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The Commoner
WILLIAM J. BRYAN, EDITOR AND PROPRIETOR
VOL. 9, NO. 11
Judges Are Human
In the Outlook of March 13 Ex-President
Roosevelt gives the public a leaf from the book
of his experience. He tells how he entered
politics with a prejudice against laboring men
and against those who plead the cause of the
toilers. He says that he had studied "what
were then considered the orthodox political
economists" and that his associates "were for
the most part lawyers or business men of
wealth who quite sincerely took the ordinary
wealthy business man's view of labor matters."
He describes his connection with an investiga
tion which opened his eyes to the unsanitary
conditions surrounding cigar-works, and how
he. joined in reporting a bill for the improve
ment of these conditions. ' He gives a picture
of the contest with the lawyers of the various
employers and tenement house owners against
the law and he and a few representatives of the
cigarmakers' union in favor of the law. He
continues 'his story by citing the contest before
the court in which the judges took the sides of
th,g employers and tenement house owners:
"The judges, as was quite natural, shared
the feelings of the classes from which they were
drawn, and with which they associated. The.
decision went against the dwellers in the tene
ment houses. Anything like an effective re
formation of tenement house conditions was
thereby deferred for fifteen or twenty years,
and during that time men, women, and children
were guaranteed their 'liberty' to fester in sod
den misery."
His reason for entering upon this narrative
is given as follows:
"My reason for relating this anecdote is be
cause from that day. to" this I have felt an ever
growing conviction of the need of having on
the bench men who, in addition to being learned
in the law and upright, shall possess a broad
understanding of and sympathy with their
countrymen as a' whole, so that the questions
of humanity and of social justice shall not be
considered by them as wholly Inferior to the
defense of vested rights or the upholding of
liberty of contract. A hair-splitting refinement
in decisions may result in as much damage to
the community as if the judge were actually
corrupt. Freedom of contract should be per
mitted only so far as is compatible with the
best interests of the community; and when vest
ed rights become intrenched wrongs, they should
be overturned.. I do not for one moment be
lieve that the mass of our judges are actuated
by any but worthy motives. Nevertheless, I do
bqlieve that they often signally fail to protect
the laboring man and the laboring man's widow
and children in their just rights, and that heart
breaking and pitiful injustice too often results
CONTENTS
JUDGES ARE HUMAN
A NEW ALIGNMENT
INSURGENT REPUBLICANS
'TWAS A FAMOUS VICTORY
M'CARREN ADMITS IT
EDUCATIONAL SERIES
THE HOUSE RULES "CANNONlSM"
THE BARNACLES ON THE SHIP
OF STATE
THE TARIFF IN CONGRESS
THE JOKER IN THE NEW TARIFF BILL
LETTERS FROM THE PEOPLE
COMMENT ON CURRENT TOPICS
HOME- DEPARTMENT
WHETHER COMMON OR NOT
NEWS OF THE WEEK .
t
Lincoln, Nebraska, March 26, 1909
Whole Number 427
therefrom; and this primarily because our
judges lack either the opportunity or the power
thoroughly to understand the working man's
and working woman's position and vital needs."
Mr. Roosevelt has rendered a service in cal
ling attention to the fact that judges are simply
human and that their sympathies must be taken
Into account, as well as their legal knowledge.
No one who has watched the course of judicial
procedure needs to bo told that a man who has
spent his lifetime in the service of a predatory
corporation, defending the corporation against
suits just or unjust and wearing out litigants
as some of the great corporations have been in
the habit of doing can not enter without bias
upon the discharge of the duties of a judicial
position, especially if his appointment has been
secured by the influence of his clients. It Is
not necessary to believe that such men inten
tionally violate their oath or purposely do in
justice, but the Influence of their environment
and of their associates Is likely to cloud their
vision, as Mr. Roosevelt suggests.
In the late campaign the papers nearest to
the trusts were constantly Insisting that Mr.
Taft ought to be elected because of his acquain
tance with the bar and because he would ap
point the right kind of men to the bench. These
editors were not interested in having "the right
kind of men appointed to the bench," they were
interested in having men appointed to the bench
who would be prejudiced in advance against the
unorganized and defenseless victims of monopoly
who do not meet the judges either in society
or at the summer resorts. There is an Increas
ing sentiment in favor of the election of United
States judges by direct vote of the people be
cause of the abuses of the appointing power and
the bias of judges who are chosen through the
Influence of .powerful interests, and when ctioseh,
hold office for life.
