The Montgomery advertiser., 1905-02-06
OPPOSE JENKINS BILL
ASSOCIATION FOR MAINTAINING
 RIGHTS OF PROPERTY.
Want to Be Heard Before House Jndi- ciary Committee Regarding Move to Regulate Granting of Re.
 atrainInR Orders.

Washington, Feb. 5 .--s( Special. )--- Strong opposttien w1ll bS manifested toward the Jenkins bill 'to regulate the granting of restraining orders in certain cases" popularly known as the Jenkins anti-injunction bill. The Asso- ciation for Maintaining the Rights of Property today filed an application through its attorney. Hon. Daniel Dav- enport of Bridgeport, Conn, asking the House Committee on Judiciary to hear its representatives in opposition to this bill. MT. Davenport was one of the leading opponents of the anti-in- Junction bill before the House Commit tee last session, for which the Jenkins bill is a substitute. In discussing the attitude of the Association which he represents, MT. Davenport today said:
 While the legislation proposed in the Jenkins bill Is, of course, not as harmful as that contained in the Gros- venor anti-injunction bill. which aroused such bitter opposition from the combined commercial organizations of the United States. 1t nevertheless Is a most pernicious piece of legislation. It interferes with one of the most sa- cred rights of the courts, that of issu- ing temporary injunctions or restrain ing orders to prevent the destruction of property and the loss of life. Un- der the present conditions, if a prop erty owner believes that his property is in danger of being destroyed, he can apply to the courts for an injunction 10 prevent such destruction and the judge can issue a temporary restrain ing order, to be made permanent after a full hearing of both sides Under the Jenkins bill no such temporary in- Junction could be Issued. In fact 1t proposes to abolish entirely the tenn lnJY a unn1Iad n involving or growing out of labor dis putes" That is to say, in all other cases where property or life may be endangered. the right of the court to issue temporary injunctions is not to be affected but should the case grow out of or involve a labor dispute, then the courts are not to be at liberty to issue q temporary injunction. but must wait until after a full hearing of both sides has been had, regardless of the possible destruction of property in the meantime.
 "The Issuance of the injunction Is the most powerful, and at the same time, the most peaceful weapon of law and order. It is more efficacious than the militia, than deputy sheriHs or even than the armed soldiers of the United States. The most lawless striker, however intent he may be on the destruction or pFOpeELy, respects the mandates of the courts and tenn porary injunctions have been respousi- ble for saving millions of dollars of property.
 The Association for Maint ntaininR the Rights of Property, being composed of investors in railway and industrial stocks and bonds. is greatly interested In having all the rights appertaining to the ownership of such property. amply protected by the courts. The Association does not seek new legisla- ton, but the enforcement of existing laws. To deprive the courts of the authority to issue temporary intunc- tions would be a tampering with one of their most sacred rights. while to single out cases growing out of labor disputes to the end that such cases should be exempted. would be almost infamous and an outrage upon the cause of common justice. cannot be- lieve that socialistic legislation of such a character can be seriously contem- plated by SO eminent and fair-minded gentlemen as the Commissioner of Cor porations and the members of the House Judiciary Committee"
 R. H. Watkins