The Barre daily times. (Barre, Vt.) 1897-1959, 1907-03-02
Evasion OfIssuesin President
ROoseyeIt's Message
GOVT BY INJUNCTION
Chief Executive Ignored Loss Of Jury
Trials, Also Judge-made Law, and
Nearly All the Other Evils Of Which
Labor Justly Complains.

That portion Of President Rooseyelt's
annual message which deals with In
functions il evaslve. 1t does not dis.
cuss the issues, The president says:
In my last message I suggested the en-.
aotment Of a law In connection with the
issuance Of injunctions attention having
been sharply drawn to tho matter by the
demand that the right on applying in-
functions In labor cases should be wholly
abolished. 1t Is at least doubtful whether
q law abolishing altogether the use OF IN.
functions In such enses would stand the
test Of the courts In which case Of
course the legislation would be inoffec.
tive. Moreover, l believe II would be
wrong altogether TO prohibit the use Of
injunctionE. Il Is criminal TO permit SYM
pathy with criminals to weaken our hands
in unfolding the law. and IL men seek to
destroy life or property by mob violence
there should be no impairment OF the
power Of the courts 10 deal with them in
the most summary and effective way pos
Hible. But so far as possible the abuse Of
the power should be provided against by
some such law as ! advocated last year.
In this matter OF injunctions there Is
lodged in tho hands Of the judiciary a
necessary power which IS nevertheless
subject 70 the possibility OF grave abuse.
II is power that should be exercised
with extreme care and should be subject
10 the Jealous scrutiny OF all men. ana
condemnation should be meted out as
much TO the judge who fails 10 use II
boldly when necessary as to the Judge
who uses II wantonly or oppresslvely. or
course judge strong enough to be nj for
his ONCE VIII enjoin any resort to vio-
ience or intimidation, especially BY con-
splracy. no matter what his opinion may
be Of the rights OF the original quarrel
There must be no hesitation in dealing
with disorder. but there must likewise be
no such abuse o. the injunctlve power
as is implied IN forbiddng laborlng men
20 strive for their own betterment in
peaceful and lawful ways, nor must the
injunction be used merely 70 ala some big
corporation In carrying out schemes for
It's own ACKNOWLEDGMENT IL must DO re-
memhered that q preliminary injunction
In labor Gaze II granted without ade-
auate proof tsven when authority can be
found 10 support The conclusions OF law
on which II is founded, may often settle
the dispute between the parties and there
fore II Improperly granted may DO irrsp-
arabic wrong Xst there are many judges
who assume a mater Of fact course
granting OF aEpreiinlnary injunction to
be tile ordinary aad proper judicial dis
position of such cases. and there have
undoubtedly been fagrant wrongs COM
mitted by judges In connection with labor
DISPUTES evan within the last few years.
although ( lhink mach less often than in
former years Such judges by their un-
wise action immensely strengthen tho
hands a those who are striving entirely
70 do away with the power OF Injunction.
and therefore such careless use Of the In
turctiva process tends TO threaten it's
very existence, Tor 70 the American people
ever become convinced that this process
Is habltualiy abused, whether 10 matters
affecting labor or IN matters aaecting
corporations, Il win be well nigh impos-
sible to prevent its abolition.
This is President Roosevelt's state.
ment OF the government by injunction
issue. Nowhere does he hint Ut tile
loss OF jury trial and the substitution
Of trial by q machine rule appointee.
nor does he hint at the other great
evils OF government by injunction.
Compare his statement with that In the
American Federationist July 10, 1904.
the official journal OF the American
Federation Of Labor:
Government BY injunction IS that sys.
tenn Of government which came into be
ing with the new uses to which the in
junction was put
These new uses OF the injunction have
resulted, first in the abolition Of trial By
jury In certain cases, which Is being
gradually extended as occasion requires:
second, the system prevents a review OF
the facts by higher courts, and, third. a
new legislative system Is installed where
by certain acts Ia opposition to the rule
OF the few are declared unlawful by
judges whom they nominate and elect.
incidentally the system abolishes indiot-
ment Furthermore, one becomes a pris-
0ner as atresulS OF mere filing OF
charges by an attorney Of the ruling few.
coupled with an order by a judge. In
this proceeding there are no witnesses
and no appearance OF the defendant or
his counsel This IS neither better nor
worse than Russian despotism, and it
has gone SO far that IN Colorado men are
banished without any Fort OF trial, after
having been rounded up like SO many