The labor world. [volume] (Duluth, Minn.) 1896-current, 1907-10-12
Secretary Himself Furnished Am
munition When He Was on tho
Bench. - Gompers and Other
Leaders Recall 1njunctions Is-
sued BY Him.
He Had No scruples About Send
ing Strikers to Jail.-Fight
Will Be Against Abuse of Pow
er Given Courts BY Great
Equity Writ.

WASHINGTON, D. c., Oct. TO-
There Is far greater interest in Wash
ington in the fight that has been begun
against Secretary Taft by Samuel
Gompers than in the rest OF the coun-
try. Issuance Of injunctions against
strikers, according to Secretary Taft
himself, Is the greatest weakness In
his political makeup. He himself was
the first to call attention to that weak
ness. He did 1t as soon as he saw that
friends of his were serious IN naming
him In connection with the honor. His
idea was that his record as judge
made 1t impossible for him TO become
the candidate Of any party.
All efforts Of his political followers
have been to persuade him to take a
more hopeful view Of the matter They
believed, when no immediate assault
was made upon him. that the leaders
Of organised labor were going to pass
over that part Of his record. It was
figured that the presidents interest In
his, secretary Of war would make Nit
chell. Sargent, Clark and other labor
leaders who are warm supporters Of
the president exert themselves to keep
Gompers and leaders who do not fol-
low the president from jumping on the
injunction record.
Gompers Simply Waited:
But Gompers thought it better to
walt until Taft had attained promi-
nence as candidate for the nomin.
alton before calling attention to what
Taft had issued injunctions forbidding
men to do what Is forbidden by statute
and then had sent those whom he held
to be guilty to Jail without the benefit
Of a trial before q Jury to determine
the fact whether they had really ig-
nored the order Of the court. Gompers
and the other labor leaders are going
to make 1t clear that they are not
fighting against the injunctive process,
but merely the abuse of power given
judges by the great equity writ.
Secretary Taft furnished them with
ammunition on that point when he ad-
vised the voters Of Oklahoma to vote
against the constitution of the state
manding Judges who think their orders
have been violated to submit the ques-
ton Of fact to Jury.
Frank S. Monnett, formerly attorney
general Of Ohio, who has been here
nearly all week as attorney for the
Oklahoma people who wanted the
president to approve the constitution.
thinks Secretary Taft made a great
mistake in attacking the provision Of
the constitution.
Abuse Of the Equity Power.
Had there never been abuse Of the
equity power" said he, there never
would have been necessity for such
curbing of the judges. We provide for
a determination by jury as to
whether an act of the legislative power
has been violated. The same is true
with regard to executive orders having
the effect Of law. 1t Is pertinent to
inquire, then, whether the judicial
power is to be- exercised without some
inquiry into the facts by disinterested
men.
I'm the fight between the -Chancery
courts and the Kings Of England the
writ Of injunction was used to protect
persons against the encroachments OF
the executive power. Nowadays it is
used chiefly to get rid Of trial by jury.
That Is the central fact that stands
out In the fight against the usurpation
of judges.
There is full, clear and adequate
remedy In actions at law for every act
! forbidden by the customary injunction
issued at the time Of a strike. The
usual strike injunction merely forbids
trespass and assault. The statutes
forbid trespass and assault. Injunc-
ton is supposed to be used to prevent
irreparable damage. It is true that
law trials in time Of strikes may not
of the employer as might be desired,
but that Is hardly sufficient reason for