Omaha daily bee., 1908-08-31

shall be put on a level with the corporation
in dealing with Il la respect to the damages
that they sustain growing out OF their EN-
ployment. This measure. which for a tech
nicality was thrown out by the supreme
court. has been repassed in lawful form by
the present congress. Then there are also
all OF these safety appliance acts, which |
hope will tend to reduce the awful sacrifice
Of life among the employees OF the railroads.
Then, too, there are other measures. the
government employers compensation for
injuries which requires Interstate employees
to serve only a certain number Of hours and
forbids their service longer.
Now l come to the question Of injune-
ton. In the first place, l understand that
my own personal attitude toward labor has
been represented as a man who thinks and
says that a dollar a day Is enough for any
man. wen. there is one short way OF
meeting that statement. and that is that It
is a lie. l never said so. and l don't think
that 1t argues intelligence in any man who
believes the statement. for what under the
heavens would induce me or anyone to
say so7
In the second place, they say that l am
the father Of injunction in labor have
Issued injunctions In labor cases. there Is
no doubt, and l have done It because the
right OF the plaintiff entitled him to an
injunction, and when l am on the bench
and enforcing the law. 1 enforce Il, and
don't make any apologies for It. 1t has
been my lot to sit in labor cases, to sit In
antitrust cases. When l am a Judge OF
the bench, insofar as l can, I-decide cases
according to the law and the facts, no mat
ter whom It hurts. because l believe that
to be my sworn duty.
Rights of Organized Labor.
Now. It has been my lot to lay down
the rules with respect to the rights. of
labor in two or three cases, and 1 refer
to those cases as a fun statement Of what
/ believe the rights Of labor to be with
reference to its employment. Labor has
the right to unite in organizations for
the purpose of looking after the united
interest OF labor in it's controversy with
capital, because II It did not unite and
was not permitted to unite, then Il
would lie helpless. Laborers have the
right not only to unite, but to contribute
funds which in times when they wish to
leave the employ of their employer when
they did not like his terms, may suggest
their fellow members. They have the
right to appoint officers who shall con-
troll their action II they choose. They have
the right to invite all other laborers to
unite with them and to withdraw II they
choose from association with their en-
ployer. But they have not the right to in
jure their employers property; they have
not the right by what is called a Sec
ondary boycott to invite a third person
into the controversy who wishes to keep
out, by threatening a boycott with him UNI
less he assists them In the fight. In this
fight between the employer and the en-
ploye the united employees, they must
light II out between themselves, and they
must not involve the rest Of the commun-
ity in 1t by a system OF duress. This law,
I believe, II a fair law, and being a fair
law, when I was on the bench / at
tempted to enforce II.
1T is said / introduced the injunction
first in labor cases. That gives me too
much credit for ingenuity and too great
honor as an inventor of judicial proceed
ings. II you will examine authorities you
will find that there were a number OF
cases before / issued my injunction at all.
and 1 merely followed precedent in doing
so. ] am not apologizing for that. 1 am
merely telling you the fact. What 1 be-
lieve, gentleman, that there ought to be
no favored class in litigation at all.
Democratic Plank Analysed. 4"
This theory that II you weaken the
courts by taking away the power ct injune-
ton in certain cases you are going to help
the worklngtman Is utterly unfounded. The
person who is going to take advantage Of
the weakened power Of the courts Is the
man who has wealth enough TO enable hin,
to employ acute lawyers to know what the
technlcal.tles are that he can take ad-
vantage and to know the weaknesses in
the armor of the court that he can pierce,
- bvYn uyhan he q ~ the 4ohtact ~
the law. in the punishment of the really
guilty person. 1t is expedition that helps
the poor man, because he cannot afford
TO have his case delayed.
"And now, gentlemen, the final question
is whether we shall have a jury trial in
( contempt proceedings. 1 say no. because
! we never have had a jury trial In such
proce edings since the foundation of Eng
: lish and American Jurisprudence, because
II you introduced a jury trial between the
Z enforcement of a courts order and the
: turning over to the man of what he is en-
1 titled to under that order. you only make
? another step in the delay OF the court that
denies justice. Now you know what the
\ Jury trial is. We have to have and ought
f.; to have jury trials in the cases fixed by
q the constitution, but not for the enforce
: ment of the courts order. This rule In the
4 democratic platform applies not only ia
t preliminary injunction, not only to perpet-
ual injunction, but to all other judgments
of the court in which the defendant Ia re.
quired to do anything or not to do any
thing.
Would Destroy Power of Courts.
n Before that judgment Of the court can b,
n enforced, II the defendant chooses to hole
himself aloof and ignore II, there must b.
n a jury trial. Why there must be a jury
trial II a witness is subppoenaed and wit
ness does not come into court TO determin,
II whether the witness received the sub
poena. If you summon a juryman and HI
e does not come into court you must have q
d jury to determine whether he got the sum
mons. That is the effect OF the provision
in the democratic platform, and l say with
n great respect that such a provision strikes
at the power Of the courts. The utility o.
our courts depends on our making the
courts more effective and giving then
Is power which shall enable and require then
n to determine their work more quickly &
Is the justice may not drag on, one, two Oh
Is three years. and I am sure that the inte!li
N gent workingmen OF this country, wher
- | ebau noVaa 70 Fano tho 0ttaatIon uyh.fbal