The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-09-06

RAA4R0 ~ NAo SAAANNA ge1sN1s - 9D11NN
has been made q frequent subject Of dis
cussion and pointed to with scOrn as the
defender OF special Interests against the
public veal. II IL noteworthy that TO the
which have redounded 90 much TO the credit
Of Mr.. Roosevelt's Administration the
senate has contributed o wealth Of ability
n legislative experience, and that instead
Of defeating. or narrowing measures sup
posed to be inimioal 70 corporate interests.
i made the chief legislative act OF this
Congress-the railroad rate bill-more COM
~prebensive and effective by its amend
ments.
There has been nothing noVa cruel and
unjust In the history Of politics than the
recent attempt by magazine articles 70
destroy the reputation OF some OF the
greatest and ablest men In the Senate
who have devoted their lives to thu public
Il. by ~attributing to them corrupt motives
for theft legislative course and by charges
Of the vaguest and most unsatisfactory
character which II IL impossible for them to
answer, and which they must leave to a
grateful public to gpurn and reject AZ UNI
founded In the hight Of their honorable
lives. Such charges arc not made merely
out OF a malicious desire to injure the par
ticular Senator'S, but they are made un-
ningly and, viciously to further tho i'm
public life are corrupt OF are under corrupt
influences, n thus TO stir up and lnfame
the passions Of the ignorant and the um-
fortunate against the existing order. srS
SENATOR FRYE.
Your own able Senators have thus far,
I believe, escaped such attacks, but their
prominence, ability and distinguished SER
vice do not assure them immunity. Sena-
tor Frye, hat warhore Of Republicanism,
is before his constituents for return to the
Senate. Maine will certainly honor itself
again by~'continuing him in the seat In which
hA kaa $4,000 HE dNAkA a~1 .asxAA.w - f@--
with marked fidelity and usefulness. 7
MR.. LIrTLEFIELD. s
have come into this district at the re-
quest Of Mr.. Littlefeld 20 take part in his
canvass for Congress. He Ia a legislator
OF ability, honesty and courage, with high
ideals and clear perception. In his, defeat
the public and the Republican party would
lose a most useful representative. MI
Littlefield believes he believes with
earnestness and does not hesitate to state
his reasons with force n candor. He il
a type OF the men whom this great State
has been in the habit OF sending TO both
houses OF Congress-; men who by their
force and character and experience nave
given to this State and the people Of this
State much more influence in national
codffcils than n number Of its people or
the extent OF its business interests and
wealth would Justify. Whether IN the
House or the Senate. II a bill Is to be passed.
the questions how the representatives OF
Maine will vote on it, what they will say
in opposition TO II or In defence OF IL, what
influence they will bring TO bear with their
fellows for its passage or defeat. nave
always had to be considered by those who
favor or oppose the measure. The people
Of Maine have secured this, first by care
in selecting their representatives and
second by continuing them in Office after
sometimes even though upon particular
measures, In the Independence Of their
views, they may differ from the majority
Of their constituents. Mr.. Littleield Is q
stanch Republican. Sometimes he has
not favored measures which the Admins
tration hoped might pass, but generally
he is counted as one OF the effective sup
porters Of its policy. He has been a strong
and efficient supporter OF Mr.. Roosevelts
policy to curb the misuse OF corporate wealth
and railway discrimination. He does not
masquerade as a Republican and act as a
Democrat. Nothing could be further from
the truth than that the Administration
would be gratified by his defeat. On the
contrary, IL feels the ~liveliest interest in
and desire for his success.
OPPOSITION TO Mr.. L~ITTLEFIELD ON Ac-
COUNT OF voTE ON AN~rI-INJUNcTToN BILL.
Mr.. Littlefeld, Mr.. Cannon and some
other Congressman have incurred h pro-
nounced political oppoeition OF the Amer
lean Federation OF Labor and OF Mr..
Gompers because in che discharge OF their
Congressional dutieS they have opposed
the passage Of a bill which Is very urgently
pressed for passage by the American Fedora
ton OF Labor. l venture to ask your at
tention TO the issues which are thus raised.
The first section Of the bill in effect denies
to any person engaged in business the right
to an Injunction against those who propose
unlawfully to injure his business In labor
disputes. Mr.. Gompers and the supporters
OF his bill contend that an injunction can
not properly issue in any such case OF threat
ened injury because the business rights
about TO be unlawfullv injured are not
property rights and an injunction can only
issue to protect pronertv rights. Thew say
that the inferior Federal courts by issuing
injunctions in such cases have usurped
powers not given them and that this section
merely, limits their Jurisdiction a. It was
limited before the usurpation.' The SUI
preme Court OF the United States, in an opin-
ion concurred in by all the members Of the
court, has decided that an injunction NAV
issue against al unlawful interference Nth
property rights or rights of a pee unidru nature
Whenever a suit and Judgment for damages
after the commission OF the injury and I'M
lawful acts would not DO an adequate rem
edy for the injured party. A judgment
for damages in such cases and under such
certainly not be an adequate remedy, and
the supporters Of the bill before the on
gressional committee did not contend thatit
would be.
INJURY TO BUSINESS Is AN INJURY To A 4,
PROPERTY OR RIdHT.
The exact and only question at issue
therefore in determining whether the first
section Of Mr.. Gompers's bill should be
enacted into law il whether an unlawful
injury to a going commercial, manufacture
ing or transportation business is an injury
or interference with either a right OF prop
erty OF a right Of a pecuniary nature. This
question would seem to answer itself in
the Affirmative. The rood will Of a bust
ness, which is really the thing of value a
man has in the custom he has built up by
his business, il so much of a property right
that It il frequently bought and sold. In
deed, a mans business has been frequently
protected by injunctions against unfair
and fraudulent competition. Even II IL be
conceded that a property right is TO be
limited to one growing out OF ownership
Of tangible property. certainly a right in
a going business is a right OF a ~pecuniary
nature.
am willing to submit to the consider
ate judgment OF laymen whether in this
matter the courts are not correct in hold
ing that unlawful injuries to business are
iniuriaR IN n D0Ctlniarv right n thew