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our only hope for proper solutions of such unThe Albany Law Journal.
fortunate strifes lies in the legal judges who
should have at their back the trust and confiALBAVY, AUG L'ST lî, 1895.
dence of the people. If judges fail in such
matters, then public confidence is lost and all Current Lopics.
faith in our legal institutions fail. While writ
ing on this subject let us look at the account of [.All communications intended for the Editor should be ad
the mass meeting held last Saturday night in dressed simply to the Editor of TAF ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions, or other New York, it says: business matters, should be addressed to) THE ALBANY LAW JOURNAL COMPANY.]
* The meeting was called to order by Lucien
Sanial, who presided. He said: 'In the name HROUGUI the kindness and courtesy of of the Hebrew trades I congratulate you to
Judge Dillon, we are enabled to publish night upon the size of this meeting. Many of this week the proceedings and judgment in the you came here from Russia to escape from the case of Wright & Co. v. Hennessey, which was tyranny of the Czar, and now you find yourdecided in the Queen's Bench Division late in selves tyrannized by capitalists to an even July. Judge Dillon is taking a much needed rest at Karlsbad, and it is greatly appreciated by
“'You are the men who make the presidents the JOURNAL that he took some of his leisure and judges of this country, and you can take time to write us of the decision, which is most
them from their high office by the ballot.' important. As Judge Dillon shows, there are He was followed by Daniel De Leon, who three points involved in the decision.
said : "The fight is on every day in the shops, First. Under the Common Law of England and at the polls on election day. The judges no person or association of persons has a right of the Supreme Court are put on the bench by to boycott another; for example, to say to an- the capitalists, and they obey them. The capiother if you do not employ members of such talists control the judges.' and such an organization we will injure you in “ Several speeches to the same effect were your business by inducing employers to made, and Patrick Murray offered the followrefuse to employ you or to break their contract iny resolutions, which were adopted : with you, or by inducing men employed iy you * Whereas, nine cap manufacturers have to strike,
locked us out for twelve weeks for the purpose Second. Such conduct, if done intentionally of breaking our union and denying to us our and for the purpose of injuring the person so constitutional right to organize into a lawful boycotted, is in law malicious and is actionable organization, and, in damages.
“Ilheres, The scheme was made and atThird. Under the existing procedure acts in tempted to be carried out not for the purpose England, such an action for damages may be alone of reducing our wages to a point of brought, and their may be united therewith starvation, but also for the purpose of inan application for an injunction restraining creasing the prices of the hats and caps in the the defendants from inducing or endeavoring market, thereby misrepresenting the present to induce persons to break the contract made difficulties to the community at large to draw with the plaintiff and from continuing to write the inference of a strike, the difficulty being or publish libels concerning the plaintiff in con- only a lockout, and, nection with his business.
“Ilorius, The manufacturers have There are, however, two phases of the deci- ployed different ways and means to utterly sion which are specially pleasing and which if destroy our union, and, after taking legal followed in this country will bring many bene- steps, secured an order of injunction deprivficial results. Both parties to labor controver-ing us of the liberty granted us by the Constisies and fights must realize that each have tution from walking in the public streets, their rights which will be strictly enforced by persuading individuals, etc., and going to the competent and trustworthy courts. Ill talk extent of preparing false and defamatory of other tribunals is unworthy of notice and charges of conspiracy, and yet have failed to
VOL. 52– No. 7.
hurt us or to discourage our ranks, although had renounced the old are pronounced biga. the courts have always supported the manu mists. Not only this, but the ownership of facturers; then, be it
property is involved in much litigation. The Resolved, To publish the names of manu consequences are too apparent and disagreefacturers who have entered into the conspiracy able to require to be commented upon. and denounce them as tyrants. Further, be it The inconsistencies of our State divorce laws
Resolved, To stand firm together, one for are so notorious and numerous that they have all and all for one, until the unions shall re-tended somewhat to discredit the marriage receive recognition and our demands are granted; lation. In this State adultery only is accepted and it is also resolved that all among us who as reason for an absolute divorce, and only the are now employed by other manufacturers will | party aggrieved may remarry within the State. assist our locked out brothers, paying them | But the party who is prohibited from remarrytheir wages, so as to enable them to stay out as ing in this State may go across the State line long as it may be necessary, and further re into New Jersey or Pennsylvania, remarry, resolved to call the attention of the working turn to New York State, and his marriage then classes of the city of New York to the fact that be accepted as legal. More than that, couples the highest court in the city, the Supreme who cannot obtain divorce in this State may go Court, is assisting the manufacturers in their to other States for reasons the most trivial, such unjust and uncalled for battle against labor, as incompatibility of temperament, which is a and unless wage slavery be abolished such in- legal term for natural cussedness, may rid justice will continue.'
