Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-28


I'VE come now to the question Of Dor.
One important phase OF the policies Of the
present administration has been an anx-
Lefty to secure for the wage Garner an
equality OF opportunity and such positive
statutory protection as shall place him on
a level in dealing with his employer The
republican party has passed an employ
ers' liability act for Interstate railroads
and has established an eight-hour law for
government employees and on govern
ment construction. The essence Of the
reform effected by the former is the
abolition OF the fellow-servant rule and
the Introduction of the comparative neg.
ligence theory by which an employee in
Jured 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 compensa.
ton for injury to government employees.
together with the various statutes require
Ing safety appliances upon interstate conn
merce railroads for the protection OF their
employees. and limiting the hours OF their
employment. These are all instances OF
the desire OF the republican party 70 do
justice to the wage Garner. Doubtless a
more comprehensive measure for compen.
sation OF government employees will be
adopted In the future; the principle In
such cases has been recognized. and in
the necessarily somewhat slow course OF
legislation will be more fully embodied in /.
definite statutes.
Interests Of Employer and Employed
The. interests of the employer and the
employe never differ except when 1t
comes to a division Of the joint profit of
labor and capital into dividends and
wages. This must be a constant source OF
periodical discussion between the em-,
ployer and the employe, as indeed are
the other terms of the employment.
Advantage Of Union. =,
ITO give to employees their proper posi-
ton in such a controversy. to enable
them to maintain themselves against
employers having great capital, they may
we'll unite. because in union there 10
strength. and without 1t each Individual
The promotion of industrial peace through
the instrumentality Of the trade agree
ment is often one of the results of such
union when intelligently conducted.
There is large body Of laborers.
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 watch
fulness. \
Rights Of Labor. -
In order to induce their employer into
q compliance with their request for
changed terms of employment. workmen
have the right to strike in q body. They
have a right to use such persuasion az
they may. provided 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. II they choose. to accumulate funds
to support those engaged In a strike. to
delegate to officers the power to direct
the action of the union, and to withdraw
themselves and their associates from
dealings with. or giving custom to those
with whom they are In controversy.
What Labor May Not Lawfully Do.
what they have not the right to do
is to inJure their employers property. to
injure their employers business by use
Of threats or methods OF physical duress
against those who would work for him.
or deal with him. or by carrying on what
is sometimes known as a secondary boy.
colt against his customers or those with
whom he deals In business. All those
who sympathize with them may unite to
aid them in their struggle. but they may
not through the instrumentality Of q
threatened or actual boycott compel third
persons against their will and having
no interest in their controversy to come
to their assistance. These principles have
for great many years been settled by
the courts Of this country.
Threatened unlawful injuries to bust.
ness. like those described above. can only.
be adequately remedied by an injunction
to prevent them. The jurisdiction Of
court Of equity to enjoin in such cases
arises from the character OF the injury
and the method Of inflicting 1t and the
fact that suit for damages offers no ade-
quate remedy. The unlawful injury Is not
usually done by one single act, which
,{<rl,A 1, I0~ 4k1lry 80 g.
damages by suit at law. but Il is the re-
suit Of a constantly recurring series OF
acts, each Of which In itself might not
constitute substantial injury or make q
would require a multiplicity Of suits at
law. Injuries of this class have since the
foundation Of courts Of equity been pre-
vented by injunction.
1T has been claimed that injunctions do
not issue to protect anything but property
rights. and that business is not property
right: but such proposition Is wholly in-
consistent with all the decisions Of the
courts. The Supreme Court Of the United
States says that the injunction. Is a
remedy to protect property or rights OF q
pecuniary nature. and we may well SUBJ
NIT to the considerate Judgment of all lay.
men whether the right of a man in his
business is not as distinctly right Of a
pecuniary nature as the right to his horse
or his house or the stock OF goods on hia
shelf: and the Instances in which injunc-
lions to protect business have been upheld
by all courts are SO many that 1t is futile
further to discuss the proposition.
1T is difficult to tell the meaning Of the
democratic platform upon this subject. It
says:
".Questions of judicial practice have
arisen especially in connection with indus
trial disputes. We deem that the parties
to all judicial proceedings should be treat
ed with rigid impartiality, and that in.
functions should not be issued In any
cases in which injunctions would not issue
IL no industrial dispute were involved
This declaration is disingenuous Ie
seems to havesbeen loosely drawn with
the especial purpose of rendering Il sus-
ceptible to one Interpretation by one set
of men and to a Numerically opposite In
depreciation by another. 1t does not aver
trial disputes, but only that they should
trial disputes. and yet those responsible
no one has ever maintained that the fact
that dispute was industrial gave any
basis for issuing an injunction In refer-
ence thereto.
THE declaration seems to be drawn In
in order to persuade some people that It
functions in any industrial dispute. while
at the same time it may be possible to ex-
plain to the average plain citizen who OBJ.
iects to- class distinctions that no such In
tention exists at all. Our position is clear
and unequivocal We are anxious to pre-
vent even an appearance of any injustice
IN lobor in tho isSua nco of inflnCfiOnS5