The state herald., 1907-12-06
The Use md the
Abuse Of Iniunrtions.

Instances Of abuse in the granting of
inlunctions In labor disputes continue To
occur, und 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 tho attack
on the use OF the process Of injunction II
wholly without warrant. but I am con-
strained 10 express the belief that for
some OF II there II warrant This ques-
tion ~ becoming more and more OF prime
Importance. and unless the courts will
themselves deal with II In effective man
ner, II is certain ultimately 10 demand
some form Of legislative action. II would
be most unfortunate for our social well
fare II we should permit many honest
and lnw-abiding citizens to feel that
they had Just cause for regarding our
courts with hostility. I earnestly com
mend TO the attention OF the congress
this matter, so that some way may be
devised which will ilmi, the abuse OF In
functions and protect those rights which
from time 10 time II unwarrantnbly In
vadcs 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. I refrain from discussion of
this question as I am Informed that II
will soon receive the consideration OF the
supreme court"
OF other legislation In the interest Of
labor he fayors federal inspection Of rail-
roads providing limited but definite COM
penSntion for accidents 10 all workm.n
employed In any way by the government.
and says:
''The oonatltutlonallty Of the employer
liability act passed by the preceding con-
grcas has been carried before the courts
In two juriadctions the law has been de-
elnred unconstitutional. and IN three juriH.
dictionH it's constiiutlonAlity has been nf.
frn"d. Tho question hns been carried TO
tao supreme court. the case hns been
heard by that tribunal, and n decision is
expected at mn early date, In the event
that the court should affirm the consti-
tutionality Of the act. I urge further leg
islhtlon along tho lines advocated In my
message TO the preceding congress, The
practice of putting tho entire burden OF
loss Of life or limb upon the victim or
the victims family In n form Of social In.
justice In which tho United States stands
IN unenyiahlo prominence, In both our
federal and our state legislation We have
with few exceptions, scarcely gone
farther than the repeal of the fellow.
servant prineipl. OF tho old law of Habit
ity. and In some Of our states even this
HliRh, modification Of a complete out.
grown principle has no, yet been Sc
cured"
lie fayorr tho extension Of the eight.
hour law 10 all departments ot the gov
ornmant. ana 10 all work carried on by
tho government lie urges legislation
for Tho compulsory inyratiRntlon Of In.
drHtfnl Disputes ana Hnyni
''The need for some provision for such
Investigation was forclbly Illustrated
during IN. past summer, strike Of
telegraph operators seriously ihterforrd
with teloftHphic communication. rhua.
lnE great damage 20 business interests
and serious Inconvenience 10 the gen.
ufni public Appeals were made Ia mo
from many parts of Tho country. from
rity councils, from boards of trade,
from chambers ~ commerce. and from
labor organizations. tfRlnH that steps
boz taken 10 terminate the strike
Everything that could with any pro-
prlely be- done by representative of
the government wnn done without await
and for weeks Tho public stood by ana
suffered without rernurHe ~ any Hind
iind tho machinery existed and had
there been authority Tor compulsory
Investigation of tho dispute. tho public
would have been placed IN possession
OF the merits NJ tho coniruyrtnY. and
public opinion would probably have
brought about prompt adjustment
III lie Idle to hold that without good