The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1908-06-23


words, "The courts are the conserva-
tors Of government; if constitutional
government and civil liberty are ever
to be placed in jeopardy and peril they
will take their final stand in the i'm
pregnable fortress of the supreme
Judiciary" the approval of the dele
gates, especially from New York, Penn
sylvania and Massachusetts, found en-
thusiastic expression, the first out
break of handclapping being followed
by prolonged cheers. On being asked
after he had concluded his speech if
he intended his Interpolation as an at
tack on the proposed anti-injunction
plank Mr.. Burrows replied, sit was not
an attack, but merely as strong a state
ment as l could make against it."
"Anti-iniunction" Plank.
Routine business of organization fol
lowed. The main thing of interest in
connection with the conventions first
day was the struggle of the committee
on resolutions, the duty of which was
to present platform over the anti
plank on the injunction issue were pro-
posed to the committee. The first con-
sidered was from the tentative plat
form prepared by Wade H. Ellis, at
torney general of Ohio, under the guild
ance of President Roosevelt and Secre-
demanded by Samuel Gompers, presi-
dent of the American Federation of
Labor, while the third was the plank
finally agreed on by the committee.
The chief difference between the
tentative plank and the one adopted is
that the former called for amendments
to the present law to provide for
proper consideration" of applications
for restraining orders, while the lat
ter is a declaration of belief that I'M
less there is immediate danger of in
jury to life or property court should
not issue temporary order except
after the defendant has had chance
to oppose the motion.
The tentative plank read:
We declare for such amendments OF
the statutes of procedure in the federal
courts with respect TO the use OF the
writ of injunction as will, on the one
hand, prevent the summary issue OF such
orders without proper consideration and,
on the other will preserve undimnished
the power of the courts to enforce their
process, to the end that justice may be
done at all times and to all parties.
The plank requested by Mr.. Gompers
was worded as follows
We pledge ourselves to the enactment
of law to prohibit the issuance of in
functions in cases arising out of labor
disputes when such injunctions would
not apply when no labor disputes ex-
listed and that in no case shall an injunc-
ton be issued when there exists rem
edy by the ordinary process of law, and
which act shall provide that in the pro-
cedure for the punishment of contempt
Of court the party cited for contempt
shall, when such contempt was not COM
mitted in the presence of the court, DO
entitled to trial by jury.
The plank finally accepted and
made part of the platform reads;
The Republican party viii uphold at all
times the authority and integrity Of the
courts, state and federal, and viii ever
insist that their powers to enforce their
processes and to protect life, liberty and
property shall be preserved inviolate. We
believe, however, that the rule of pro-
cedure in the federal courts with respect
to the writ Of injunction should be more