Omaha daily bee., 1908-09-24
an injunction and no jurisdiction in tn.
court TO grant a remedy.
Injunction Works Both ways.

"suANAAuh WNNaN DUN WAssH
sat in the court OF appeals TO entertain
an appeal by the government from the de-
clslon OF the circuit court, and rendered the
opinion, OF the circuit court of appeals. We
there decided that an injunction would is
sue the Injunction did issue and the com
Dination was broken up. The case was
subsequently carried to the supreme court
of the United states and the judgment
was affirmed. / merely instance this to
show that the Injunction works both ways
and that u Is useful both In Keeping law
less laboring men and lawless capitalists
within the law.
Mr.. Bryan says I am the father Of in
junction in industrial causes. This is not
true. The use of the Injunction was in
accordance with the precedents in a num-
Arthur case and in the Phelan case. | am
not apologizing for what | did In these
cases Tor they were in accordance with
the duties Of the court
Another point which | distinctly decided
IN these cases was that no temporary re-
straining order or injunction could issue to
prevent a mans leaving the employ OF a
railway, and therefore that no Injunction
could issue to restrain men from acting in
concert and going to another railway.
OpJectlon is made to use or the injunc-
tion in such disputes. All | have to say on
mat point Is that the precedent ~justifies
IT, and that the man whose business is
injured by Unlawful action of former en-
ployes has no other remedy which Is at all
adeapate' The, owner of a business,
entitled to be protected in his pursuit Of It
and to immunity from unlawful injunction
= : IL Adht away from MIN the FeI1euN
by Injunction which has always been his
merely because II sometimes leads TO the
punishment of those who violate the in
junction without trial by jury, Is to intro
duce into the law class legislation in favor
OF. employers and laboring men. and is to
take them out Of the ordinary operation OF
the civil remedies because they are la
Is pernicious.
Notice and Jury Trial.
Objection Is made to the issuing of in
1lnGttnn wifi hntf nAftna ul,nra a.. 49,
tunity for such a practice, though there
are cases where no other remedy seems
adequate, have been willing, neverthe-
less, to adopt a rule by which notice shall
be required before the issuing of any in
junction, temporary or otherwise. The re-
publican convention, however. thought il
wiser that the present practice should be
embodied in a statute in order to bring tho
matter to the attention of the court, and
avoided. I hope and believe that this is
true. Under the republican platform. a
statute can pass and ought to pass which
order to issue and have effect for more
than forty eight hours, unless a hearing
can be had during that forty-eight hours
extending the operation of the Injunction.
Inc democratic platform does not give
any remedy with respect to notice. II
merely resolves that %injunctions ought not
70 De ISSUED In Industrial disputes where
IIney would not issue in other disputes.
rms Is either meaningless or deceitfui.
The provision in the democratic platform
that a trial by jury be allowed in ali cases
in which contempt is made for Violation
OF the orders of the court outside of the
the power OF the court. To Introduce a
jury trial between a final order and it's
enforcement and between the routine Or
ders bringing witnesses and Jurors INTO
court would so hamper the administrator
or Justice as to make the courts a laugh
ing stock. 1t may be popular to suggest
and approval Of those who do not under
stand It's real effect, but so long as ] have
poMer.ot expression, and without regard to
nov II may affect me politically, / shall
llIt my voice in protest against such a de-
stTuGtive step in Our judicial procedure.
tb III mas th been sought to give the impression
that am unfriendly to labor, Notbing
could be farther from the fact. AS the ex7
anna canal l have had under me for four
years upwards Of 10000. laborers. II has
gwen me pleasure to devote a great deal
or my time to the Consideration Of the wei
rare as well as OF the pay of the men en-
pr1sed Under the government in that great
When I had charge Of the matter T.
spared no effort to see to it that the
GoInpialnts of the men were thouroughiy
ffn nvGdag and where they were We'll
should be removed.
Justice to All Persons.
We are interested in that legislation
pTTopessitvrr a 1srf aica Sh9ala be Just and only
that there should not be unjust and drasI
TIC leslslatlon preventing their earning
proper income. We are all interested. OF
course. that they should charge only
proper, rates, but we are also Interested
mat they not be made to do business ON
less than Just rates
l nave noticed with a great deal of in
terest that the railroad laboring meTf are
beginning to See that the prosperity is
as much. IN their interest as in the in
terest OF the Stockholders and the Off.
GERS of the road and that they pronose
hereafter to be heard as to the character
or the legislation that shall be passed
Win reference to the regulation of rail-
roads. With this direct interest that
IalIroad laborlng men have in the pros
perlty or railroads, can they not see that
y Is or the utmost Importance to prevent
the, election of the man whose record will
make returning confidence and prosperity
impossible?
The whole country is dependent unon
the prosperity of the railroads. The truth
Is that the railroads are the greatest <fn-
gle market that we have for manufactured
products. We are all interested, there
fore, that the credit Of the railroads
should, be such as to enable them to Sc
cure the money with which to carry on
the constructive work. Is 1t not a point
70 you, therefore, that the election of
Mr.. Bryan TO the powerful office of pres
ident with his unstable financial theories
and his uncertain economic propositions
Will convince everyone having capital to
invest that the business future OF the
country is uncertain and that 1t is safer
10 withhold their money? l submit to
those most interested. to this INTELLIGENT
audience that this is the issue of the full
dinner pail that ought to make them for
a third time reject Mr.. Bryan's claim to
friend of the woTkingman
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