by contempt of court action, in which the judge is complainant, witness, jtudge and j u r y . T h e r e were famous case*—and many more t h a t were not /amass —in which t h e judges manifested open hostility to the accused: Haymarket, Debs, I.W.W., Mooney and Billings, Sacco a n d Yanzetti...
...He is unable to pay fBtV,_ lawyer's fees, and ell of t he ler expenses involved, which may eonsiderabie Judges are fresjeBtly biased, even if honest...
...if we look for relief to the Republican or the Democratic Party...
...Equality before the l§3~ls a glittering bubble, which htvsts at the slightest touch...
...For just as the problem of the eighteenth century was to set up a government which would provide personal physical security, so today the problem is to provide economic and social security...
...i*T?Tr There is the a n t i - l a b o r injunction...
...41 ConffscorNoa Under The Constitution - ^ The disparity between our i n^ dustrial and our political and so-, cial institutions is r e g i s t e r e d i n the_ present social chaos, creating t he anomaly of a society Where in-' dustrially we are capable of pro...
...That beats the world record formerly held by Frank Harris...
...Rancid Echo Mister Hoover looks as if He's smelling something sour— Could it be a pungent whiff Of his own network how...
...The book "Lawless Judges" cont a i n s discussions of the fcjunction and contempt of court problems...
...6. The judiciary has t o all int e n t s and purposes established itself as d i c t a t o r over t h e American people...
...Our referendum vote experiences have been quite discouraging...
...In 1880 toe population was 50,055,783, with an urban percentage of 22.79?., or mere than 11,060,4)00 persons...
...of seriously discussing t he limiting of invention, and of creating artificial scarcity while . million* of men and women capable and willing to work a r e idle, a nd while millions of men, women add children are inadequately housed...
...4. The establishment of legislative commissions to hear complaints against jodges...
...Many times no...
...Chelsea Branch Boosts New Leader by Benefit Dance The Card Party and Dance arranged by the Chelsea Branch of the Socialist Party for Friday evening, March 6th, has aroused citywide i n t e r e s t. Spurred on by their devotion to The New Leader, which will re- j eeive all the proceeds of the af- j fair, the comrades of the Chel- j sea branch are sparing no effort to assure a complete success...
...The last census in 1980 showed a population of 122,775,046, of whom 68,954,823, or 56.2*, lived in cities...
...r*i* . 2. Until t h a t becomes effective, impeachment of a n y j u d g e who deliberately misrepresents a s t a t u te or a law...
...Declaring that the Constitution will not be used t o obstruct whatever economic policy may be adopted by the government, deemed by it as promoting the public welfare, the Supreme Court has further stated: "So far as the requirement of due process is concerned, and in the absence of other constitutional restriction, a state is free to adopt whatever economic policy may reasonably be deemed to promote public welfare, and to enforce that policy by legislation adapted to its purpose, j. The courts are without authority ! either to declare such policy, or...
...The book "Lawless Judges" contains a vast amount of material that should be most useful in an educational campaign for a labor party...
...The Sherman SP»*f !890 was passed in order to f J JW the small and "independbusiness man from the growwjansnacc of trusts and monop- jffSyft ^ a s ^ > e ? n a 8 * ^ against the f i l i n g hatters and other workers...
...They contend that the progressive concentration of wealth in the hands of a few has given power to this comparatively small number of people over the lives and the welfare of the large masses of the population to an extent that it denies individual liberty to millions, destroys equality, dominates government, and menaces democratic institutions...
...They contend that for the great masses of the population there is no economic security so that the ends of government are not met ; and social stability is menaced...
...The whole Nazi population would turn out to be sports-minded...
...they are feared...
...We are told jSlt'onrs is a government of laws, g | g (8f men...
...One short paragraph profusely dotted with seven I's...
...Very few" unions have enough funds t o see an injunction •case through to i t s end...
...Even the Civil War^wWffr-iHped out the Dred Seott decision, left that power intact...
