The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1907-12-06
The Use and the
Abuse of Iniunctionn,

Instances OF abuse in the granting OF
injunctlons 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
aud OF speech unwnrrantably restrained
continues to grow, Much OF the attack
on the Use OF the process of Injunction is
~.'vity Tithon: warrant; but ! am con
strained to express tho belief that for
some OF It there Is warrant This cues
ton Ia becoming more and more Of prime
Importance, and unless the courts will
themselves deal with II in effective man
ner, 1t Is certain ultimately to demand
some form OF Legislative action, II would
be most unfortunate for our social wei
fare II we should permit many honest
and abiding citizens to feel that
they had just cause for regarding our
courts with hostility. / earnestly com
mend 10 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 Il unwarrantably In
vades. Moreover. discomfort is often OK
pressed with the use Of the process OF
injunction by the courts, not only in Ia
Dor disputes but where state laws are
concerned. ] refrain from discussion OF
this question as ! am Informed that II
VIII soon receive the consideration of the
supreme court"
or other legislation in the inherent 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 constitutionality OF the EMPLOYERS.
liability act passed by the preceding con-
gress has been carried before the courts
In two jurisdictions the law has been do
clared unconstitutional, and In three turis-
dlctions It's constitutionality has been af-
hrmed. The question has been carried to
tue supreme court, the case has been
heard by that tribunal, and decision ia
expected at an early date In tho event
that tho court should affirm the consti-
tutionality of the act. | urge further leg
Islation along tho lines advocated in nv
to the preceding congress. Tho
practice OF putting the entire burden OF
loss OF life or limb upon Tie victim or |
the victims family is a form of social in |
Justice in which the United States stands |
n unenViablo 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 nabii-
ty. and in some OF our states even this
slight modification of a complete out
grown principle has not yet been So
rrd."
ic favors the extension of the eight
Inur law TO all departments of the gov
'rnment, and to all work carried on by
he government He urges legislation
or the compulsory investigation OF in
iustrial disputes. and says:
THE need for some provision for such
Investigation was forcibly illustrated
Turing the past summer. strike OF
telegraph operators seriously interfered
With Geographic communication. caus-
ng great damage to business interests
md serious Inconvenience to the gem
raj public. Appeals were made to me
rom many parts of the country, from
ity councils. from boards of trade
rom chambers of commerce, and from
abor organizations, urging that steps
70 taken to terminate the strike.
Everything that could with any pro.
riety be done by n representative of
he government was done without avail
nd for weeks the public stood by and
uttered without recourse of any kind
lad the machinery existed and had
here been authority for compulsory
Investigation Of tho dispute. tho public
'ould have been placed in possession
I the merits of tho controversy, and
ublic opinion would probably have
rought about prompt adjustment.
= So = - 4