McClure's Magazine, Vol. XXXI, September 1908, No. 5Various
History
McClure's Magazine, Vol. XXXI, September 1908, No. 5
Various
American literature -- Periodicals; Literature -- Periodicals
These three cases are legal landmarks showing the limitations of
industrial warfare. They are what the lawyers call "leading cases."
They lay down clearly and dispassionately the law which marks the
rights of the public to remain unmolested by the conflict of labor and
capital at war. Such decisions are in American law what the Treaty of
Paris is in the Law of Nations--a declaration of the rights of neutrals.
If, as a candidate for the presidency, Mr. Taft is to suffer from
unpopularity created in any quarter by these decisions which he made as
judge, he must endure it, for the search for popularity is not a part
of the functions of a judge.
_The Courage of Great Judges_
The picture of Taft in the Phelan case, reading in a court-room crowded
with angry and hostile men a decision which was to send their leader to
jail; a decision which was to play a large part in determining one of
the most distressing industrial wars of our day;--this picture recalls
another court, another great occasion long ago.
In 1768 John Wilkes, who had been prosecuted relentlessly by the
British Crown, and who had been outlawed and driven to France, returned
to England, appeared before Lord Mansfield in the Court of Kings Bench,
and demanded that the judgment of outlawry be reversed. The nation
was frenzied by faction. Abuse and threats of personal violence were
heaped upon the Chief Justice. In a court-room crowded with the enemies
of Wilkes, the greatest of English judges reversed and annulled the
decree of outlawry. In doing it, he gave what seemed a death blow to
his own favor with the King, who had placed the judicial ermine on
his shoulders. After he had rendered this judgment, facing the angry
sycophants of the Crown, he spoke these words:
If during the King's reign I have ever supported his government
and assisted his measures, I have done it without any other
reward than the consciousness of doing what I thought right. If
I have ever opposed, I have done it upon the points themselves,
without mixing in party or faction, and without any collateral
views. I honor the King and respect the people; but many things
required by the favor of either are, in my account, objects not
worth ambition. I wish popularity, but it is that popularity which
follows, not that which is run after. It is that popularity
which, sooner or later, never fails to do justice to the pursuit
of noble ends by noble means. I will not do that which my
conscience tells me is wrong, upon this occasion, to gain the
huzzas of thousands, or the daily praise of all the papers which
come from the press. I will not avoid doing what I think is right,
though it should draw on me the whole artillery of libels; all
that falsehood and malice can invent or that the credulity of a
deluded populace can swallow.
Public-domain text, read in full here on John Shaqi.
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