...Going Beck en Bach Speaking of Stakhanovism — A. S. Ogolevets, a Moscow musician, ihrnftttad a-adnao-keiieeaad with-47 interval octaves an increase of five over the ordinary reactionary piano used f o r two centuries since the days of Bach...
...Booby Prize Adolph Hitler has awarded each medal winner at the winter Olympics with a silver framed autographed photograph of himself...
...By writing this book the authors have rendered the labor movement a greatly needed service...
...Communist or fascist, is to gain the upper hand will depend upon the flexibility at democratic machinery to adapt itself to changed and changing economic and social conditions...
...The authors quote Thomas Jefferson as f o l l o w s : ". . . experience has already shown that t h e impeachment it (the Constitution}: has provided is not even a scar^-capw*" The highly popular Federalist Party in the "Revolution of 1800," tailed to get from his own Senate a conviction of Justice Chase after impeachment by the House...
...The shops did a brisk business with starved Germans, who were particularly anxious to taste the long forgotten flavor of butter...
...reviews of the above cases, and a mass of highly useful information...
...7. From previous experience it is clearly inimical to t h e beat interests of t h e people to permit jodges to continue t o exercise t he powers they h a r e i n t h e p a s t a s sumed t o possess...
...aiiak...
...He is, in fact, above the law...
...Is there soeial necessity today for the exercise by the government of its i power over economic affairs ? | Socio j Interpretation Of Labor Problems Socialists point to the last six years of grave economic disorganiI zation, with its many millions of unemployed, and the inability of private industry to supply an opportunity for all to earn a livelihood...
...This is shown by the drift of population from the farm to the city...
...and yet these ! well-to-do were hungry for a pat of butter, not to speak of a mutton chop or a mess of Speck und Eier...
...In an agricultural age anarchy could rage without disr u p t i n g far-spread networks ef Six years of serious economic depression have served to emphaindnstry...
...An effective labor party would bring fundamental changes...
...The savings of a lifetime for millions ef American cttisen...
...But how far do t h e y g o? A referendum vote on the recall of jodges and judicial decisions (proposal 1), handled by either of the two dominating parties, would lack vitality...
...Necessity of Readjustments The Socialist philosophy holds that democracy is capable of solving the social problems that confront us by the application of known laws of social development to social institutions...
...BEN BELSKY...
...Of t h e Income Tax Act w a s ' ff*y<day an Income Tax Amend-1 « f ° V B u t it took twenty y e a r s t o I t « « f w k t about For t w e n t y long I years the Supreme Court made gifts to -the wealthy corporations and individuals aggregating billions of dollars.- •';« - .* . Twice this court invalidated federal child labor a c t s ; , t h e first time nearly twenty y e a r s a g o . Congress tried to undo t h e sriscaief by submitting to t h e S t a t e s a constitutional amendment twelve years ago...
...Industry has used the laboratory and research for the advancement of mechanical and j technical skill and equipment...
...The lay literature dealing with injunctions, picketing, legal rights generally, i s rather fleeting...
...3. A constitutional amendment depriving t h e c o u r t s of t h e power t o declare laws unconstitutional...
...It seeks to ascertain social tendencies and desires to fashion political instruments to conform to these social trends and changes, size the necessity of bringing the political institutions of our-country closer to the economic and social institutions...
...Soclef Ownership Necessary Millions of home owners, whose earnings of a lifetime have been invested in payments for homes, find these homes confiscated M | "due process of law...
...It has emphasised as never before the role of government as a stabilizer of dvihzaI tion...
...j when it is declared by the legis1 lative arm, to override it...
...A constitutional amendment taking1 s * a y frotc the court the power to invalidate law (proposal 3) would bring the nation immediate and real relief...
...The (fiaiiratien lawyer who becomes a 9 M brings with him to t h e bench Sschtss and caste attitudes...
...And how they would have wished that j the Olympics were staged in a I place like Denmark, were butter is plentiful...
...It must set up instruments for social control and economic ^planning for the well-being of the great masses of the people and for providing them with social and economic security...
