Freeland tribune. (Freeland, Pa.) 1888-1921, 1903-04-10
THAT INJUNCTION.
Two Eminent Jurists Who Say Judge
Adams Exceeded His Authority.

Adams Exceeded His Authority.
1--WE will reap the whirlwind some
day from the seeds so sown."
Such was the declaration 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.
81 am not surprised at any injunc-
ton of any kind being issued" he con-
tinued. 81 regret 1t because l believe
that the Issuing of such writs of injunc-
ton brings the administration of justice
into contempt. 1t breeds discomfort.
1.-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. l see no
reason why writ of injunction should
not as well be issued against railroad
enjoining 1t from discharging any em-
ployee or from falling 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 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
figureheads In carrying on the govern
ment 1t Is time to call halt"
Judge Tuley has been thirty years on
sage and philosopher.
Judge William NJ. Springer of Wash
ington says:
at 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 sim
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 right to seek an In
crease in wages by all peaceable
means, and meetings and combinations
to that end if unaccompanied 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 a strike to this
end, unaccompanied by any of the fore
going elements, is not an offense.
1.-THE doctrine laid down by the New
York courts Is this: The law permits
workmen at least within 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 colaborers 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 fright Of COM
bination." 1t is we'll recognized doc
trine that the right to issue temporary
injunctions should be exercised with
of urgent necessity and where the acts
enjoined are unlawful or amount to
nuisance
Applying the law as above stated to
the language Of the injunction issued
by Judge Adams, it clearly appears
that he has exceeded his authority.
The parties against whom the injunc
ton was directed were the authorized
representatives of the f1remen and
trainmen of the railroad company
They had right as such agents to or
der 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 in so far as Judge Adams
sought by injunction to prevent such
acts he exceeded his authority"