themselves of the old love to be on with the On the one hand there appears the attempt to organize laboring people, while on the other The facility with which divorces are obtained the employers refuse to recognize any such in South Dakota, Oklahoma and Chicago has body and attempt to disrupt it.
afforded a rich field for the humerous paraOn the one hand the courts are bound to graphers, but they have a serious and scandaprotect the rights of labor and on the other lous side. The fact that couples thus lightly they must insure individuals from any in- divorced almost always remarry has resulted in justice from any person or association. In this a sort of progressive polygamy. instance we believe the Supreme Court of New America, the most enlightened and Christian York city did its duty and we also can see the country in the world, is scandalized and put to vast good that the Queen's bench did in Wright the blush before all Christendom by her divorce & Co. v. Hennessy. Perhaps, however, the
laws. The God-given and divinely sanctioned pleasantest and least important result of the institution of matrimony was not intended to case in question will be to recognize the be entered into lightly or ill-advisedly. There simplicity of remedies in joining them in one
are cases where great mistakes are made by inaction. Our own code and practice has many
nocent parties, but if divorces are difficult to instances of this kind but many others may be obtain, there is likely to be a more mature conintroduced with good results.
sideration of marriage and all it involves before the words are spoken that should never be un
said. The attitude of the Roman Catholic The unfortunate results of each State having church in opposing all divorces may lead to statutes which differ from others becomes more some unhappiness, but taken as a whole it conand more apparent as time passes and decisions forms more closely to the teachings of religion are made by various courts.
than that of any other church. If the ProtestThe recent decision of the Oklahama Su• | ant body do not teach divorce, they at least preme Court, invalidating a number of divorces tacitly sanction it. granted in that territory within the last few What God hath joined together let no man years, has directed attention anew to the need
And even the non-professor of of an uniform national divorce law. Under the religion, if he be an earnest man, can but view decision of this court, many people who have with alarm the increasing lightness with which assumed new marriage vows as lightly as they lour courts hold the marriage tie and the home,
upon which depend the perpetuity and the sta he had been compelled to go South on account bility of American institutions.
of his rapidly declining health.
Mr. Jackson had the reputation of being very Justice Howell Edmunds Jackson of the sensitive concerning any public discussion of
his health. The other members of the court United States Supreme Court, who died at West Meade, Tennessee, on August 8th, was
were poorly advised as to his condition, and
this is said to have been the reason for the born in Paris, Tennessee, on April 8, 1832.
equivocal character of the announcement of the He spent his school days in the town of Jack
decision to grant a rehearing in the income tax son, and at the age of sixteen graduated from the West Tennessee College. The next two
case, which of necessity depended upon Judge years he spent in the study of law at the Uni- Jackson's presence.
He sat through the argument, which conversity of Virginia, and in 1855 he attended the law school of the Cumberland University. tinued for three days, took part in the consultaHe practised his profession in Jackson, and tion of the court, and when the day arrived for
the announcement of the decision not only later in Memphis, where he was twice
ap: pointed judge of the State Supreme Court, and listened patiently to the opinions of most of the
other members of the court, but delivered a when the civil war broke out he entered the civil service of the Confederacy.
vigorous opinion in support of the validity of At the close of the war he established him- the law. This was on May 20, and was his last
public appearance. self in Memphis again, and was quickly recognized as a jursit of ability. In the Democratic
The address of Judge Brown of the United State Convention of 1878 he came within one
States Supreme Court before the Yale Law vote of being nominated for the office of Su
“ Twentieth Century” continues to preme Court judge, and two years later he was
be greatly discussed and we print the parts in a member of the House of Representatives of relation to the character of litigation and
The following year he was sent to municipal misgovernment which are particuthe United States Senate on the combined
larly attractive. On these subjects he said : votes of Republicans and Democrats.
