The Barre daily times. (Barre, Vt.) 1897-1959, 1908-01-15
.INJUNCT|ORS JOLTED..
A Setback For Government by
Federal Courts.
LABOR's CONTENTION PROVED.

LHDUn , GUN Lis tON nOtEU'
Blonificance Of the Successful Protest
Of Several States Against judicial In
vasion and usufpation Of the Peoples
Rights.
Organized labor Is aware how unwill-
Ing. reluctant and unfair congress and
most Of the legislatures have been In
the treatment OF the vital and funda-
mental question Of government by in
junction, which involves the denial to
strikers, pIckets. sympathizers and 9th
ers the right OF trial by jury and the
possibility of punishment for contempt
at the whim OF the court for actions
perfectly legitimate actions no jury
would declare criminal or unlawful.
During many years the American
Federation Of Labor and central and
local organizations or labor fought
hard for the limitation Of the use Of
the injunction aud the vindication OF
law and justice. For this we and they
have been denounced by politicians
and newspapers OF a certain class as
enemies OF the courts. disturbers OF
the peace, seekers OF special privileges
and what not. We have been told that
the judges. state and federal. have
done nothing by their injunctions. con-
tempt cases and arbitrary sentences to
which law abiding American should
take exception, that labor has been
treated as all other classes are treated
and that everything is for the best In
this best Of all possible Injunction gov
erned worlds.
Some Of the highest public officials
have admitted that the Injunction proc
ess has been abused In labor cases, but
they would not recommend any rene
dial legislation save as regards notice
and hearing on application for re-
straining writs In ''nonemergency"
cases. We have not thanked them for
such small and doubtful fayors, espe-
cially since. IL truth. their proposals
would Iegallze and sanction the abuse
OF injunction rule and make our last
state worse than our first
Recently another chapter has been
added to the literature Of the injnnc-
ton question. It Is very instructive
and interesting chapter Labor should
take It to heart and profit by it.
We refer TO the recent so called state
federal war over the rate reduction
laws and the terms Of settlement that
have been negotiated In some OF the
states, notably North Carolina, Ala
bama ana Virginia There are pluto
cratic editors who say that the Unit
ed States has ANONYMOUSLY surren-
dered, that the president has missed a
great opportunity to emulate Jackson.
that fhe south Ii again threatening Sc
cesslon and preaching sedition and
and that the southern gov
errors have acted wildly and 'madly."
Plenty OF abuse has been heaped upon
the head OF Governor Glenn and not
little upon that OF Governor Conner.
But they laugh best who laugh last,
and they have won and have the laugh
over the rash defenders OF notification
by injunction.
Our readers know the essential points +
ID the controversy. At any rate, this
Is not the proper place for review Of J
The merits OF the several controversies <
Or for the expression Of definite opIn-
ons concerning the propriety Of the \
course Of the southern executives. But 4
The fact that compromises have been
forced on injunction mad judges, usurp-
srs who claim the power To suspend X
state statutes without even ruling on
heir constitufionaiify to RESTRAIN state (
-aiiroad commissions from completing
egal functions and duties or from pub <
ishing orders or announcing decisions /
reached after patient inquiries, to treat
'tate legislatures and state courts with
contempt and grant injunetions on ex
,arte testimony Of the windiest and I
most worthless character, to declare
,enal sections OF state laws unreasona-
lie without regard to the purposes Of
he laws themselves just because these
ections have teeth and are really
fact. we say, Is cheer.
ng inspiring and significant.
The federal courts have long needed
uch a lesson. They have been en-
medfling, adding to their
'owers, acting IN arrogant, high hand
a ways and assuming to be the whole
government They have not only been
their jurisdiction, but chang
ng the character OF the weapons in
rusted to them.
Public sentiment in the south would
ot tolerate such usurpation and inva-
ion, and the judges OF the Pritchard .
ype have had TO capitulate. with their
clients and owners. They
ave been reminded Of the fact that at
Ines the people make the laws for
be courts and that this country is not
ct an oligarehy of plutocrats and
heir judicial servants.
Injunctions in labor cases are even
sss defensibie than those which pro-
oked the Indignation OF the south and
asulted in the successful protest
gainst judicial invasion aud tyranny.
An equally powerful sentiment an
rganized opposition. vigorous and
protest on the part Of al the
rganized workers and their justice
wing friends cannot fail TO produce a
Ike result in the sphere that directly
oncerns labor. The Injunction abuse
lust so. and labor recover its constitu-
onal rights.-American Federationist.
BILL. II -. L.