New-York tribune., 1906-09-06

tunctio. cannot properly issue in any such case
abont To be unIawfuIiy injured are not property
rights and an inj1neton can only issue 20 PIosJ -
pTUpcrtv rights. They that the INFERIOR tett
eTai courts by issuing iniunctions IN such cases
sno ayG gSqssd PoTels ls. nor fVf i,I5 i % a. Il vas
limited before the usurpation. The supreme tgdft
hy sH the memRerS Of The eoIrt sz decided hat
injunction NAV issue agSsust an uniaviul inter
cuniary nature. whenever a suit ans Judgment & ios
,inlawf1l asfs would not b. an adequate remedy
Tor the injured party \ Judgment for damages in
such cases aud under such circumstances Wltnon
injunction would certaItly not be an adequate
and The supporters of the bill before tne
would be.
INJURY To BUSINESS INJURY TO PROPERTY
The exact and only question at issue therefore.
in determining whstheT the first section OF MI
whether an unlawful Injury % a goinE CONNER
cal manufacturing or transportation oGs,nes5 = a.
injury or .nteTfeTence with either r1Shl or P.9p
erty or right % pecunary nature This gles1 ion
goodwill OF Business. which IS really the thlnE or
value man has In the custom he has built up BY
his business. is much Of a property right that
II is frequently bought and sold. Indeed mans
business aas been frequently protected Dy laline
F.ou f ia CO. ce,ed that erty ren- ie e. ns
lirued to one growing out Of ownership or tangible
right Of a pecuniaTy nature.
IAWLEsS LABORERs PRIVILEGED CLASS.
am willing to submit 70 the considerste juds
are not correct in holding that unlawful injuries
business injuries 10 a pecUnary right. II
they are correct then this section should no- be
come law, because II would simply make Priv
!urIng others and would give tnenl an immunity
from an effective remedy that laWnTeakefs o. no
other class enjoy.
FEDERAL. COURTS SUSTAINED.
That the inferior federal courts right in main
such cases has been decided by Justice Harlan aud
the Court of Appeals Of the 5h Circuit, and hy
every state Supreme Court (and there have been
i've or six( which has been called upon 20 decide
the question. There - authority in this COun-
try the other way, except magazine artleIes and
a consensus OF opinion on this subject by judges.
whether appointed or elected; whether holding Tor
r. is easy 70 test T. by an appeal = the sGpEeme
court OF the United States. bur although the Op-
been adopted
IAJUNCTIoNs TEND TO Law AND ORDER.
Leaving now the legal issue. why should not such
WIN Fss'Hf% :, no, PaS 6esr % @ saSk Spsa eases tat
should decide in advance what the rights or the
ted? This certainly tends to preserve law and
remedy for the injured person BY legal proceed
IaST into 6is own hands" as the phrase is
and then We have civil wal, that IS wl,d t, ma p
colorado when the state was dissTssed by the ne
public officials alike Ii private wrongs OF this cnar
acter can be brought into court promptly as IN
Sse st OF 10 an tb paTtes drecv ntersd but Il is
also Of the greatest benefit to the community at
ltises Hilt-il - i- ---U
pute peaceably and quickly settled
GREAT VALUE OF LABOR ORGANIZATIONS.
We live in. an sge Of organizat.io41 The value 70
the public OF organization Of capital nave already
discussed Labor must organize. because otherwise
~ ~, rs yi - ,s toirS rrol,,+ 81 I,boy
and capital It would be helpless After a long
nand fixes wages but IN the not short periods OF
transition the organization of labor has certainly
raised and maintained wages. and Il has secured
other great benefits to its members. But the power
05 sHGh s hiIssd ana svsIaD evils
that must be restrained. The injunction mas been
arising from Organization and combinations
whether Of labor or capital This IS shown by the
fact that Congress IN the statutes against trusts
end wa % rate t has .gg sHIsIy so
bnations and determinations.
UNJUST INJUNCHONs-
But It Is urged with good ground that injunctions
have sometimes issued from FEDERAL and other
fenda1ts weTe eni6ined II Is no reason for taking
away jurisdiction from court that IL sometimes
remedy errors In one instance at least an appeal
was taken by the !aooI GetelualIs anu inc iOWet
I'm federal court. the judge himself was asked TO
rarte Which he aid fSInS 1hat n was in error the
Injunction modified. the strike went on and the
usSIs Z 9ISso can Iy bs ynerfecIad 5iS NAV he tr1e IN
prose cuted to a higher court and the error cor
Tected inferior courts will not again make the
mistake.
PRESIDENT ROOsEvELTS REMEDY.
Errors in the scope Of restraining orders have
bti, u. ,i istaprs ~ ~ iaVryers FOR f6e sTonovsT
@ = -SSi.b,,,t rntiSs 20 tbs reysons n h., s-+oi1eJ
This fact called 10 the attention of President
Roosevelt. He therefore. recommended TO Con-
gress in pursuance Of the request Of the heads OF
some OF the most conservative !nt best conducted
abor unions IN this country that an annendment be
adoptSi returning to he he practice that formerly
statute now repealed. OF issuing preliminary Lajgne-
tions only after notice 10 th2 defendants. This
would b SSrg y, o % s or Tanbs 4sSd rs6S a f
the redress Of private and public wrongs.
GOMPERs Rejects PRESIDENTS REMEDY.
Mr. Gompers and the American Federation OF
the Gilbert bin introduced IN pursuance OF the
recommendation, and demanded from the President
S1meni -nch action ana said that he would invoke
fut acts ~ woTkingmen as against unlawful acts
ct capitalists Nov Mr. Gompers is seeking to de-
teat Mr. Iituedeld for taking the same view OF this
matter rs Mr.. Roosevelt.
BILL LEGAILZEs BOYCOTTs.
r % % gn% @ section @ 10 Of tse Sse 0%7sTs % g s 6 PrOy,Ses I les
a cornb,nat0n of two or more persons snail he
regarded as UuaV ful. either ertminay or civilly,
% VIA Tk. @ secoa * HteSde s dRd VIII y aaVe ave- the the
effect 10 legalize bcycotts and blacklisting. The
that uTou which all the schemes % organized cap
.i To- {esILn tTuG n Sia % gsISes1 & ~ oHOgoes @ are are
principle 20 far IS "a Iesalize boycotts? They have
been declared Illegal nN TIE supreme courts or
many states of the Union and by the Supreme
Court of the United States. They are oppressive
aud cruel. So baCkliSttnE.
The Anthracite Strike Commission. which
composed Of selected by agreement between
employers and the employees, and had upon u
prominent and able and honorable representatives
Os al classes Cf people including organized labor.
used the following language IN respect to the boy
cCtt.
"It also becomes our duty 20 condemn another
less violent but not less TepTehenslble form Of
upon those rights and liberties OF the citizens
which the public opinion Of civilized countries
oSniZCs aud protests. The right and liberty to
pursue q lawful calling and 20 lead pedceable life
Tree from mOlesJatcn OF attack concern the com
tort aEd hanniness Or al men. and TIE denial OF