Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-01

are organized and upon which their
success depends. The fact that the
punishment for the violation Of an in
junction must, to make the order effer-
| tive. necessarily be summary amt with
| out the intervention OF 4 jury makes
its issuance in doubtful cases q dan
gerous practice. and in itself furnishes
q reason why tho process should be
surrounded with safeguards 20 pro-
tect individuals against being enjoined
from exercising their proper rights.
Re asonable notice should be given the
adverse party.
This matter is daily becoming OF
graver Importance and l can not too
urgently recommend that the Congress
give careful consideration to the sub
ject. If some way of remedying the
abuses is not found the feeling Of in
diSnation against them among large
! numbers of our citizens will tend TO
grow so extreme as to produce re-
volt against the whole use of the pro-
cess of injunction. The ultra. con-
| servatives who object to cutting out
, the abuses will do we'll to remember
| that if the popular feeling does become
| strong many OF those upon whom they
| rely TO defend them will be the first
! to turn against them. Men Of prop
| erty can not afford to trust to any
thing save the spirit of justice and fair
play; for those very public men who.
while ii is to their interest, defend all
the abuses committed by capital and
pose as the champions Of conserva-
| tism, will. the moment they think their
| interest changes, take the lead in just
such matter as this and pander to
| what they esteem popular feeling by
endeavoring, for instance. effectively
to destroy the power OF tie courts In
| matters of injunction: and will even
seek to render nugatory the power to
punish for contempt, upon Which
power the very existence of the order
lI administration of justice depends
ii is my purpose as soon as may be
to submit some further recommended
tons in reference to our laws regu-
latinS labor conditions within tho
sphere of federal authority. A very
recent decision of the supreme court
Of the United States rendered since
this message was written. in the case
| of Adair versus United States, seem
inSly of far-reaching import and of
very serious probable consequence has
modified the previously entertained
views of the powers of the Congress in
the premises to such degree as to
| make necessary careful consideration
of the opinions therein filed before It
is possible, definitely, to decide in
what way to call the matter to your
attention.
Not only should there be action on
certain laws affecting waSe-earners:
| there should also be such action on
| laws better to 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 its own initiative.
Moreover. it should be provided that
| whenever the Commission has reason
to believe that proposed advance in
Il rate ought not to be made without
! investigation. it should have authority
to issue an order prohibiting the ad.
| vance pending examination by the
| Commission.
| / would not be understood as ex.
pressing All opinion that any or even
| q majority Of these advances are i'm
proper. Many of the rates in this
country have been abnormally low.
The operating expenses OF our rail-
roads, notably the wages paid railroad
employees. have greatly increa sed
These and other causes may in any
I, 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 50 framed that the
Government, as the representative
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