“ The character of litigation has changed as mained in this office until 1886, when President much as the law itself. The lawver of the last Cleveland appointed him judge of the United century looked askant at a court of equity, States Circuit Court for the Sixth Judicial Dis- brought his actions at common law, and detrict.
manded a jury of his peers.
He had imbibed At the death of Justice Lamar, in 1893, Mr. the prejudices of Lord Coke against tribunals Harrison, just as he was about to retire into proceeding according to the course of the civil private life, appointed Mr. Jackson, a Demo-law, and thougnt his chances of success there crat, a justice of the Supreme Court.
were measured by the length of the chancellor's As senator and justice of thie Supreme Court, foot.
But we have changed all that. The Mr. Jackson had resided in Washington about multiplicity of corporations, the enormous eight years. His aßsociates here were confined growth of the patent system and of the interlargely to his colleagues on the bench and in nal commerce of the country, have given rise the Senate chamber. By them he was univer- to questions with which juries are incompetent sally esteemed, as was evinced in nothing so
to deal. The result is that the great litimuch as in his appointment to the Supreme gation of the country is now carried on in bench by President Harrison and his confirma- courts of equity and admiralty. .
In some tion by 2 Republican Senate, notwithstanding States juries have almost disappeared, except he was a Democrat.
in criminal cases and actions for torts, where The last time Judge Jackson was in Wash- their well-known generosity still finds ample ington was on the occasion of the rehearing in scope; in nearly all there is a large proporthe income tax case last May. He had been tionate decrease. Forensic eloquence has deabsent since the preceding fall, when, soon after clined, and the man who can state clearly a the convening of the October term of the court, I complicated series of facts has taken the place
of the typical lawyer of the last generation, time may never come when they will fail to who could inove a jury to tears. Where there receive their reward. is a choice of remedies, the resort is usually to It is one of the ancient maxims of the law a court of equity; and large interests are treated that a state of things once proven to exist is as safer in the hands of a single upright, pas- presumed to continue. So we may safely sionless judge, or bench of judges, than in assume that the tendencies which the last half those of the average jury. It is certainly a of the nineteenth century has developed will tribute to the purity of the American judiciary be prolonged into the twentieth ; that the great that this confidence is so rarely misplaced, and powers of Europe, which have already parthat their decisions are so seldom the result of celled out among themselves almost the entire fear, favor, affection or the hope of reward.
continent of Africa, will look for new fields of “I have thus briefly summarized the changes conquest in the extreme east ; that the process of the past century to emphasize the point that of absorption will go on with the usual indifferwe are entering a more than usually critical ence to the wishes of the native populations; period. Old things are rapidly passing away, and that another hundred years may see the and the question presses itself upon us, what entire eastern hemish pere under their control. will the twentieth century furnish to take their It will be your duty to see that their rapacity place? The problem whether the Constitution does not extend to the western hemisphere. of the United States embodied a feasible plan | The lust of conquest, like that of acquisition, of government is already settled. Weak spots knows no bounds. have undoubtedly been developed,
"Municipal corruption has come upon us with changes seem almost imperative; but it still universal suffrage and the growth of large cities, remains the most marvellous work of construc- and in general seems to flourish in a ratio protive genius that was
It has portioned to the size of the city. Why a sysgrown with each decade in the assection of the
tem of government which, upon the whole, people ; the danger is, not that it will be works well in small towns, and even in States changed, but that it will be regarded as too of considerable size, should break down so comsacred to be changed, a product of superhuman pletely when applied to large cities, may seem wisdom, a mere fetish. If the power of the strange at first, but after all is not difficult of Federal government has been strengthened, solution. The activities of urban life are so that of the States has not been materially im- intense, the pursuit of wealth or of pleasure so paired. The country has survived the shock absorbing, as upon the one hand to breed an inof a great war. The loyalty of the South is difference to public affairs; while upon the unquestioned, and there has never been a time other, the expenditures are so large, the value when strife between different sections seemed of the franchises at the disposal of the cities so less probable than at present.