' Insurgent 9 9 Republicans
The Commoner congratulates the republican
"insurgents" upon the courage they have shown
in risking committee appointments in their
effort to secure a modification of the rules of
the house of representatives. Owing to the de
sertion of a few democrats they did not win
the victory to which the;, were entitled, but
let them not be discouraged; they represent a
growing protest against the plutocracy which
has .been holding the republican party in its
grip. The republican reformer is the salt of
his party; without the reformer any party will
die. If the insurgents succeed in rescuing their
party from Its downward course they will be
hailed as heroes; if they fail they will at least
have the satisfaction of having done their best
to protect their constituents from the exploit
ing interests which are now in control of the
organization of their party.
Might Have Been
'Way out in the Sea of Vain Regret
Lies the Island of Might Have Been.
It is walled about by the Cliffa of Remorse,
Which are lashed by the. Waves of Sin.
We who live in this flowery world,
And have ever hope before,
Know not of those hearts in anguish wrung
Who dwell there evermore;
Whose each sad smile tells a voeful tale
Of years that were spent in vain,
In the empty search of the joys of life,
- And woke from the dream in pain.
Not a murmur tells of their poignant grief,-
Only a weary smile;
But they long to flit on the Wings of Death
Away from the sunless isle.
'Way out in the Sea of Vain Regret,.
On the Island of Might Have Been,
That Is walled about by the Cliffs of Remorse,
Which are lashed by the Waves of Sin.
Clarence Richard Lindner, in Leslie's Weekly.
A New Alignment
The vote in congress on the adoption of the
rules indicates a now alignment. Twenty-eight
republicans voted with-144 democrats for such
a revision of the rules as would lesson the
power of the speaker and increase the power
of the members; twenty-three democrats voted
witli 188 republicans to prevent any material
revision In the rules. On another page will be
found the names of the democrats who voted
with the republicans and the names of the re
publicans who voted with the democrats. It
would bo well for the democratic constituents
of the bolting democrats to keep their oye3 upon
thoir members and learn just what reasons led
them to Join the republicans on so important
a question. It Is known that Mr. Cannon is
the representative of the standpatters; ho Is
In close sympathy with the corporate elements
which, have been controlling the country through
the republican party; ho can bo depended upon
to use whatever power he has to thwart any
remedial legislation and to provent any Inter
ference with the exploitation of the country by
tho monopolists. Tho democrats who voted with
him wore in a position to know these facts, and
it will be difflcult for them to explain to their
constituents why they deserted thoir democratic
brethren and aided tho republicans. Tho speak
er has already taken care of some of them and
it remains to be seen whether ho will take
care of tho rest. It is hard to believe that any
democratic member of congress could be in
fluenced upon a public question by a' committee
appointment, and yet that would, bo less of a
reflection upon him than to say that ho is In
sympathy with the Cannon program and with
the reactionary policies.
We are in the midst of a great flght a fight
of tremendous importance to the country. Tho
republican party has won a national victory by
misrepresentation and false pretense. In tho
middle west President Roosevelt's endorsement
of Mr. Taft was accepted by tho republicans as
proof conclusive that the latter was a reformer.
No one ought to have been deceived because
both Mr. Taft's record and his environment
raised a presumption against him, but with an
overwhelming preponderance of newspapers on
their side, they convinced the people that Mr.
Taft's election would mean reform. Tho per
sonnel of the now cabinet ought to convince
any fair minded man that the president has gone
into partnership with tho Wall Street Interests.
If any doubt was left that ought to have been
removed by the action of the president in en
dorsing the Cannon program. Tho "Insurgents"
looked for some encouragement from tho White
House, but they looked in vain, and Congress
man Norris of Nebraska voiced tho disappoint
ment of tho republican congressmen who are
opposing the reactionary crowd which is in con
trol of the republican organization.
Minority Leader Clark is making a manly
flght, and he has five-sixths of the democrats
with him. Strength to his arm! Tho democrats
ought to be united in their struggle against
the Cannon program and it is to bo hoped that
the five-sixths will continue their battle, notwith
standing the desertion of tho few democrats
who are now enjoying the congratulations of
tho speaker.
But the People !
Walter Wellman says that the reason the
"late .administration was so secretive with respect
to tho papers relating to the steel trust's acquisi
tion of the Tennessee Coal and Iron company was
that "Mr. Roosevelt respects the promise made
to the corporation."
And let it not be forgotten that Mr. Roosevelt
had much to say a his public speeches about
"publicity." Is a promise to the corporation
to take precedence of a promise to the people?
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