Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-12-05
DEPENDS The INJUNCTION.
ABLE ADDRESS DELIVERED Bl
JUDGE j. MD. TRIMBLE.
Declares That Injunction Is the Only
Remedy Against Contemplated
lntury-Raps Chicago Plat
form for D~en0uncfnE 1t.

hdHSaS CITY Bar Association, delivered an
able address on Government by Injunc-
ton at the meeting of the association last
night. He defended with vigor the oper-
alton of the process and upheld the decis-
ions of the courts in the Debs and West
Virginia strike cases. Regarding the latter
he declared what were the true facts or
the case and commended that the injunction
was not against marching on the pubic
highway, but against interfering with the
miners who wanted to work.
The ancient writ of injunction" said
Judge Trimble, has lately met with the
~disapproval of certain labor organizations
and has been severely criticised by a large
part of the press and by many aspiring
politicians. the first named in good faith
and the latter because the labor unions
contain many votes. The procedure called
government by injunction had its origin
N the early history of the civil law. The
form and name with which We are familiar
far antedates The birth of American indie
pendence and is coeval with Inc rise of
equity jurisprudence. Notwithstanding
its extreme antiquity. the late Chicago
convention. the first political body in the
worlds history to %criticise it. called it a
new form of oppression Injunction is CEN
ratio Of l6 to ]. When injunction was
born, they were coming at the ratio of s
10 ! and centuries later at II to L. 1t is
difficult to see where the 'newness' of in
junction comes in, unless Ii be that the dis
tinguished lawyers who framed the Chi
cago platform had just heard of it and in
etht y - III IhN ~ L
1t at the first opportunity.
1T would indeed be remarkable II the
injunction powers of the courts in all the
centuries of its exercise had not occasion
ally been misdirected or abused. This may
he expected so long as suitors are selfish
and human courts are fallibie. But it is
no more liable to abuse than any other
process OF a court. II has been used daily
Tor centuries and its beneficent effects have
recently. Tn recent clamor against the
injunction is based on two cases. the So
called Debs case and that of the recent
West Virginia striking miners"
In discussing the Debs case, Judge
Trimble repeated the arguments he has
previously urged. He commended that, it
transport the mails. 1t follows that it was
the duty of the government to prevent all
interference with the free operation of the
agencies engaged in such transportation.
"A government that cannot or will not
enforce its own laws is no government at
all. L know of but two ways to meet the
ed force. 1t SO happened that both these
remedies were applied in the Debs case,
and both were objected to by the Chicago
convention. which declared the action of
the government interference with local af-
1airs. The action Of the strikers was not
a local affair. II was a national affair. A
sarily be a federal affair"
Judge Trimble devoted a great deal of
time to the West Virginia mine strike.
TT government had nothing to do with
the case" said Judge Trimble. .notwith-
standing that 1t has been Violently at
tackled; 1t was a suit of one citizen against
a number of Others, who. he alleged, were
attempting by violence to interfere with
his property and his business, and except
LOT the further facts that none of the
natural rights of men were in the remotest
degree affected by the Injunction, no at
tempt at abridging the right of free
speech no intimation of an assault upon
the liberty of the citizen and no sug-
gestion in the order that any workinyman
or other person should refrain from walk
inc In tho y -~.I
ever he pleased. and as long and as far as
he wanted to-"
Judge Trimble briefly reviewed the history
Of the strike and the injunction restrain
ing the strikers from going upon the prem
tses of the Montana Coal Company, or in
terfsring with the miners who wanted to
There was a public highway running
through the property of the Montana Coal
entrance to the mine and on the other side
tne houses where the miners lived. After
me injunction was served the strikers.
to march up and down this public highway
with floating banners and braying horns.
taxing up positions where the working min
ers would have to pass through their lines
to get to the mine.
These strikers had a lawful right to quit
contract in doing so. and they had the
right to induce other miners. by peaceable
arsu an; Ty p psed wI3ho by public or private
made or necessarily implied, to also quit
work and join them. But they had no
the Injunction to prevent others from worR.
ing; oy threats or any kind of intimidation.
Inc men arrested were found guilty Of
the injunction in preventing the miners nv
means means Of intimidation. from prosecuting
uron the public highway.
IN considering these cases II should be
feI rinb that the strikers had the law
contract; that the miners in the Montana
had the lawful right to continue work II
join the strikers. and that the oWne apt of d the
mine had the lawful right to operate his
mine and to employ the labor Of any per-
but i IS 'esPesiaIly. eS5s s sdA te', WIEN Ess@sa Wy
posse. the writ OF injunction. the only
known preventive remedies effective in such
cases, have al been tried; and have in each
case been DANGEROUSLY denounced as sub
yersive of the liberty Of the citizen. we are
forced TO the conclusion that they do not
as they do to being stopped at all. The
words OF the complaint are against gov
eminent by Injunction. but the spirit of
the complaint is against government by
any preventive means.
The combinations called labor unions
restraining powers of the courts than
other citizens. To give them alone the
unbridled license to interfere with the civil
rights of other people would be a violation
of the sound doctrine which they them
selves advocate in asserting that 1t is the
duty of our government to give equal
rights TO all and special privileges to none.
THE writ of Injunction is not an often
sive weapon. but n defensive one. 1t is
not a new sword of oppression. but the
old shield of liberty. a shield behind whose
ample spread all classes and conditions of
men for centuries have sought and found
protection and safety. To remove ii now
would not be disarming the oppressor. but
would be unshielding tn oppressed. and
leaving him naked to the hands of his
enemies"
Attorney +. A. krauthoff gave a very
interesting account of the operations Of
the United States army. explaining its
workings in all particulars. The address
was listened TO with close attention
throughout.
Before the papers We're read announce
ment was made that the State Bar Assoc
citation would meet in this city February
%. and arrangements will he made TO prom
erly entertain the members. II was de-
cided that the annual bar banquet should
not he merged into the state associations
banquet.
The French Say a la Carte.
You pay for what you order on Santa