great, and the opportunities for illicit gains so “ The man who should assume to prophesy | manifold, that the municipal legislators, whose what the twentieth century will bring forth is standard of honesty is rarely higher than the likely to be as far astray as the hypothetical average of those who elect them, fall an easy writer I mentioned, who failed to take account
prey to the designing and unscrupulous. Franof the inventions of the nineteenth century. chises which ought to net the treasury a large At the same time. speculations based upon an sum are bartered away for a song; privileges existing state of things are not wholly useless. which ought to be freely granted in the interest If they fail to anticipate every contingency, of the public are withheld till those who are they may at least provide for some. If they supposed to be most immediately benefited will are an uncertain guide for our future conduct, consent to pay for them; gross favoritism is they may serve to point out to is our imme- shown in the assessment of property for taxadiate duty. There are certain rules of human tion; great corporations are permitted to en. conduct which are obligatory at all times and cumber the streets and endanger the lives of under all circumstances. Of these are integ- citizens; while every form of vice which can be rity, morality and indusiry. Let us hope the made to pay for the privilege is secretly toler
ated. The consequence of all this is thus de honesty in the use of its power, it will have no picted by a recent English writer who has made reason to expect moderation or discretion on a study of our municipal institutions :
the part of those who resist its encroachments. “I have watched the rapid evolution of social
"The misgovernment of which I have spoken democracy in England; I have studied autoc- is so notorious and so nearly universal that it racy in Russia, and theocracy in Rome, and I is useless to attempt to ignore it or to expect must say that nowhere, not even in Russia, in that it will cure itself. Whether the blame lies the first year of the reaction occasioned by the chiefly upon him who gives or upon him who murder of the late Tzar, have I-struck more ab- receives a bribe, it is evident that the temptaject submission to a more soulless despotism tion must be removed, either by destroying the than that which prevails among the masses of inducement or by elevating the character of the so-called free American citizens when they those who are charged with the administration are face to face with the omnipotent power of of the government.
The fault is not that of the corporations.'
one class alone. If the higher classes evade "Granting this to be overdrawn,- for I am their just responsibilities, the lower will not unwilling to believe that corporations are solely fail to profit by their example. If the rich are responsible for our municipal misgovernment, seen to escape taxation by bribing assessors or the fact remains that bribery and corruption by fraudulent removals from the city, the poor are so general as to threaten the very structure
will not hesitate to avenge themselves in the of society. Indeed, we are being slowly driven coarser way of accepting bribes. Whether the to the conclusion that the best-governed city in remedy for all this lies in raising the character the country -- I had almost said the orly well- of the electorate by limiting municipal suffrage governed large city -- is administered upon to property-holders, or in government by comprinciples which amount to a complete negation missions, is a question which will not fail to of the whole democratic system. liniversal
demand attentive consideration. The suffrage, which it was confidently supposed great, the unanswerable argument in favor of would enure to the benefit of the poor man,
universal suffrage is, not that it ensures a bet
is so skillfully manipulated as to rivet his chains, ter or purer government, but that all must be and to secure to the rich one a predominan
contented with a government in which all
have an equal voice. If it be deficient in this in politics he had never enjoyed under a restricted system. Probably in no country in particular, if it fail to protect the poor against the world is the influence of wealth more po
the oppression of the rich, or the rich against tent than in this, and in no period of our his
a destruction of their property by the poor, tory has it been more powerful than now. So
in short, is the representatives of the people befar as such influence is based upon superior in tray their trusts, it is pro tunto a failure, and telligence and is exerted for the public good, it another method of representation should be is doubtless legitimate ; so far as it is used to adopted. If we cannot have government by secure to wealth exceptional privileges, 10 the whole people, let us have government by trample upon the rights of the public, to stille | the better classes and not by the worst." free discussion, or to purchase public opinion by a subsidy of the press, it invites measures of The rule by which a court of appellate jurisretaliation which can scarcely fail to be disits-diction is to test the sufficiency of a complaint trous. Mobs are never logical, and are prone when challenged for the first time after verdict 10 seize upon pretexts rather than upon reasons and judgment was recently discussed and deto wreak their vengeance npon whole classes of termined by the Appellate Court of Indiana, in society. There was probably never a llimsier the case of Hurter et al. v. Parsons, to N. E. excuse for a great rivt than the sympathetic | Rep. 157. The court saill: “Of course such strike of last summer, but back of it were sub-assignments of error question the sufficiency of stantial grievances to which the conscience of the facts alleged to constitute a cause of action, the city seems to have finally awakened. If not as we find them in the complaint as origiwealth will not respect the rules of common Inally filed, but after they have been strength