The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-09-07

commands something no injunction is neces-
sary; when, therefore, an injunction for
bids something that is not forbidden or
commanded by law it is legislation pure
power and q violation of the Constitution
ard a high crime within the meaning of
that instrument. Third, it is the function
of the Legislature to define crime add to
declare what acts shall be punishable and
also to fix the punishment and when. there
fore. a Judge undertakes to do these things
he uSurps the functions of the Legislature.
"A DEVICE TO ROB"
Fourth the law has created special tri-
bunals and special machinery to enforce
the criminal law. and courts of chancery
have no power to arrogate this to them
selves and substitute contempt proceedings
for the forms prescribed by law. In those
cases in which an Injunction is made to
cover what is already forbidden by law
it is simply a device to rob man of a trial
by jury for when he is charged with vio-
lating to the law must be tried by jury,
according to the forms Of law, but when
charged with violating an injunction he
can be rairoaded to prison without any
ceremony. Fifth, all of these proceedings
in the Federal Courts are an attempt to
do things that belong exclusively to the
police powers of each locality in the adj
mlnlstration of which these courts cannot
interfere without being guilty of usurpa-
lions. Sixth, but depriving men of a trial
and imprisoning them without a trial, ac-
cording to the forms prescribed by law, is
a violation of the Constitution and high
1T is not necessary for me to say to you
that republican institutions and govern
ment by injunction cannot both exist in
the same country. They are exactly oppo-
site in character and one or the other must
die. If a hostile army should burn half
our cities, or if a piestilence should carry
off half our people, we would soon rally
and under free institutions our Nation
would be happy again But by brushing
away the very foundations Of liberty these
courts are committing crime which, II
unchecked, will cast a gloom over many
genoratio and increase the sorrows of
unnumbered millions of the human race,
because it tends to wipe republican gov
eminent from the earth.
Even in conservative England they rec
Ognize the rights of the laborer. They rec
ognize the fact there that the days when
competition regulated wages are passed:
BY reason of this great concentration or
capital there are comparatively few en-
ployerS and these arbitrarily fix wages, be-
cause the men arc at their mercy, and it is
mockery to tell the men to look for other
jobs If tha. are dissatisfied. They also
recognize the fact over there that corpora
tions have no conscience and that II the
laborer is left to their mercy his status as
a man and a citizen must get lower and
lower and that the only way in which he
can prevent himself and his children from
being ground into atoms is to combine
with his fellow-laborers, so as to meet
combination with combination and by
is by a strike-can he secure anything like
fair treatment They also see that when
organized laborers strike for the purpose
OF securing a raise in wages or improving
their condition, all laborers whether or
gained or not, will derive a benefit from
it, if successful, and that consequently
when some men in the midst of q strike
are induced to go to work so as to defeat
the purpose of the strike, such men not
only harm their fellows, but also the con-
dition of themselves and their children, al
though they may get temporary bread by
doing so.
RIGHT OF PERSUASION.
Recognizing all these things, the gov
erning forces Of England permit the laborer
to use all peaceable means to induce other
Iaborers to join in the strike. He is simply
forbidden to use violence or to break the
peace. The practice of 'picketing.' that is,
of sending men to induce other laborers to
quit work through persuasion, or any other
peaceable means. is recognized as perfectly
lawful. Courts there disdain to use their
machinery as mere convenience for cor
porate greed. The government of England
is monarchical. Here we boast of republican
government and free institutions Snall we
allow the individual OF this country to De
robbed of even such rights and protection
as a monarchy would give him?
Shall the corporations of this land De
permitted not only to devour our sub
stance, but also to destroy our liberties?
My friends, let us save our institutions,
government by injunction must be crushed
out. If the government takes some OIL the
great corporations, then there will not be
so many corporation men appointed TO the
bench. But the Consultation has pointed
out way to end these uSurpatlons without
having the government take the corpora
lions. and that way Is by impeachment
Every one of these judges, whether of high
or low degree, who has been tramping on
the Constitution and usurping power not
given him. is subject to impeachment.
THE American people can remove every
one of them and consign them to that in
fanny in which is now embalmlng the men,
Dry of JeffrieS. But this cannot be done so
long as Congress is made up largely of men
who are mere corporation convenienceS. 1t
will be necessary to send men to Congress
who will be true to the people This may
not happen at the next election, nor yet
at the next; but it must come, and must
come soon. Providence has ordained that
nothing shall go on forever. Our fathers
said that every lane had turn: We nave
been travelling in a lane that has run in
the same direction for thirty years, and
we are approaching "a turn. Yea, my
friends, do not despair. turn in the ROAD
is already ip sight and If the American
people are but true to their nobler instincts
they will soon be restored to their inherit
ance, while justice and liberty, equal rlghtS
and equal privileges Will cover our land
with halo of glory and give our people
new century of prosperity and happiness.
But if they do not rise in their manhood
and stand for the principles of eternal
iuStice then all is lost.
This is Labor day throughout the United
States and many beautiful things will be
said about the dignity OF labor, but want
to say to you that If our government is
snaky form Of government by injunction
is not crushed. then it would have been bet
ter for your children if they had never been
born.
BRYAN AT-ST. LOUIS.