East Oregonian : E.O. (Pendleton, OR) 1888-current, 1908-07-28

I changed terms OF employment, work.
men have right to strike in a body.
They have the right to use such per-
suasion as they may, provided it does
not reach the point of duress, TO lead
reluctant co-laborers to join them in
the union against the employer and
have the right IL they chose, TO ac-
cumulate funds to support those en-
gagged IN a strike. TO delegate the Of
fcers the power to direct the action
of the union and withdraw them
selves and their associates from deal
Ing with or giving custom to those
with whom they are in controversy
What they have not the right to
do is to injure the employers prop
erty, to injure the employers busi-
ness by the use OF threats or meth
eds of physical duress against those
who would work for him or deal
with him, or by carrying on what is
sometimes known as a secondary boy
colt against customers or those with
whom he deals in business All those
who sympathize with them may unite
to aid them in their struggle, but
they may not through the instrument
tality OF threatened or actual boycott
compel third persons against their
will. and having no interest In the
controversy, to come to their assist
ance Threatened unlawful injuries
to business like those described above
can only be adequately remedied by
injunction to prevent them.
Injunctions.
at has been claimed that injuhc-
tions do not issue to protect anything
but property rights and that business
Is not property rights. but such a
proposition Is wholly inconsistent with
all the decisions of the courts. II Is
the fundamental rule Of Jurisprudence
that no man shall be affected by a
judicial proceeding without notice
and hearing
This rule, however, sometimes has
exception In the issuing Of temporary
restraining orders commanding the
defendant in effect to maintain status
quo until a hearing. Such a process
should issue only in rare cases where
the threatened change in status quo
would inflict irreparable injury IL the
time were taken to give notice and
hold a summary hearing. In some
state courts and in fewer federal
courts the practice OF issuing tempor-
ary restraining orders without notice
merely to preserve status quo on the
theory that 1t won't hurt anybody,
has been too common. This has made
the laboring man feel the injustice
done In the issuance of a writ without
notice. conceive that in the treat
ment of this question 1t is the duty of
citizen and legislator to view the sub
ject from the standpoint of the man
who believes himself to be unjustly
treated as well as from that of the
community at large.
II have suggested the remedy of
returning in such cases to the orig
inal practice under the old statute of
the United States and the rules in
equity adopted by the supreme court,
which did not permit the issuing of an
injunction without notice. In this re-
spect the republican convention
adopted another remedy that, with
out going so far, promises to be eff
ficacious in securing the proper en-
sideration in such cases by courts by
formulating into a legislative act the
best present practie. With respect
to notice, the democratic platform
no recommendation Its only |
declaration in regard to
injunction suits is the reiteration of |
the plank In the platforms Of 1896 |
and 1904 providing that in prosecu-
tions for contempts in federal courts |,
where violation of the order constitut-
ing contempt is outside the presence
of the courts there shall be a jury
trial. The extended operation of such |
q provision to weaken the power of |
the courts In the enforcement of law
full orders can hardly be overstated.
"The administration of justice lies
In the foundation of the government.
The maintenance of the authority of |
the courts is essential unless we are
prepared to embrace anarchy Never
In the history of the country has there
been such an insiduous attack upon
the judicial system as the proposal
10 interject Jury trial between all or
ders Of the courts made after full
hearing and the enforcement of such
orders.
National Savings Bank.
'The republican platform recon-