The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1908-09-03
LABOR lNjUNcTloNs.
aust Not Be Used as Means TO Set
Aside Trial by Jury.

In the current number of the Amer
lean Fedora zionist is an editorial on
. The Essence OF I.abor'S Contention
on 1njunctionS" which was submitted
to the general council of the a. F. of l..
and approved by that body. 1t says in
part:
1t will be seen that labor neither
questions the integrity of nor desires
to .'shackie" the courts; that it stands
for and insists upon absolute equality
before the law-nothinS more. nothing
less. Labor insists that
The writ of injunction was intended
to be exercised for the protection OF
property rights only.
He who would seek its aid must
come into court with clean hands.
There must be no other adequate
remedy in law.
1t must never be used to curtail per-
sonal rights.
to punish crime.
1t must not be used rs means TO
set aside trial by jury.
1njunctionS as issued against work
men are never used or issued against
any other citizens of our country. 1t
Is an attempt to deprive citizens of
our country. when these citizens are
workinen. of the right Of trial by jury
1t Is an effort to faster an offensc on
them when they are innocent of any
unlawful or Illegal act.
inJunctions as issued in trade dis
pCteS are to make outlaws of men
when they are not CIV charged with
doing things in violation Of any law of
state or nation
The Issuance of iniunctions in labor
disputes is not based upon law, but is
species of judicial legislation, iu
dfcial usurpation. in the interests Of
the money power against workmcn in
nocent of any unlawful or criminal
act
Labor protests against the issuance
OF ln1uncuonS i'll disputes between
workmcn and employers when no such
inJunctionS would be issued when no
snch dispute exists. Such injunctions
have no warrant in law and are the
result of judicial usurpation and iu
dicial legislation rather than of con-
Eressional legislation.
In all things in which workmen are
enjoined by the process of an iniunc-
tion during labor disputes. if those
acts are criminal or unlawful there is
now ample law as we'll as remedy Gov
erinG them. From the logic of this
there Is no escape. No act is legally
crime unless there is n law desicnat-
ing 1t and specifying it to be a crime.
we assert that labor asks no immu-
nltE tor any of its men who NAV he
guilty or any criminal or unlawful act
1t insists upon the workers being re-
gardeu and treated as equals before
the law with every other citizen: that
II any act he committed by any one
OF our number rendering him amena-
bic TO the law he shall be prosecuted
by the ordinary forms of law and by
the due process of law. and that an
injunction does not lawfully and prop
crly apply and ought not to be issued
In such cases.
The injunction process rs applied to
men engaged in diSpC'c with en-
ployers includes the Allegation of
criminal or unlawful acts as n mere
preteSt. so that the lawful and inno-
cent acts in themselves may also be
Incorporated and covered by the blan-
ket injunction. And the performance
or the lawful and innocent acts in
themselves, despite the Injunction
renders them At once guilty of cor
tempt of the courts order, which is
summarily punished by fine or impris-
onment, or both
In itself the writ of Injunction is of
4 highly important and bene;icent
character. Its aims and purposes are
for the protection of property rights.
1t never was intended and never
should be invoked for the purpose of
deprivinc freemcn of their personal
rights. the right of mau's ownership
of himself, the right of free locomo-
ton, free asSernblaGc. free association,
Tree speech. free press: the freedom
to do those things promotive of life,
liberty and happiness and which are
not in contravention of the law of our
land.
Not only In our own interest. but in
the interest of all the people of our
country, for the preservation of real
liberty. for the elimination of bitter
ness and class hatred, for the pcrpet.
uation of all that is best and truest.
we can never rest until the last vestise
of this injustice has been removed
from our public life.
Nalue IS