The daily sentinel., 1908-01-31
BoR CASES. AS regards The r,gn,.


I BOR CASES. AS regards the right,
and wrongs of labor and capital
from blacklisting to boycotting. the
whole subject is covered in admirable
fashion by the report of the anthra.
cite coal strike commission, which
report should serve as a chart for
the guidance of both Legislative and
executive offices. AS regards injunc-
tions, can do little but repeat what
l have said In my last message to
the congress. Even though II were
possible. / should consider it most
unwise to abolish the use of the pro-
cess of Injunction. 1t is necessary
in order that the courts may main
tain their own dignity and in order
that they may In effective manner
check disorder and violence. The
judge who uses 1t cautiously and con-
servatively; but who, when the need
arises. uses 1t fearlessly, confers the
greatest service upon our people and
his preeminent usefulness as public
servant should be heartily recog-
nized. But there Is no question in
my mind that 1t has sometimes been
used heedlessly and unjustly, and
that some of the injunctions issued
infict grave and occasional irrepara-
BILE wrong upon those enjoined.
ut is all wrong to use the injunc-
tion to prevent the entirely proper
and legitimate actions of labor or
ganizations in their struggle for In
dustrial betterment. or under the
guise of protecting property rights
tunwarrantably to invade the funda-
mental rights of the individual. 1t
is futile to concede, as we all do, the
right and the necessity OF organized
effort on the part of the wage earn
ers. and yet by injunctive process to
forbid peaceable action to accomplish
the lawful object for which they
were organized and upon which their
success depends. The fact that the
punishment for the violation of an
Injunction must. to make the order
effective, necessarily be summary
and without the Intervention of a
Jury make it's issuance in doubtful
cases dangerous practice, and In it.
self furnishes u reason why the pro-
cess should be surrounded with safe
guards to protect individuals against
being enjoined from exercising their
proper rights. Reasonable notice
should be given the adverse party.
This matter is daily becoming of
graver Importance and cannot too
urgently recommend that the con-
gress give careful consideration to
the subject. II some way OF remedy
Ing the abuses is not found, the feel
ing of indignation against them
among large numbers OF our citizens
Will tend to grow SO extreme as to
produce a revolt against the whole
use Of the process of Injunction The
ultra conservatives who object to
cutting out the abuses will do well
to remember that II the popular feel
Ing does become strong many OF
those upon whom they rely to de-
fend them will be the first to turn
against them. Men OF property can
not AFFORD to trust to anything save
the spirit of justice and fair play;
for those very public men who, while
1t is to their interest. defend all the
abuses committed by capital and pose
as the champions of conservatism,
Will. in the moment they think their
interest changes. take the lead In
Just such matter rs this and pander
to what they. esteem popular feeling
by endeavoring. for Instance, effect
lively to destroy the power of the
courts In matters of Injunction. and
will even seek to render nugatory
the power to punish for contempt up
on which power the very existence OF
the orderly administration of Justice
depends.
s'Not only should there be action
on certain laws affecting wage earn
ers; theros should a1so be such an ac-
tion ON laws better to secure control
over the great business concerns en-
gagged in Interstate commerce, and
|, especially over the great common car
! riers. The Interstate commerce com
mission should be empowered to pass
. . upon any rate or practice on Its own
initiative. Moreover. 1t should be
provided that whenever the commits
sion has reason to believe that pro-
posed advance in q rate ought NOT
to be made without investigations, II
should have authority to issue an or
der prohibiting the advance pending
examination by the commission. 1t
would not be understood as express
ing an opinion that any or even a
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 rail-
: road employees. have greatly in
creased. These and other causes
may in any given case Justify an ad-
vance in rates. and II 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 representatives OF
the whole people. can protect the In
Z dividual against unlawful exaction
for the use of these public highways
. The interstate commerce commission
should be provided with the means
to make O physical valuation of any
, road as to which 1t deems the valua-
tion necessary.
In some form the federal govern
ment should exercise supervision ov-
er the financial operations OF our In
terstate railroads. In no other way
. can Justice be done between the pri-
vate owners of those properties aud
the public which pay their charges.
When once an inflated capitalization
, has gone upon the market and has
become fixed In value, its existence
must be recognized. As a practical
matter it Is then often absolutely
necessary to take account of the
thousands OF innocent stockholders
who have purchased their stocks in
good faith The usual result of such
imitation Is therefore to impose upon
the public an unnecessary but ever
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