The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-09-06
Action of Inferior Federal Courts
Sustained By State and Appellate


Courts.
That the inferior federal courts are
right in maintaining their Jurisdiction
to issue injunctions in such cases has
been decided by Mr.. Justice Harlan
and the court Of appeals Of the seventh
circuit, and by every state supreme
court land there have been five or
SKI, which have been called upon to
decide the question. There is no au-
thority. in this country the other way
except magazine articles and one or
two dissenting opinions. We have,
therefore, consensus of opinion on
this subject by judges, wether appoint
ed or elected, whether holding for life
or for term Of years. II the view is
wrong. 1t is easy to test it by an appeal
to the supreme court of the United
States, but although the opportunities
have been many, this course has not
been adopted.
o. c The Merits. I.ju.etio,s ie Such
They Tend to Peaceful settle-
ment and Law and Order.
Leaving now the legal issue, why
should not such threatened injury
be stopped by Injunction? Why is it
not better in such cases that a 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 certainly tends to preserve law
and order. If as in such cases there
Is no adequate remedy for the injured
person by legal proceedings, after the
injury, the temptation is for him ito
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 an dts public officials alike.
II 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
greatest benefit to the community at
large which Is not SO much interested
In which of the two contestants wins
as 1t is in having the dispute peace
ably and quickly settled.
Great Value Of Labor ORGANIZATIONS.
We live in an age of organization.
The value to the public or organization
of capital I have already discussed.
Labor must organize because other
wise in its legitimate controversies
with capital, in the fixing of its pro-
portion of the point product of labor
and capital, 1t would be helpless. After
a long time, perhaps, the economic
law of supply and demand fixes wages,
but In the not short periods of transit
ton, the organization of labor has GER
tainly raised the maintained wages,
and it has secured other great benefits
to it's members. But the power of
such organizations and combinations,
like those of capital, is sometimes
abused and develops evils that must
be restrained. The Injunction had
been found to be an appropriate reme-
dy for the evils arising from organi-
cation and combinations whether of
labor or capital. This is shown by the
fact that congress in the statutes
against trusts and railway rate dis
ordinations has expressly given
remedy by Injunction against the H.
legal combinations and discrimina-
lions.
Unjust lnjunctiOns.
But 1t is urged with good ground that
injunctions have sometimes issued
from federal and other courts in labor
disputes In which lawful acts Of de-
PENDANTS were enjoined. 1t is no rea-