Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-12-04
public discomfort with the or
law VIII continue.
Mild Protest Against
Abuse of Writ of
Injunction by Courts.

i Abuse OF WHIT OF
I Injunction by Courts.
Instances Of abuse IN the grant.
ing Of injunctions in labor disputes
continue 10 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
unwarrantiy restrained continues
likewise TO grow Much Of the attack
on the use Of the process Of intunc-
ton tx wholly without warrant: but
am constrained 10 express the belief
that for some OF il there is warrant.
This question Is becoming more and
more one Of prime Importance. n
unless the courts themselves deal With
Il IN effective manner. IL IL certain
ultimately 10 demand some form or
legislative action. 1t would be most
unfortunate for our social welfare
II we should permit many honest and
~laW-abiding citizens to feel that they
has just cause for regarding our
courts with hostility. earnestly
commend to the attention Of the con
gress this matter, 50 that some way
may be devised which Will limit the
abuse Of injunctions and protect
those rights which from time 70
time II unwarrantabiy invades.
Moreover, discomfort Is often express
ed with the use Of the process Of
Injunction by the courts. not only in
labor disputes. but where state laws
are concerned. ! refrain from dis
cussion OF this question as ! am in
formed that II VIII soon receive the
consideration Of the supreme court,
The federal courts must of curse
decide ultimately what are the res
pective spheres of state ard nation
in connection with any law. and they
decide definitely and finally in
matters affecting individual citizens
only as TO the rights and wrongs
OF labor but as to the rights and
wrongs Of capital; and the national
government must always sec that the
decision of the court Is put into ef-
feet. The process OF injunction II an
essential adjunct of the courts do
Ing its work wen; and as preventive
are always better than
remedial. the wise use Of this process
is from every standpoint commend
able. Hut where II Is recklessly or
unnecessarily used. the abuse should
be censured. above all by the very
non who are properly anxious TO pre-
vent any effort to shear the courts OF
his necessary power. The courts de-
'ision must be final; the protest II
pnly against the conduct of individ-
ial judges In needlessly anticipating
iuch hnal decision, or In the tyran-
llfui Use OF Wlhi ~ lpHlNihiiN ~ itli
)orary Injunction to accomplish what
\ In fact a permanent decision
Accidents.
Tho loss Of life and limb from
accidents In this country has
become appalling. II Is q subject
II which the national Government
.hould take supervision Il might be
veil To- begin by providing for a
inspection Of interstate rail-
somewhat along the lines Of
inspection Of steamboats,,
Though not going so far; perhaps
L FIRST all that II would be necessary
% have would be some officer whose
.uty II would be To investigate all ac-
on interstate railroads and re-
rurt in detail the causes thereof.
UGH an officer should make II his
BUSINESS TO ger m close touch with
operating men So as TO be-
ONE thoroughly familiar with every
Idle Of the question, the idea being 10
along the lines or the present
teamboat Inspection law
EMPLOYERS Liability.
The national government should be {
model employer. II should demand =
he highest quality Of service from Z
arh OF It's employees aud II should 1
are FOR AN of them properly In re- I
irn. Congress should adopt legisla- J
providing limited but definite =
~lmpensatiun FOR accidents TO all q
.orkmen within the scope Of the fed
raj power, including employees 81 q
aVy yards and arsenals, In other II
.ords. a model employers liability T
RI. f~ai-reuchlng and thorough-go- +
* should be enacted which should .
pply TO all positions. public and pri-
ate. over which the national gov
.mcrt has Jurisdiction The num-
ar ut accidents TO Wagc-workcrss u
those that are p~revcntable y
nd those that are not, has become I
ppalling In the mechanical, man u
featuring. and transportation opera ~
of the day. IL works grim u
to the ordinary wage-worker II
iis family 10 ave the effect ut ~
ICh an accident fall solely upon L
Inn. and. ON the other hand, there Y
-o whole classes of attorneys who p
only by melting men who may q
u have been wrunged 90 undertake u
FOR negligence. A. a matter OF y
.ct O. suit for negligence Is geuer- z
iy an inadequate remedy Tor tia" ~
injured. while u often causes =
together disproportionatc annoy y
zee to The employer. The law !"
be made such that the pay %
cut for accidents by the employer Z,
DE automatic Instead OF hoing X
mgi ter for lawsuits Workmcn o
receive certain and definite u
improvisation for all accidents Ia In y
irrespective Of negligence. y
ic employer Is the agent of the pub u
aud On his own responsibility =
id iuf hts own profit he serves the
thllt. when ne starts la motion
.cu0Ics which create risks for others,
should take all the ordinary and
%tUuordinary risks Involved. and
~ rick he thus az tho moment as
viii ultimately be assumed a.
uuEht Go hc. hN The general public
ly Boo this wtsN can the shock of
o. accident hc dinuFed. instead uf
ling upon the man co. woman least
Do, iu near o. us is % thc ease
be- community go large should bear
p burdens ts we'll H- the benefits of
Iuetft. Ht the proposed law. cm
overs WOULD gain a. desirable Ger.
lutN of obligation and get rld uf o.
,atIuu Co determine iL. while thr
we'd from a crushing load. With
a HullgA would come increased
&C., and accidents would hc reduced
number The national laws pro-
ling tor employers liability pn
Ilrpads engaged in Interstate COM /
free % Tor safety appliances. a. /
~ H- for diminishing the hours i
q employee nl "a railroad should be- |
rmiffed Co work.. should ala hr |
enlightened whenever in acfual prHc-
RI thrN have shown weakness they |
bt Kept 1900 the statute books L
tnnruughgniuu fashion l
"H.. HH.H.HHHH ..H.. #.Ha" .H ola. III II