...commerce and intercoarse...
...By 1830 the population was 12,866,020...
...T h i s technological revolution I has t h r u s t itself into all the in - | stitations snd practices of government...
...Only s heater hi the wiios can wring s living iroatnj nature if the teat ef the w a f i i l i s i a t u r m o i l ; eennhv deptndtntM on technical ntwosness for their 1 subsistence p e r i s h when the j bonds of production and e x c h a n g e ^ are broken by violence and eta** fusion...
...Confiscation of property, which is one of the chief a r t e s s e n ts J advanced against Socialism, is proceeding today a t an unprecedented rat* under the Const i ts i tion...
...When Father Ryan dubbed Al Smith "silly" He woe just gilding the tiger lily...
...farm, in the mine and in t h e f a c tory...
...But society as a whole, and its govern! ment, have used archaic methods, | have ignored the political and social scientist, and have yielded to j social need only as irresistible pressure forced them to do so...
...So far, our ruling class has met with no political opposition...
...That amendment ia still unratified, and the evil of child labor continues to enjoy the blessings of t h e Supreme Court...
...For a picture that?* inspiring Unlet* you're seeking' to enjoy— Pleasant thoughts of soon retiring...
...checked by the very difficult process of constitutional a m e n d m e n t , the court's power to change and annihilate laws remains untouched...
...there were twenty towns of over 8,000, and the urban .population was 864,609, not quite 7% o f the entire population...
...To my knowledge, the present book is the first one furnishing such information to workers in organized form...
...uncons t itu tional...
...A negligible 'number of anti-labor injunction cases ever reach trial...
...But our courts have ajajaned authority over the very Jps which they are to enforce, g j y have taken the power—to reJ p ? l^ws, by interpretation, and walbBsh laws, by declaring them Keoastitutionai...
...They st^eVeaded by the poor people, aidvparticiuarh...
...idleJaJ Legislators ^ " t t w l e s e Judges," by Louis P. wMQftrg and Eleanore Levenson Wm Book Store, $2.60), deals Jdftthii...
...Though the au| H a V a r e Lawyers, the book is writJan fer.Jaymen, who will profit JRjjfly "from reading it...
...3. Judges have changed existing law by judicial decision, thereby usurping the legislative function...
...t /Jatigation is e x p e n s i v e . T he rich rr.ar...
...But the operation of unjust economic forces can impair and'turd-ermine liberty and property, the staples of the American coastitutional system, as effectively at c an government interference...
...Whether dictatorship...
...The Indictment In the final .chapter the authors sum up their case a s follows: 1. Judges, ia the decision of eases, have deliberately applied their economic principles and prejudices, rather than the existing laws...
...J ^ e e a r l y all, of t h e labor laws jjrCP were brought by the emN*>ui mto the c o u r t s were killed fjflfc charge of un constitution - J*MT«T4OM1 Amendments ggyNsfanet a destructive act by "^gjsairt may be rectified b y a conSgJwMial amendment...
...I am now, however, able to announce that I am broadcasting in a series of discussions of public issues...
...The necessity for a new outlook on the 1 function of government has been well s t a t e d by two American | historians: "For the old congeries of p r e - ' vincisl societies, founded principally on agriculture and local commerce, which made op t he United States in 1787, machine industry and the various meant ! of rapid communication have sobs t i t u t ed a great society, based on national and international m a r k e t s . Railways, telegraph lines, airplanes and the radio override historic political boundaries, weld this country into a single economic organism, and steadily weave it into the web of world civilization...
...problem...
...And the federal government has the same powers as the states "touching the matter committed to it by the Constitution...
...Money intended for wornout workers, who have given their lives to t h e industry, will be used for dividend payment to the stockholders...
...T|Wnn S revolution is on, a Decneadoaof Independence is w r i t t e n. .'^dBraVKShs invabvamvis completaf...
...But the history of the Child Labor Amendment does not make for much optimism with respect to the other amendment...
