The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-03

tiOuS III tue jury DOx. DUN VI thcSS
evils must be removed or public dis
content with the criminal law will con-
tinue.
Injunotions.
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 aud their lib
erty Of action and Of speech unwar-
rantly restrained continues likewise to
grow. Much of the attack on the use
of the process Of injunction is wholly
without warrant, but I am constrained
TO express, the belief that for some OF
II there is warrant. This question is
becoming more and more one OF prime
Importance, and unless the courts will
themselves deal with 1t In effective
manner 1t Is certain ultimately to de-
mand some form of legislative action.
1t would be most unfortunate for our
social welfare IL we should permit
many honest and law abiding citizens
to feel that they had just cause for re-
garding our courts with hostility. I
earnestly commend to the attention Of
the congress this matter. so that some
way may be devised which will limit
the abuse of injunctions and protect
those rights which from time to time
IL unwarrantably invades. Moreover,
discomfort is often expressed with the
use of the process Of injunction by the
Il. In Ittf
where state laws are concerned. l re-
frain from discussion Of this question,
as | am informed that II will soon re-
ceive the consideration of the supreme
court.
The federal courts must of course
decide ultimately what are the respec.
tive spheres of state and nation In con-
nection with any law, state or national,
and they must decide definitely and
finally i'm matters affecting individual
citizens, not only as to the rights and
wrongs Of labor, but as to the rights
and wrongs of capital, and the ma
tional government must always see
that the decision of the court is put
into effect The process of injunction
is an essential adjunct Of the courts
doing its work well, and as preventive
measures are always better than RENE
dial the wise use Of this process Is
from every standpoint commendable.
But where II Is recklessly or unneces-
sarily used the abuse should be CEN
sured, above all by the very men who
are properly anxious to prevent any ef-
fort to shear the courts OF this neces-
sary power. The courts decision must
he final. The protest is only against the
conduct of individual judges In need
lessly anticipating such final decision
or I'm the tyrannical use OF what is
nominally a temporary injunction to
accomplish what is in fact permanent
decision. a
Accidents.
The loss Of life and limb from rail-
road accidents in this country has be-
come appalling. 1t Is a subject of
which the national government should
take supervision. 1t might be well to
begin by providing for a federal in
spcction of interstate railroads some
what along the lines Of federal inspec-
ton of steamboats,, although not going
so far. Perhaps at first all that ii
, would be necessary to have would be
some officer whose duty would be to
investigate all accidents on interstate
railroads and report in detail the
! causes thereof. Such an officer should
make 1t his business to get into close
touch with railroad operating men, so
as to become thoroughly familiar with
every side Of the question, the idea
being to work along the lines of the
present steamboat inspection law.
Employers Liability.
The national government should be
model employer. 1t should demand
the highest quality Of service from
each of its employees, and it should
care for all of them properly in re-
turn. Congress should adopt legisla-
ton providing limited but definite
compensation for accidents to all
workmen within the scope Of the fed
eral power, including employees of
navy yards and arsenals. In other
words, a model employers liability act,
far reaching and thoroughgoing. should
be enacted which should apply to all
positions, public and private, over
which the national government has
jurisdiction. The number Of accidents
to wageworkers, including those that
are preventable and those that are
not, has become appalling In the me-
chanical, manufacturing and transpor-
tation operations Of the day. 1t works
grim hardship to the ordinary wage
worker and his family to have the ef-
feet of such an accident fall solely up
on him, and, on the other hand, there
are whole classes Of attorneys who ex-
list only by melting men who may or
may not have been wronged to under
take suits for negligence. AS matter
Of fact, suit for negligence is gen.
orally an inadequate remedy for the
person injured. while 1t often causes
altogether disproportionate annoyance
to the employer. The law should be