The Portland daily press., 1898-02-21

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| az course. I shall not attempt to suggest
the machinery necessary to carry such
law into effect. Such machinery would be
simnIe in it's application and would
require to provide only such reasonaple
expedition as would make 1t eHectuai, 10
end the difficulties within proper 1line.
1t would be very easy for the law maker
to provide for this, either in the first draft
of the bill, or by subsequent amenGmenC,
as experience might dictate. The Federal
courts are suggested because the procedure
would be more uniform, but, If though0
best, the DUTY may be performed py 'ne
state courts.
Such tribunal would require the ap'
pointment of additional judges IN the
several states or the establishment OF
separate tribunal, and 1t may pc opJec1eu
that the increased expense would Iorin AZ
additional burden upon the people, pus
the answer is, that such expense Woulu
bear no comparison to the loss and suHer-
ing entailed by these conflicts. where TOO
often the employer had wealth and lnnu-
ence to enable him to successfully main
tain his contention, whilst the laporer
has neither. Moreover. 1t is part OF tho
| duty of society to provide the necessary
troverses rather chan to resort to force.
| 1t will be perceived that this plan does
not really require any radical change OF
| existing laws, or take away the rights or
the parties. The right of persons to
establish societies and labor organizations
not attempt to impede and defeat the
action of the courts after full judicial
investigation and adjudication. But in
one important particular, it would change
perhaps, the existing conditions OF the
law. It would expose and place before
which designing men use to foment labor
troubles; and public opinion Is always
powerful factor in the paclfcation of
public disputes. 1t would answer the
charge that injunotions are granted upon
ex parte hearings. But more than this,
having exposed these causes ana the re-
suits which would arise from the con-
tinuance Of the strike or lookout, and de-
claring what in the opinion Of the court
would be Just and honorable plan OF
settlement, any interference OH the pait
of the organizations OF labor, comDina-
lions of employers or others, to oe1eaG
the ends Of justice, and the tndln9s ana
DEGREES Of the court, would become illegal,
and would be subject either of restraint
by Injunction, or OF punishment by the
ordinary processes of the law. Moreover,
It would enable the court to see that
public order " as not disturbed, or tne
rights of the parties interfered with; II
they should decide to seek other employ.
ments or other employees, according TO
their individual and inalienable right so
to do. The finding and Judgment of the
court would not in the first instance be
mandatory. but still In a measure would
bind the parties and afford the lawful
ground for further necessary proceedings.
I suppose few will question the power OF
the legislature to declare that under the
circumstances have detailed, combined
action to defeat the findings and DEGREES
of a court of justice would be unlawful,
: if such legislation was necessary TO sup
plement this rule of the common law
! Have you any considerable douDG tna5,
! after the machinery of these tribunals
was once in working order. and the differ
emit interests Of the parties were ad.
indicated, the result would be in almost
every instance to bring about peaceable
and amicable adjustment OF the troubles
complained of? 1t seems to me that the
time will soon come when these disturb ~
ances of public order, and injuries to the
business interests of the country. will
compel some action to be taken to put an
end to these evils. We either have q
government OF laws to be observed and
respected, preserving and securing the
! rights of all parties to peaceably follow
such lawful pursuits as they choose, and
in such manner as they choose, or we
have revolution and anarchy. In such
direful alternative, might makes right.
and there is no safety for person and
property, and freedom, which is out
liberty regulated by law. becomes fail
J ure. Whom the evil becomes intolerable,
if it ever shall, and threatens the per-
petuity of our government and the In
situations under 1t, the American people
will find and apply remedy. and all
voices of opposition will be hushed in the
belief that it is for the safety of the
republic, which Is the highest law
But it will be further objected that such
a tribunal and the legal proceedings under
J it, and the enforcement and the prohihi
ton BY injunction of unlawful acts tend
ing to defeat these proceedings and create
public disturbance, will lead to what is
designated by certain parties as govern
slightest sympathy with the attacks that
have been made tending to undermine
the respect OF the people for the judges
and courts of this country. Individual
Q Judges may make errors In their decisions
} but in no country upon the face OF the
earth does the judiciary as body occupy
higher position for learning, Integrity.
and fearless discharge OF their duties
than bore in the United States. It will
be remem bered that our government is
divided into three distinct branches the
legislative. tho executive, and the judicial,
and this division is accepted by all think.
ing men as the wisest and SAFEST form OF
government that can be devised. The leg
islatiye departm emit represents the people
| in making tho laws, the judicial depart.
ment standing between the people and
any possible despotism Of executive power
declares what the..laws are, and the exec
utive, using the power conferred upon it,
enforces the laws so e1pounded for the
preservation of the rights of the public.
Ordinarily, it is not necessary to in
woke the aid Of the executive, because
men will respect and yield to the decisions
of the court without the aid of the strong
arm of the government. And it is only
when the revolutionary or anarehica
, spirit runs so high that men attempt tf
override the laws and substitute their OWL
, violence for their provisions, that the
executive is called upon to interiors. Now,
while I have no fear that the judiciary
will undertake to usurp the powers OF
any other branch of the government,
. recognize that it may be made the excuse
E for further attack for the purpose of exclt
! ing public discomfort, and, therefore, IL
the plan have suggested, have tried to
3 define and limit the exercise OF judic1a
9 power by injunction to the cases where
after adjudication it becomes the duty o.
t the court to prevent combinations to un
J lawfully defeat the findings and Judg
/ ments OF the court, to prevent public
!, disturbance and irreparable harm, and
g at the same time, properly protect tn