The Idaho Springs siftings-news., 1907-12-07
The Use and the
Abuse Of InjunctiOna.

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 It there is warrant This ques-
ton is becoming more and more of prime
Importance, and unless the courts will
themselves deal with it in effective man
ner, II is certain ultimately to demand
some form of legislative action. 1t would
be most unfortunate for our social well
fare IL we should permit many honest
and law-abidinE 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 it 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 az I am informed that 1t
will soon receive the consideration Of the
supreme court"
OF 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 constitutonality 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 juris-
dictions its constitutionality has been af-
frmed. 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 consti-
tutionality of the act, l urge further leg
islation along the lines advocated in my
message to the preceding congress The
practice of putting the entire burden of
loss of life or limb upon the victim or
the victims family is n form of social in
justice In which the United States stands
in unenviabe 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
dustrial disputes, and says:
1.-The need for some provision for such
investigation was forcibly Illustrated
during the past summer. A strike of
telegraph operators seriously interfered
with telegraphic communication caus-
ing great damage to business interests
and serious Inconvenience to the gem
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-
prety be done by 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 ths merits of the controversy and
public opinion would probably have
brought about prompt adjustment.
III In idle to hold that without pood