The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1907-10-17

Washington in the fight that has
been begun against Secretary Taft
by Samuel Gompers than in the
rest of the country. Issuance of
lnJunctions against strikers, :,c-
cording to Secretary Taft himself,
Is the greatest weakness in his
political makeup. He himself was
the first to call attention to
that weakness. He did it as
soon as he saw that friends of
his were serious in naming him in
connection with the honor. His
idea was that his record as a Judge
made it impossible for him to be.
come the candidate of any party.
All efforts of his political follow
ers have been to persuade him to
take more hopeful view of the
matter. They believed, when no
immediate assault was made upon
him, that the leaders of organized
labor were going to pass over that
part of his record. 1t was figured
that the. presidents interests
in his secretary Of war would
make Mitchell, Sargent, Clark and
other labor leaders who are warm
supporters of the president exert
themselves to Keep Gompers and
leaders who do not follow the pre-.
sldent from jumping on the in
junction record.
But Gompers thought it better
to wait until Taft had attained
prominence as Il candidate for the
nomination before calling attention
to what they call the great fact
namely, that Taft had issued in
functions forbidding men to do
what is forbidden by statute and
then had sent those to whom he
held to be guilty to Jail without the
benefit of trial before Il Jury to
determine the facts whether they
had really ignored the order of the
court. Gompers and the other
labor leaders are, going to make it
clear that they are not fighting
against the injunctivc process, but
merely the abuse of power given
judges by the great equity writ.
Secretary Taft furnished them
with ammunition on that point
when, he advised the voters of
Oklahoma to vote against the con-
Stitution of the state because there
is a provision in it commanding
judges who think their orders have
been violated to submit the ques-
tion of fact to a jury.
Frank S Monnett, formerly at
torney general of Ohio, who was
in Washington recently as at
torney for the Oklahoma people
who wanted the president to ap-
prove the constitution, thinks
Secretary Taft made great mis-
take in attacking the provision of
the constitution.
"Had there never been abuse of
the equity power" said he, "there
never would have been necessity
for such curbing of the Judges.
We provide for Il determination by
a jury as to whether an act of the
legislative power has been violated.
The same is true with regard to
executive orders having the effect
of law. 1t is pertinent to inquire,
then, whether the judicial power
is to be exercised without some in
quiry into the facts by disinter-
ested men.
ssIn the fight between the Chan
Gerry courts and the Kings of Eng
land the writ of injunction was
used to protect persons against the
of the executive
power. Nowadays it is used
chiefly to get rid of trial by jury.
That is the central fact that stands
out in the fight against the
of judges.
s'There is full, clear and
adequate remedy in actions at law
for every act forbidden by the
customary injunction issued at the
time of a strike. The usual strike
injunction merely forbids trespass
and assault The statutes forbid
trespass and assault. Injunction
is supposed to be used to prevent
damage. 1t is true
that law trials in time of strikes