New-York tribune., 1905-01-27
A NEW LABOR MEASURE.
USE OF INJUNCTIONS.
Prepared after Conferences Be
tsceen President and Labor Leaders.

washington Jan. 26.-An important measure
which IS the result Of conferences held In me
last two months between President Roosevelt
Attorney General Moody. Commissioner Gar
field and representatives OF labor organizations
and corporate interests. has been introduced IN
the House OF Representatives by Mr.. jenkins
OF Wisconsin, chairman OF the Judiciary Com
rnittee 1t provides that in labor disputes an
injunction shall not be issued until opportunity
shall have been given TO the adverse party to
the proceedings 20 be heard by the court, and is
intended as 4 substitute for measures pending
in Congress.
About two months ago President Roosevelt
entertained at dinner the heads Of several I'M
portant labor organizations. H r. Fuller. the
legislative representative OF several OF those
organizations. Secretary Morton and Commls-
Eioner Garfield The subject Of anti-injunction
legislation was discussed thoroughly. The rep
resentstiVes Of labor strongly urged the neces-
sity OF legislative action limit what they re-
gsrded the unfair use Of the courts at times
against them. After fun consideration, how
ever. in which all present took part Informally
81 was deemed inadyisable to attempt 10 limit
the equity jurisdiction OF the courts. Neither
the President nor any OF his advisers would con-
sent 70 suggestions looking TO Limitation OF the
right OF injunction. believing that they would
he fundamentally unjust. and. therefore. could
not command the approval Of Congress and the
people.
Shortly after this conference Commissioner
Garfield and representatives OF the labor organ
stations discussed the subject in detail with At
torney General Moody. A tentative measure
embodying ideas which. Il was agreed, would
meet the difficulty raised by the labor organiza-
tions was prepared. The measure, IL is ex-
plafned, lis simply the incorporation into law
OF equity rule No. %. and the application Of it
specifically TO labor cases" Examination OF the
proposed measure by representatives of both
labor and corporate interests showed that such
law would have met practically all the cases
OF which the labor organizations had COM
plained. The measure was submitted TO mem
bers Of Congress- including Representative Jen-
kins. and being regarded a fair adjustment
OF the question and believing that 1t would
meet the situation which had developed IN Con-
gress, II was introduced in the House. with the
idea OF furnishing to Congress basis Of legis-
lstive action that was satisfactory to the inter-
ests of both labor and capital.
Commissioner Garfield to-day made this
PLANTATION Of the proposed measure:
The original statute of 1898 provided that
hearing should be had before the issuance OF any
extraordinary writ. Equity Rule No 30 simply
ton proceedings. Under the revision Of the
Revised Statutes in 1872 the old law was so
changed as. in euect, 10 repe2l that part OF
Equity Rule No. 80 requiring the giving Of
notice before granting the temporary restrain
ing order. The bill introduced by Representa-
tive Jenkins restores that provision of the rule
which requires that due notice must be given
10 the adverse PARTY in all labor cases before
the writ may issue Its effect VIII be not 70
limit the right OF Injunction, but II Will prevent
the inprovident granting Of writs Of injunction
by affording the adverse party an opportunity
10 be heard before action is taken by the court
The measure provides that immediate notice
shall be given TO the adverse party. the time of
the hearing to be within the discretion Of the
court but. IN al eases. TO be as soon as pos
sible.
Mr. Fuller said that the organizations which
ne represents indorse the principle embodied in
the bill that both parties should have notice
Of proceedings in Injunction cases and an op-
pOrtuuity TO be heard before Injunction is
issued but as yet they had not considered
thoroughly the phraseology OF the bill He
could say, therefore, what might be the
final judgment OF the organizations regarding it.