...It fft not enough to place on t he Hath a "good" man, a man of gMfecter...
...The invali..flgf...
...Frequently the "temporary" injunction breaks the strike, and the problem is "solved...
...cam stand t h e h i g h cost...
...The quarrels between the Democratic and Republican parties are quarrels within the family...
...In 1790- the population of the United States-was 3,929,625, with only six towns having a population of 8,000 or over...
...Even the much maligned English cooking did not i daunt the Nazi soccer fans...
...2. Not only have judges failed to apply the constitutional provisions for t h e protection of civil rights of individuals and minority groups bat they have construed such provisions so a s t o deprive l a r g e masses of workers and nonconforming minorities of their constitutional privileges...
...It appeared in a personal notice by Norman Thomas announcing a broadcast over the Columbia network...
...The judges in the higher court have refused a new trial, even upon the request of the trial judge, when the conspiracy against Mooney and Billings was exposed...
...Last year the court took the pension fund-from"-the - old-railroad workers, by killing the Railroad Retirement Act, and turned i t over to the railroad companies...
...Undoubtedly these Germans were of the upper middle class, otherwise they could not afford the junket to root for their soccer team...
...Thus the staples of our Constitution— liberty and t h e protection of property—have been i a Jarme measure Mown away a s f a r a s t h e masses of t h e people a r e conesrasd by the inexorable forces of' capit a l i s t society, leaving a shadow without a substance...
...They contend further that science and economic evolution, which, i through the machine, the factory, I power, and their consequent division of labor, have brought about the cooperative production of goods • and rendition of services, must, if I society as a whole is to enjoy their benefits, bring about cooperative . ownership of the cooperatively {used instrumentalities of produc: tion and distribution, j A new social order must come if civilization is to survive, and the question is: How shall it comet With the world in the chaos that it now finds itself, two contending philosophies are battling for supremacy— dictatorship and democracy...
...Succor, Not Soccer When the Nazi sport enthusiasts journeyed to England to witness the soccer game between the British and German teams, they spent more time in John Bull's food stores than in the stadium galleries...
...Is there no hope and no remedy...
...It would be still worse with the impeachment of judges who deliberately misrepresent a statute or law (proposal 2 ) . It would be dificult to prove the judge's motive (deliberate misrepresentation) and obtain an impeachment—let alone a conviction—from legislatures as we know them...
...This view has again been expressed recently by the Supreme Court, thus: "Moreover, the state or a municipality may itself enter into business in competition with private proprietors...
...From a labor party platform a message will go out to the people, which cannot go out from the platforms of the two dominating parties...
...The Mooney and Billings case differs from the others in o n e important respect: the trial judge was fair, but was deceived by perjured witnesses...
...It must thrill Joe Stalin to know that the octave industry has stepped-up its output by 42...
...a eaMSJSStior...
...When the excursionists boarded the boats to take them back to Hitler's "promised" land, they were laden with packages of smoked meats and other non-perishable articles of food...
...There Jat' ao "wtoest people...
...The slaughter of the N.LR.A...
...There will be entertainment and dancing to the tune of Kay's Radio j Band until dawn...
...Add simiUes: As thick as communists at a "militant" caucus...
...They fail t o see be«•* Safe demal ef justice t h e sufienac and tragedy which i t causes, . f y j s a v o c it plays in individual 'flpn and Ha indoence in r e t a r d i ng •ir Aauricanizatron program...
...While the injury' eaulfcwTiy the courts may sometimes be...
...From the simple agricultural society of that time we have grown into the complex industrial society of today...
...Lawless Judges" Shows Man On the Bench as labor Enemy No.1 WSJSLSI^SS tSSLI^1 C A H BRING FUNDAMENTAL CHANGES IN LEGAL fSCNINERY—lOOK REQUIRED REAMNG <FOft INFORMATION ON LABOR-INJUNCTION If^lstead...
...4. Judges have need t h e i r power to interpret laws s o . a s to emasculate s t a t u t e s and p r e v e n t the intent of t h e legislatures from being applied...
