The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-09-06

and sold. Indeed man IS business has
been frequently protected by iniunc-
tions against unfair and fraudulent
property right is to be limited to one
growing out of ownership of tangible
property, certai:ly right in a going
business is right of a pecuniary ma
ture.
I am willing to submit to the consid-
crate judgment of laymen whether in
this, matter the courts are not correct
in holding that unlawful injuries to
right. IT they are correct, then this
section should not become law. because
1T would simply make a privileged
class OF laborers who break the law by
lnjuring others and would give them
an Immunity from an effective remedy
that lawbreakerS of no other class en-.
joy.
Federal Courts Sustained.
That the inferior federal courts are
right in maintaining their jurisdiction
been decided by Mr.. Justice Harlan
and the court Of appeals Of the sew
enth circuit, and by every state SUI
preme court (and there have been five
or six) which has been called upon
to decide the question. There is no
authority in this country the other way
except magazine articles and one or
therefore, consensus of opinion on
this subject by judges, whether ap-
pointed or elected, whether holding for
life or for a term of years. If the
view is wrong, it is easy to test it by
an appeal to the supreme court of the
United States. but altho the opportuni-
ties have been many, this course has
not been adopted.
Leaving now the legal issue, why
should not such threatened injury be
stopped by Injunction? Why is it not
better in such cases that court should
decide in advance what the rights Of
the parties are upon the facts as shown
and enforce its views. than to allow
the wrong to be committed? This GER
talnly tends to preserve law and or
der. II, as in such cases, there is no
adequate remedy for the injured per-
son by legal proceedings, after the in
jury, the temptation is for him ''to
take the law into his own hands, as
the phrase is, and then we have a civil
war. This is what happened between
the miners and the corporations in
Colorado, when the state was disgraced
by the lawless. proceedings of capital
and labor and its public officials alike.
If private wrongs of this character can
be brought into court promptly, as in
case Of an injunction suit, it not only
promotes Justice to the parties directly
interested, but it is also of the great
est benefit to the community at large,
which is not so much interested in
which of the two contestants wins as
it is in having the dispute peaceably
and quickly settled.
Value of Labor Organizations.
We live in an age of organization.
The value to the public of organization
OF capital [ have already discussed.
Labor must organize because otherwise
IN It's legitimate controversies with cap
ltal, In the fixing of it's proportion Of
the joint product of labor and capital. it
would be hel pless. After long time,
perhaps, the economic law of supply
and demand fixes wages, but in the not
snort periods of transition, the organ
lzat1on of labor has certainly raised
and maintained wages, and it has Sc
cured other great Benefits to it's mem
bers. But the power Of such organiza-
lions and combinations, like those of
capital, is sometimes abused and de-
Yelops evils that must be restrained.
The injunction has been found to be an
appropriate remedy for the evils aris-
ing from Organization and combinations
whether of labor or capital. This is
shown by the fact that congress in the
statutes against trusts and railway rate
determinations has expressly given
remedy by injunction against the illegal
combinations and determinations.
But it is urged with good ground that
injunctions have sometimes issued from
federal and other courts in labor dis
putes in which lawful acts of defend
ants were enjoined. 1t is no reason for
taking away a jurisdiction from court
that it sometimes commits error-courts
OF appeals are created to remedy err
rors. In one instance at least an appeal
was taken by the labor defendants and
the lower court s injunction was modi-
fed. In another case. in federal
court. the judge himself was asked to
reconsider the form Of his Injunction
granted ex parte, which he did. found
that 1t was in error, the injunction was
modified, the strike went on and the
men won. 1t is said. however, that an
injunction unjustly broad may break
up a lawful strike before an appeal
can be perfected. This may be true in
some instances. but if an appeal in such
a case is prosecuted to higher court
and the error corrected, inferior courts
will not again make the mistake
President Roosevelt's Remedy.
Errors in the scope of restraining or
GcrS have been committed at times,
it is said, because issued hastily at the
instance Of lawyers for the employer
and without notice to the persons to be
onioined. This fact was called to the
attention of President Roosevelt He,
therefore, recommended to congress. in
pursuance of the request of the heads
OIL some of the most conservative and
best-conducted labor unions in this
country, that an amendment be adopted
returning to the practice that formerly
prevailed in courts Of the United States,
under a statute now repealed, of issa-
ing preliminary iniunctions only after
notice to the defendants. This would
certainly prevent hasty or undue ac.
ton. and at the same time not destroy
valuable remedy for the redress Of
private and public wrongs.
Mr.. Gompers and the American Fed
| Grafton of Labor spurned the prcsi-
dent s recommendation, and the Gilbert
bill introduced in pursuance of the rec
| cmendation, and demanded from the
president and congress complete abo-
Etion Of the injunction in such cases.
The president declined to recommend
such action and said that he would in.
woke the remedy of Injunction as quick
ly against unlawful acs of workingmen
AS against unlawful acts of capitalists.
Now Mr.. Gompers is seeking to defeat
Mr.. Littlefeld for taking the same view
of this matter as Mr.. Roosevelt.
Legalizes Blacklisting.
The second section of the Gompers
bill provides in effect that no act in
respect to labor matters by combin-
! ar cA,n