The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-31

pIoyers' liability law makes it certain
that it will be done, in effect by the
employer, and it will ultimately i'm
pose no real additional burden upon,
him.
There is a special bill to which
call your attention. Secretary Taft
has urgently recommended the i'm
mediate passage of a law providing
for compensation to employees of the
government injured in the work of the
Isthmian Canal, and that 100000 be
appropriated for this purpose each
year. 1 earnestly hope this will be
done; and that a special bill be passed
covering the case of Yardmaster
Banton, who was injured nearly two
years ago while doing his duty. He is
now helpless to support his wife and
his three little boys.
Abuse of Injunctions.
again call your attention to the
need of some action in connection
with the abuse of injunctions in labor
cases. AS regards the rights and
wrongs of labor and capital, from
blacklisting to boycotting, the whole
subject is covered in admirabl fash
ion by the report of the anthracite
coal strike commission, which report
should serve as a chart for the guild
ance of both legislative and executive
officers. AS regards injunctions, 1 can
do little but repeat what I have said
in my last message to the congress.
Even though it were possible, should
consider it most unwise to abolish the
use of the process of injunction. 1t is
necessary in order that the courts may
maintain their own dignity and in or
der that they may in effective man
ner check disorder and violence. The
Judge who uses it cautiously and con-
servatively, but who, when the need
arises, uses it fearlessly, confers the
greatest service upon our people, and
his preeminent usefulness as a pub
lie servant should be heartily recog-
niZed. 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
/ f1ict grave and occasionally irrepara-
bic wrong upon those enjoined-
1t is all wrong to use the injunc-
ton to prevent the entirely proper and
legitimate actions of labor organiZa-
tions in their struggle for industrial
betterment, or under the guise of
protecting property rights unwarrant-
ably to invade the fundamental rights
of the individual. 1t is futile to con-
cede, as we all do, the right and the
necessity of organized effort on the
part of wage-earners and yet by in
junctive process to forbid peaceable
action to accomplish the lawful ob-
jects for which they are 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 inter-
vention of a jury makes its issuance
in doubtful cases a dangerous prac-
tice and in itself furnishes a reason
why the process should be surrounded
with safeguards to protect individuals
against being enjoined from exercising
their proper rights. Reasonable no.
tice should be given the adverse party.
This matter is daily becoming of
graver importance and I can not 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 in
dignation against them among large
mum bers of our citizens will tend to
grow so extreme as to produce re-
volt against the whole use of the pro-
cess of injunction. The ultra-conserv-
atives who object to cutting out the
abuses will do we'll to remember that
If the popular feeling does become
strong many of those upon whom they
rely to defend 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,
the moment they think their interest
changes. take the lead in just snch a
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 Injunction; and will even
seek to render nugatory the power to
punish for contempt, upon which pow
er the very existence of the orderly ad-
ministration of justice depends. It IS
my purpose as soon as may be to sub
nit some further recommendations in
reference to our laws regulating labor
conditions within the sphere of fed
eral auth ority. very recens decision
of the supreme court of the United
States rendered since this message was
written in case Of Adair versus United
States seemingly of far reaching i'm
port and of very serious probable
consequences, has modified the pre-
viously entertained views to make
necessary careful consideration of the
opinions therein filed before it is pos
sble definitely to decide in what way
to call the matter to your attention.
Control of Rates.
Not only should there be action on
certain laws affecting wage-earners;
there should also be such action on
laws better to secure control over the
great business concerns engaged in
interstate commerce. and especially
over the great common carriers.
The interstate commerce commission
should be empowered to pass upon anv
rate or practice on its own initiative.
Moreover, it should be provided that
whenever the commission has reason
to believe that a proposed advance in
a rate ought not to be made without
investigation, 1t should have authority
to issue an order prohibiting the adj
vance pending examination by the
commission.
1 would not be understood as ex-
pressing 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 railroad
employees. have greatly increased.
These and other causes may in any
given case justify an advance in rates,
and if so the advance should he ner-