The Elbert County tribune., 1907-12-05
The Use and the
Abuse of Injuncfions.


Instances of abuse in the granting of
injunctions in labor disputes continue to
occur, and the resentment in the minds
of those who feel that their rights are
being invaded and their liberty of action
and OF speech unwarrantably restrained
continues to grow. Much of the attack
on the use of the process of injunction is
wholly without warrant: but / am con
strained to express the belief that for
some of 1t there Is warrant. This ques-
tion is becoming more and more of prime
importance, and unless the courts will
themselves deal with II in effective man
ner. 1t is certain ultimately to demand
some form of legislative action 1t would
be most unfortunate for our social well
fare IL should permit many honest
and law-abfding citizens to feel that
they had just cause for regarding our
courts with hostility. / earnestly com
mend to the attention of the congress
this matter, so that some way may be
devised which will limit the abuse of in
functions and protect those rights which
from time to time 1t unwarrantably in
vades. Moreover. discomfort is often ex-
pressed with the use of the process of
injunction by the courts, not only in la
Dor disputes. but where state laws are
concerned. refrain from discussion of
this question as I Informed that 1t
viii soon receive the consideration of the
supreme court
or other legislation In the interest Of
labor he favors federal inspection of rail-
roads; providing limited but definite com
pensation for accidents to all workmen
employed in any way by the government,
and says;
'The constitutionality of the employers
liability act passed by the preceding con-
gress has been carried before the courts
In two Jurisdictions the law has been de-
clared unconstitutional. and in three turis-
dictions its constitutionality has been af-
firmed. The question has been carried to
tue supreme court, the case has been
heard by that tribunal. and decision is
expected at an early date. In the event
that the court should affirm the consu-
tutionality OF the act. ! urge further leg
lslation along the lines advocated in my
message to the preceding congress. The
practice OF putting the entire burden Of
loss of life limb upon the victim or
the Victims family is "A form of social In
justice in which the United States stands
in unenvlable prominence. In both our
federal and our state legislation we have,
with few exceptions. scarcely gone
farther than the repeal OF the fellow
servant principle of the old law of liabil-
ity. and In some of our states even this
slight modification OF a complete out
grown principle has not yet been Sc
cured"
He favors the extension of the eight
hour law TO all departments of the gov
ernment. and to all work carried on by
the government. He urges legislation
for the compulsory investigation of in
dustrlal disputes. and says:
''The need for some provision for such
investigation was forclbly illustrated
during the past summer. A strike of
telegraph operators seriously interfered
with telesraphtc communication, caus-
ing great damage to business interests
and serious Inconvenience to the gen
eral public. Appeals were made to me
from many parts OF the country, from
city councils from boards of trade
from chambers OF commerce, and from
labor organizations. urging that steps
be taken to terminate the strike.
Everything that could with any pro-
priety be done by a representative OF
the government was done without avail
and for weeks the public stood by and
suffered without recourse of any kind
Had the machinery existed and had
there been authority for compulsory
investigation of the dispute. the public
would have been placed in possession
OF tho merits Of the controversy. and
public opinion would probably have
brought about prompt adjustment.
1T In idle to hold that without good