Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1908-07-09

and resolutions, VINO dragged IL out
only to witness its deep entombment
by the body of a convention. Thus
died one of my policies" to which
that convention in effusiye, If dictated
language, declared in its platform
their unfaltering adherences.
Injunction and Contempts of Court.
Let me go on. There has been and
is now in public demand for legisla-
tion regulating. not abolishing, the
process of injunction and the power
to punish for alleged indirect or con-
structive contempts of courts. Ever
since 1896 the Democratic party has
protested against hasty and ill-consld-
cred use OF injunctions and has been
insisting on the right of fair trial in
all cases of constructive contempts.
The Republican party has been avoid
ing this question. SO the president,
In taking it up, and Mr.. Taft in his
letter to the labor unions advocated
measure that the Democratic party,
acting in behalf of the correct admin
istration of public justice, has oeen
demanding for twelve years. We are
| authorized to conclude that in franz
ing, revising or debating the Chicago
memory to abandon the policy he had
so vigorously urged in his official
capacity, for he said in a message to
Congress-:
IL also urge that action be taken
along the line of recommendations l
have already made concerning injunc-
tions in labor disputes. No temporary
restraining order should be issued by
any court without notice, and the pc
tition for a permanent injunction up
on which such temporary restraining
order has been issued should be heard
by the court issuing the same within
a reasonable time-say not to exceed
a week or thereabouts--from the date
when the order was issued. 1t is worth
considering whether II would not give
greater popular confidence In the inn
partiality of sentences for contempt
If it was required that the issue should
be decided by another judge than the
one issuing the injunctions, except
where the contempt is committed In
the presence of the court or other
cases of urgency"
Surely he and his party eulogists
forgot that he had but few months
before advised Congress that 'it is
worth considering whether it would
not give greater popular confidence
in the impartiality of sentences for
contempt IL 1t was required that the
issues should be decided by another
judge than the one issuing the in-
junction"
There has not been a session of Con-
gress in twelve years at which the
Republican ,jarty couh' not have
passed law prescribing, defining
and regulating the issuance of in
functions and providing FOR fair trials
in contempt cases. Yet nothing has
been done TO give the wage Garner
fair treatment and less than nothing
is offered to him in the Chicago deliv-
erance. The meaningless generalit.
les of its injunction plank are an in
suit to the intelligence of those who
demand reasonable and substantial
legislation to prevent the admitted
abuse of this judicial process.
Again the president said to Con-
gress:
Twenty-Five years ago, by act OF
June 80, 1856 trades unions were rec
ognized by law, and the right of the
laboring people to combine for law
full purposes was formally recognized
this right including combination fol-
mutual protection of the individual
rights of the workman i'm the prosecu-
ton of their trade or trades; and In
the act of June /, 1898, strikes were
recognized as legal in the same pro-
vision that forbade participation in OF
instignation of force or violence
against persons or property, or the at
tempt to prevent others from work
ing, by violence, threat or intimida-
tion. The business man must be pro-
tected IN person and property, and sc
/ must the farmer and the wage work
er and as regards all alike, the rights
| of peaceful combination for all law
| full purposes should oe explicitly rec
| ogniZed."
1t must be remembered that a pre-
! liminary injunction in a labor case
| If granted without adequate proof MAJ
| often settle the dispute between the
| parties. and therefore II improperly
| granted may do irreparaDle wrong
| Yet there are many judges who as
sumo a matter-of-course granting o.
J preliminary injunction to be the or
! dlnary and proper judicial disposition
! VI SuCn cases. anu lutIe nave un
doubtedly been flagrant wrongs com.
mittcd by judges in connection with
! labor and even within the last few
years
1t is important to note that the ac
! Of June 20, 1856, was passed at tn,
first session of the first Congress tha
| met under the first Dem Ocratic ad
ministration after the civil war anC
! there labor received its first recogni
| ton from the goyrnmnt. one Re
( publican administration has succeeded
| another for twenty-fOur years and no
| one act was passed IA the interest oI
/ labor or in acknowledgement of IL
right TO fair and equal treatment. The
! Republicans enacted a tariff which
! enhanced the price Of products tina
/ labor had made and capital owned
! and they pretended to do this with q
4 view OF securing for labor higher
/ wages. What they have given, how
/ ever. was to the capitalist and they
/ trusted him to divide. That the in
/ creased profits of protected employer.