Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1903-04-04
THAT INJUNCTION.
Two Eminent Jnrists Who Say Judge
Adams Exeeeded His Authority.

Two Eminent Jnrists Who Say Judge
Adams Exceeded His Authority.
1--WE will reap the whirlwind some
day from the seeds so sown."
Murray F. Tuley of Chicago in COM
menting upon the Injunction issued by
Judge Adams of the federal court in
st. Louis directed against the union
men employed by the Wabash railroad.
Il am not surprised at any injunc-
ton of any kind being issued,'' he con-
tinued. II regret it because l believe
that the issuing of such writs of injunc-
ton brings the administration Of justice
into contempt. 1t breeds discomfort.
''The day may come in the not dis
tant future when the working classes
will have political control and will ap-
point judges who will also issue writs
Of injunction-in their favor. I see no
reason why writ of injunction should
not as we'll be issued against a railroad
enjoining it from discharging any en-
ployee or from failing to pay such en-
ployee a certain fixed rate of wages.
1t would be no greater departure from
the true principles that ought to govern
when issuing such writs.
1--WE judges are getting to be the
whole thing in government. We are ap-
preaching condition that will be
without precedent in the history of the
world, in which the governing power
will be exercised by the judges, with
the executives and legislators as mere
igureheads in carrying on the govern
ment 1t is time to call halt"
Judge Tuley has been thirty years on
the bench and is famous as jurist,
sage and philosopher.
Judge William NJ Springer of Wash
ington says:
lit has been settled by the highest
courts in the country by numerous de-
cisions, and the doctrine is no longer
controverted, that workmen or employ
ees possess the right to quit work sin
gly or in body by preconcert of agree
ment, provided only that they do not
interfere with the rights of Others
whether coemployees, employers or the
public.
'They have a right to seek an in
crease in wages by all peaceable
means, and meetings and combinations
to that end If unaccompaRied by
threats, violence, disorder or attempts
to coerce are lawful. They may agree
in a body that they will not work be-
low certain rates, and a strike to this
end, unaccompanied by any Of the fore
III 10,
1.-THE doctrine laid down by the New
York courts is this: The law permits
workmen at least within a limited ter
ritory to combine together and by
peaceable means to seek any legitimate
advantage in their trade. The increase
Of wages is such an advantage. The
right to combine involves of necessity
| join in the action.
"'This right to persuade colaborers
involves the right to persuade new en-
| ployees to join the combination. This
is but a corollary of the right of COM
bination." 1t is a we'll recognized doc
trine that the right to issue temporary
injunctions should be exercised with
great caution and never except in case
of urgent necessity and where the acts
enjoined are unlawful or amount to a
| nuisance
Applying the law as above stated to
| the language of the injunction issued
by Judge Adams, it clearly appears
that be has exceeded his authority.
The parties against whom the injunc-
| ton was directed were the authorized
| representatives of the tiremen and
trainmen Of the railroad company
They had right as such agents to Or
der a strike. In doing this they We're
! merely exercising the authority con-
ferred on them by their colaborers.
'"They also had the right to persuade
| their colaborers to desist from work,
| and they had the lawful right to induce
their colaborers and new employees by
| all peaceable means to desist from
| work. Hence in so far as Judge Adams
sought by injunction to prevent such
acts he exceeded his authority -