The Owosso times. (Owosso, Mich.) 1897-1926, 1908-02-07
PRESIDENT MESSACE

court in regard to the employers la
bllity act, the experience of the inter
state commerce commission and of
the department of justice in enforcing
the Interstate commerce of the anti
trust laws and the gravely significant
attitude toward the law and its admin
istration recently adopted by certain
heads of great corporations, render it
desirable that there should be addition
Rl legislation as regards certain of the
relations between labor and capital
and between the great corporations
and the public.
The supreme court has decided the
employers liability law to be unconsti-
tutional because it's terms apply to en-
ployes engaged wholly in intrastate
commerce as well as to employees en-
gagged in interstate commerce. BY a
substantial majority, the court holds
that the congress has power to deal
with the question insofar as inter-
state commerce is concerned.
States Have Duties.
AS regards the employers liability
law, advocate it's immediate enact
ment, limiting its scope so that 1t
shall apply only to the class of cases
as to which the court says it can
constitutionally apply, but strengthen
ing it's provisions within it's scope.
Interstate employment being thus COW
cred by an adequate national law, the
field of intrastate employment will
be left to the action Of the several
states. With this clear definition Of
responsibility, the state will undoubt-
eddy give to the performance of their
duty within their field the considera-
tion of importance of the subject de-
mands.
I also very urgently advise that a
comprehensive act be passed provid-
ing for compensation by the govern
ment to all employers injured in the
government service.
lnjunctions Abused.
/ again call your attention to the
need of some action in connection
with the abuse of injunctions in Ia
Dor cases. AS regards injunctions, I
can do little but repeat what l have
said in my last message to congress.
Even though it were possible l should
consider it most unyise to abolish the
use Of the process of injunction. 1t is
necessary in order that the courts
may maintain their own dignity and
in order that they may in effective
manner check disorder and violence
The judge who uses it cautiously and
conservatively, but who, when the
need arises, uses it fearlessly, con.
fers the greatest service upon our
people and his prominent usefulness
as public servant should be heartily
recognized. But there is no question
in my mind that it has sometimes
been used heedlessly and unjustly and
that some of the injunctions issued in
flict grave and, occasionally, irrepar-
able wrong upon those enjoined.
1t is all wrong to use the injunction
to prevent the entirely proper and
legitimate actions of labor organiza-
tons in their struggle for Industrial
betterment, or under the guise of pro
tecting property rights unwarrantably
to evade the fundamental rights Of
the individual. 1t is futile to concede,
as we all do, the right and the neces-
sity Of organized effort on the part of
wage earners and, yet, by injunctive
process to forbid the peaceable action
to accomplish the lawful objects for
which they are organized and upon
which their success depends. The
fact that the punishment for the viola.
ton o. an Injunction must, to make
the order effective, necessarily be
summary and without the interven-
ton of jury makes its issuance in
doubtful cases a dangerous practice
and, in itself, furnishes a reason why
the process should be surrounded with
safeguards to protect the individual
against being enJoined from exercis.
ing their proper rights. Reasonable
party.
This matter is daily becoming of
graver Importance, and I cannot 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
Indignation 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
process of Injunction
Property Holders Demand Justice.
Men Of property cannot 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 com
mitted by capital and pose as the
champions Of conservatism, will, the
moment they think their interest
changes, take the lead in just such q
matter as this and pander to what
they esteem popular feeling by en-
deavoring, for instance, effectively to
destroy the power of the courts in
matters of injunctions and will even
seek to render nugatory the power to
punish for contempt, upon which power
the very existence of the orderly ad
ministration of justice depends.
1t is my purpose, as soon as may