The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1908-09-07
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the platform declares that 'injunc-
lions shall not be issued in any
cases in which injunctions would
not issue If no industrial dispute
were involved% How can that Ian
guage be misconstrued or misinter-
preted? If words mean anything,
that plank means that an industrial
dispute shall not, in itself, be re-
garded as sufficient cause for an
injunction. If an injunction issues
in an industrial dispute, it must be
based upon acts which would JUS
tify an injunction of there were no
industrial dispute involved. There
is nothing ambiguous about it;
there is nothing that can be mis-
construed or misinterpreted, even
by one desiring to find a double
meaning. Why do the republican
leaders attempt to read ambiguity
into those words? Simply because
they cannot meet the proposition
presented.
Even Mr.. Taft attempts to avoid
the issue by saying that no one
has ever maintained that the fact
that a dispute was industrial gave
any basis for the Issuing of an in
junction in reference thereto. If
it is true that no one now main
tains that, then why find fault with
our platform on that subject? II
nobody opposes our position, we
ought to have no difficulty in Sc
curing the passage of a law in har-
mony with this plank.
Upon the jury question Mr.. Taft
clearly takes issue with us. He is
thoroughly aroused by what he re-
CARDS as a menace to the courts.
Here is his lament:
Never before in the history OF
the country has there been such
an insidious attack upon the judi
cial system as the proposal to in
terject a jury trial between all or
ders of the court made after full
hearing and the enforcement of
such ORDERS
This would come under the
head of Important. if true But
the fact is, our platform specific
ally declares that we favor a meas
ure which passed the United
States senate in 1896, and which
republican congress has ever since
refused to enact etc, providing
for trial by jury in cases of indirect
contempt. Are not the proceedings
of the United States senate a part
of the history of the country? This
measure passed the United States
senate more than IL years ago, and
the vote upon 1t was so nearly
unanimous that no roll call was de-
manded. The bill was not Snug
gled through without discussion. 1t
was amended in open senate and
the members of the senate had
ample opportunity to understand it.
1t would have passed congress and
become law long ago but for the
fact that few large corporate en-
ployers of labor have kept a lobby
in Washington ever since, and
have been able to coerce congress
into ignoring the Aboring mems
plea.
1T is not a reflection upon the
judge of criminal court to say
that he shall not decided upon the
guilt of the accused. Our criminal
courts are the better, not the
worse, for the substitution of trial
by jury. No common law Judge
feels that it is reflection upon
him when party to suit asks for
a trial before jury. 1t is the spe-
cial function of jury to decide
upon the credibility of witnesses
and the manner of witness upon
the stand is often as important as
his words in determining the
weight to be attached to his testi-
mony. A judge is apt to be ham,
pered by precendent. He wants
this decision to harmonic with for
mer decisions rendered by him, al
though the facts are never the
same in two cases. The jury is bet
ter able to decide each case upon
it's merits.
1T must be remembered, too,
that in cases of indirect con-
tempt, the charge Is a criminal one
and that the punishment is by fine
or imprisonment. All the reasons
that apply to criminal cases apply
to these cases of indirect contempt,
and the abuses to be removed by
the proposed law are those that
have grown up because of the in.
creased tendency of the great cor
porations to use the writ of injunc-
ton to avoid the jury trial.
THE democratic platform por-
poses no interference with the
right of the judge to decide the
cases OF direct contemplation.
tempt committed in the presence
of the court; neither is it proposed
to interfere with the right of the
judge to determine the punishment
for indirect contempt. All that is
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