The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-07-28

uidW tUtHittiNtb dhW th'h N'-N~Ae~t~N
from dealings with whom tncy - 4
I iu controversy.
WAT Labor can Not Lawfully DO.
What they have n1t the right TO
o Is 10 injure their employers pgop /
erty 70 iniure their employers bus
iuess b. use OF threats or methods
OF physical durtss against th4se wngl
iid work for him. or deal With him
hy carrying IN Whit is GometiMcs
known rs q secondary boycott against
rts ~ust uites or those with whom he 4
deals in business. All those who sym
pathize with them may lii" 10 tntf
them In their struggle, but they may
not through the nstrumentanty or al
Threatened or actual bOvcott "0mnel |
third persons against their vii land
having no Interest In their contru
versy to come to their assistance.
I These principles for a great many
I years has been settled by the courts
of this country
threatened unlawful injuries tol
business IKE those described above,
can only be adequately remedied by
an niuncti n TO prevent them the
Jurisdiction of court Of equity to cb
Join IN such cases alises from the
haracter of The injury and the meth
"a OF nlliCiing q ana the fact wat
suii fer damages cTeis no adequate
rme0y. he unlawful injury is not
Usually done by one single act, which
might bc adequately compensated for
amages by suit az law but L
:, the result OF 3 constantly recurring
series OF acts, each of which itself
iright not constitute substantial I'M
jury make suit at law worth
4 ~ 4 .fs
a municipality OF suits al law. Injuries
of Ibis class have since the fouuda
ton of courts of equity been prevent
ed by Injunction.
The Question Of Lator.
We come now TO the question OF Ia
boy. one important phase Of the pol-
icies OF the present administrator h
has been an anxiety to secure for the
Wageearner an equality of opportunity
ana such positive statutory protection
as shall place him on level in deal
ing with his employer The republi-
can party has passed an employers
lihility act for interstate radlroads
and has established an eight hour law
, for government employees and on
vernment construction. The es
sence OF the relonm effected by the
/ former is the abolition of the fellow
servant rule, and the Introduction OF
the comparative negligence theory by
x which an employee injured the ser.
/, vice of his employer does not lose ali
: hs RIGHT TO recover because of slight
. negligence on his part Then there
/ IS the act providing for csmpensa
I tion for injury TO government EN-
, pl yees, together with the various
4 statutes requiring safety appliances
l. upon interstate commerce railroads
Il for the protection OF their employees
!. and limiting the hours Of their EN-
ployment These are all Instance
II the desire o. the republican party
J. TO do justice to the wage-earner
" Doubtless more comprehensive
+ measure for compensation Of govern
3 ment employees win be adopted IN
II the future; the principle In such cases
e. has been recognized and in the neces
III sarily somewhat slow course of legi
q alton Viii be more ftlly embodied ~
4 definite statutes.
81 Notice and Hearing Before issue oi
q Injunction.
is come now to the question OF notice
"a before Issuing an injunction. IL is /
el fundamental rule OF general iurisprud
0 ance that no man shah be affected by
70 a judicial proceeding without notice
e and nearing. This rule, however. IA,
IA. sometimes had an exception in the Is
lel suing of temporary restraining order.
.e commanding defendant in effect *
n maintain the status quo until a hear
n ing. Such a process should Issue onA
rs in rare cases where the threatened
IS change of the status quo would nflic
Il irrepamble injury IL time were takei
to give notice and a summary hearing
The unlawful injury usual I'm industrial
o disputes, such as | have described
n does not become formidable eNcep
s after sufficient time in which TO civ,
,e the defendants notice and a hearing
N ] do not mean TO say that there ma,
X not be cases even in industrial dis
n putes where a restraining order Nigh
III properly be issued without notice, bat
le generally [ think it is Otherwise. q
,e some state courts and In fewer Fed
~ eral courts, the practice OF issuing ,
a temporary restraining order withou
~ notice merely to preserve the status
n quo on the. theory that ii won't hur
~ anybody, has been too common. Nam
4. of US recall that the practice has beer
n pursued in other than industrial dis
N putes, as, for instance, in corporat,
m and stock Controversies like those owe
a. the Erie railroad, in which stay on
se der without notice was regarded as
: steu OF great advantage ~ the on,
III who secured 1t, and a corresponding
.,r disadvantage to the one against whom
N ID was secured. Indeed. the chances .
,e doing injustice on an eX-parte applicl
: ton are much Increased over thos'
: when a hearing Is granted and Their
may be circumstances under which I
may affect the defendant TO his detri
y ment In the case OF a lawful strike
y tbe sending of a formidable documen
= restraining a number of defendant
from doing a great many difieren
er