The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1908-07-28
policies Of the present administration
under Republican auspices.

{ -
under Republican auspices.
Labor and the Republican Party.
Zone important phase OF the poll
cies of the present Administration has
been an anxiety TO secure for the
wage-earner an equality OF oDportun-
.ity and such positive statutory pro-
lection as shall place him on a level
N dealing with HIS employer. The
Republican party has passed an en-
ployers' liability act for interstate
railroads, and has established an eight
hour law for government employees
and on government construction. The
essence of the reform effected BY the
former is the abolition OF the fellow
servant rule, and the Introduction Of
the comparative negligence theory by
which an employee injured in the
service of his employer does not lose
all his right to recover because of
slight negligence on his part. Then
there is the act providing for COM
pensation for injury to government
employees, together with the various
statutes requiring safety appliances
upon interstate commerce railroads
for the protection OF their employees,
and limiting the hours of their EN-
ployment. These are all instances Of
the desire of the Republican party to
do Justice to the wage-earner. Doubt
less more comprehensive masure for
compensation Of government employ
ees Will be adopted in the future.
The interests Of the employer and
the employee never differ except when
1t comes to a division OF the joint
profit of labor and capital into divi-
dends and wages. This must be
constant source of periodical discus
sion between the employer and the
employee, as indeed are the other
terms of the employment.
Rights Of Labor.
ITO give employees their proper
position in such a controversy, to
enable them to maintain themselves
against employers having great cap
ftal, they may well unite, because in
union there is strength and without
1t each individual laborer and en-
ployee would be helpless.
There Is large body of laborers,
however, skilled and unskilled who
are not organized into unions. Their
rights before the law are exactly the
same as those of the union men, and
are to be protected with the same care
and watchfulness.
In order to induce their employer
into compliance with their request
for changed terms of employment,
workmen have the right to strike in
body. They have right to use
such persuasion as they may, provid-
ed 1t does not reach the point of
duress, to lead their reluctant CO.
laborers to join them in their union
against their employer and they have
a right, If they choose, to accumulate
funds to support those engaged in a
strike, to delegate to officers the
power to direct the action of the I'M
ion, and to withdraw themselves and
their associates from dealings with.
or giving custom to those with whom
they are in controversy.
Issue of Injunction.
II come now TO the question of
notice before issuing an injunction.
1t is fundamental rule OF general
Jurisprudence that no man shall be
affected by judicial proceeding with
out notice and hearing. This rule.
however, has sometimes had an eX-
ception in the issuing of temporary
restraining orders commanding al
defendant in effect to maintain the
status quo until hearing. Such a
process should issue only in rare
cases where the threatened change OIL
the status quo would infiCt irrepar-
able injury If time were taken to
give notice and a summary hearing,
The unlawful injury usual in indus
trial disputes, such as | have de-
scribed, does not become formidable
except after sufficient time in which
to give the defendants notice and a
hearing | do not mean to say that
there may not be cases even in indus
trial disputes where n restraining or
der might properly be issued without
notice, but generally, l think it is
otherwise.
Il conceive that in the treatment
OF this question il is the duty of the
citizen and the legislator to view the
subject from the standpoint of the
man who believes himself to be nm
justly treated, as well as from that
Of the community at large. ! have
suggested the remedy OF returning in
such cases to the original practice I'M
der the old statute OF the United
States and the rules in equity adopt
ed by the Supreme Court, which did
not permit the issuing of an iniunC-
tion without notice. In this respect,
the Republican Convention has adopt
ed another remedy that, without go
ing so far, promises to be efficacious
in securing proper consideration in
such cases by courts, by formulating
into legislative act the best present
practice
Full Power of Courts.
THE administration Of justice lies
at the foundation of government The
maintenance of the authority Of the
courts is essential unless we are pre-
pared to embrace anarchy. Never in
the history OF the country has there
been such an insidious attack upon
the judicial system as the proposal
TO interject a jury trial between all
orders Of the court made after fun
hearing and the enforcement of such
orders.
The Negro.
THE negro, in the forty years
since he was freed from slavery, has
( = !.