Waterbury evening Democrat., 1903-03-21
THAT INJUNCTION.

Two Eminent Jurists Who Say Judge
 Adams Exceeded His Authority.
 eve will reap the whirlwind some day from the seeds so sown."
 Such was the declafat tion of Judge 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.
 ''I am not surprised at any injunc- ton of any kind being issued" he con- tinued. 'I regret it because I believe that the issuing of such writs of injunc- ton brings the administration of justice into contempt. It breeds discontent.
 "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. see no reason why a writ of injunction should not as well be issued against a'railroad enjoining it from discharging any en- ployee or from failing to pay such em- ployee a certain fixed rate of wages. It would be no greater departure from LuC tud Ou5hG Io SofOAh when issuing such writs.
 ''We judges are getting to be the whole thing in government. We are ap- preaching a 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 fgureheads in carrying on the govern ment It is time to call halt.'
 Judge Tuley has been thirty years on the bench and is famous as jurist, sage and philosopher.
 Judge William M. Springer of Wash ington says:
 Tt has been settled by the highest courts in the country by numerous de- cistons, and the doctrine is no longer controverted, that workn1en or employ ees possess the right to quit work sim gly or in body by preeoncert of agree ment, provided only that they do not interfere with the rights of others, whether coemployees, employers or the public. s-.[...
 s"They have a right to seek an in crease in wages by all peaceable means, and meetings and combinations to that end if unaceompanded by threats, violence, disorder or attempts to coerce are lawful They may agree in body that they will not work be- low certain rates, and strike to this end, unaccompanied by any of the fore going elements, is not an offense.
 ''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 the right to persuade all eolaborers to join in the action.
 "'This right to persuade colaborers involves the right to persuade new em- ployees to join the combination. This is but a corollary of the right of ccm- bination." It is a well recognized doc Urine 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 enioined 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 he has exceeded bis authority. The parties against whom the injunc- tion was directed were the authorized representatives of the fremen and trainmen of the railroad company. They had a right as such agents to or der a strike. In doing this they were 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 insso far as Judge Adams sought by injunction to prevent such acts he exceeded his authority"