...sad more than 10,000 beaks with total deposit* I of $4,m,8»&OM sasmended be- . i tween 1921 a nd 1831...
...And this change from rural to urban life goes hand m h a n d with the rapidly tocreswng rate of industrial mechanization...
...A Baring example of judicial legisJ g e n by changing the meaning mP purpose of a law is the appliW k v o f the Sherman Anti-Trust ,e*j to' trade unions...
...if ^ a s s o c i a t i o n , training, and, a s a 2sequence...
...The averTp^ddge it the average citizen of jjljeommunhy...
...To speak of government merely in t h e po: litical language of t h e eighteenth centry is like talking of travel J in the t e r m s of gigs and schooners...
...Tory a dors Throwing the bull seems to be the most popular pastime of the Tory politicians...
...That takes time and money...
...In response to many requests for longer notice of the time when I am to broadcast, may I explain that often I do not know when I shall have a chaiice to broadcast until shortly before the broadcast...
...Just as industry has availed itself of the benefits of the physical, chemical and engineering sciences, so government must avail itself of the political and social sciences...
...poorly clad, ill fed and deprived or cultural and educational oppors tunities...
...By a stroke of the pen he deprives citizens of the rights of free" speech, assembly and association...
...WuHs were not created in order >S naaaids seats of judgment for A s wisest people on earth...
...A referendum vote of the citizens, a campaign for a constitutional amendment, would become vitalized by a vigorous educational campaign of such a labor party, itself attain power the ruling class will grant concessions in the hope of checking the party's growth...
...Iks majority of o a r lodges and hwttia view this situation with RdhTmt.L...
...5. Judges have declared unconstitutional, laws intended to protect the people against economic exploitation...
...It helps t he i t e r in an little t h a t he has, theo- SpDbr> the same legal r i g h t s as 2s rich mar...
...When yon change W nullify laws you legislate...
...Democracy in the United States will survive as a working governmental institution only by assuming constant and intelligent guidance of the soeial and economic affairs of the nation...
...deposited ia private banks, are confiscated waea beaks dose t h e i r doors...
...To the millions of n a e t n n k r ed and their families, the CeeaUtation today does not guarantee A s rights of liberty and ntweertjr...
...This I disease is the grammatical manifestation of a mental twist that psychologists have fancifully named the messianic-narcisis complex...
...Wearis, in the ludicrous and tragic position of curtailing production on the...
...They point further to the profound changes that have been wrought in business and finance property, removing from it the attributes of private possession and use...
...The book contains an Introduction by Professor Morris R. Cohen, and chapters with the following titles: The Indictment, Labor, Contempt of Court, Social Issues, Freedom of Discussion, "Lawless Trials, Summation...
...Look not to Pekin, Illinois...
...The opponents of social and labor legislation charge that such legislation restraint freedom, undermines liberty, and is, ta*eTsfcfW...
...A New Social Order Must Come If Civilization Is to Survive SOCIALISTS CONTEND INDUSTRIAL PROGRESS HAS OUTGROWN PRIVATE OWNERSHill AND THE CONSTITUTION MUST NOT HINDER THE MARCH Of SOCIALIZATION g O C I A L I S T S and progressive economists are convinced that industrial1 civilization has outgrown the possibility of private ownership and management of economic institutions, and that the Constitution must not stand in t h e w a y of socialization...
...his mental attitude, ftme from' there, one cannot, a s a jttr, expect of h im a n "equality •mre t h e law" judgment in a case l e t t i n g employers and workers, th» p o w s that be- a n d their opposite* to s ay nothing a t all of disbsnsst judges...
...The entire urban population was only about 8% of the whole, or 181,472...
...Legislative action looking to she r e e t e m t km ef the harmony between ownership and use through the cooperative ownership of the instrumentalities of production and distribution would, therefore, not be contrary to the Constitution, but would give validity to established constitutional principles...
Vol. 19 • February 1936 • No. 8
