Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-02-07

WISE W dDOllSll lllC use VI SiAS PANN~~~
of injunction. 1t is necessary in order
that the courts may maintain their own
dignity and in order that they may in
effective manner check disorder and
violence The judge who uses it eau
tiously and conservatively, but who,
when the need arises uses 1t fearlessly,
confers the greatest service upon our
people. and his pre- eminent usefulness
as public servant should be heartily
recognized. But there is no question in
my mind that it has sometimes been
used heedlessly and unjustly. and that
some of the injunctions issued inf1ict
grave and occasionally irreparable
wrong upon those enjoined.
1t is all wrong to use the injunction
to prevent the entirely proper and le-
gitimate actions Of labor organizations
in their struggle for industrial bet
terment, or under the 'guise Of protect
ing property rights unwarrantably to
invade the fundamental rights Of the
individual. 1t is futile to concede, as
/ we all uO, Tie llSHl Cillu lliC ASSSS'-Ns
of organized efforts on the part of
wage -eaners and yet by injunctive
process to forbid peaceable action to
accomplish the lawful objects for
which they are organized and upon
which their success depends. The fact
that the punishment for the violation
of an injunction must, to make the or
der effective. necessarily be summary
and without the intervention of jury
makes its issuance in doubtful cases a
dangerous practice, and in itself fur
nishes a reason why the process should
be surrounded with safeguards to pro-
tect individuals against being enjoin-
ed from exercising their proper rights.
Reasonable notice should be given the
adverse party.
This matter is daily becoming of
graver Importance and I can not too
urgently recommend that the congress
give careful consideration to the sub
ject.
1t is my purpose as soon as may be
to submit some further recommends
tions in reference to our laws regulating
labor conditions within the sphere OF
Federal authority. A very recent de-
cision Of the supreme court Of the Unit
ed States, rendered since this message
was written, in the case Of Adair VS..
United States, seemingly Of far-reach-
ing import and of very serious prooa-
BILE consequence, has modified the pre-
viously entertained views on the pow
ers of the congress in the premises to
such a degree as to make necessary
careful consideration Of the opinions
therein filed before it is possible def
nitely to decide in what way to call the
matter to your attention.
Not only should there be action on
certain laws affecting wage-earners;
there should also be such action on
the laws to better secure control over
the great business concerns engaged in
interstate commerce, and especially
over the great common carriers. The
interstate commerce commission should
be empowered to pass upon any rate
or practice on it's own initiative. More
over, it should be provided that when
ever the commission has reason to be-
lieve that proposed advance in a rate
ought not to be made without investi-
cation, it should have authority to issue
an order prohibiting the advance pend
ing examination by the commission.
Iwould not be understood as express
ing an opinion that any or even ma
jority Of these advances are improper.
Many of the rates in this country
have been abnormally low. The oper-
ating expenses of our railroads, nota-
bly, the wages paid railroad employees,
have greatly increased. These and
other causes may in any given case
Justify an advance in rates, and If so
the advance should be permitted and
approved But there may be, and
doubtless are, cases where this is not
true, and our law should be so framed
that the government, as the representa-
tive of the whole people, can protect the
individual against unlawful exaction
for the use of these public highways.
The interstate commerce commission
should be provided with the means to
make a physical valuation Of any road
as to which it deems this valuation
necessary In some form the Federal
government should exercise supervision
over the financial operations Of our in
terstate railroads. In no other way can
Justice be done between the private
owners of those properties and the pub
! lie which pay their charges.
| think that the Federal government
must also assume a certain measure
of control over the physical operation
of railways in the handling of interstate
traffic. The commission now has au-
thority to establish through routes and
Joint rates In order to make this pro-
vision effective and in order TO promote
in times of necessity the proper move
ment of traffic. | think it must also
have authority to determine the condi-
tions upon which cars shall be inter-
changed between different interstate
railways. 1t is also probable that the
commission should have authority, in
particular instances. to determine the
schedule upon which pcrishable COM
lmodities shall be moved.
In reference To the Sherman anti
trust law, l repeat the recommends
tiOns made in my message at the open
ing of the present congress, as well as
in my message to the previous con-
gress. The attempt in this law to pro-
vide in sweeping terms against all COM
binations of whatever character, II
technically in restraint of trade as such
restraint has been defined by the
courts, must necessarily be either futile
or miSchievouS and sometimes both.
The present law makes some combina-
! tions illegal, although they may be
useful To the country. On the other
hand, as to some huge combinations
which are both noXious and illegal,
even if the action undertaken against