The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-29

IA Il ~ ~ " Il &Os AOOo
welfare of the farmer is vital to that OF
the whole country. One of the strongest
the business which his crops are to al
ford He is vitality interested in the re-
straining OF excessive and unduiy dls-
eliminating railroad rates, in the enforce
ment or the pure food laws. In the promo
ton OF scientific agriculture and increas-
ing the comforts of country life by the
expansion of the free rural delivery. The
poncles OF the present administrator
which have most usually promoted all
these objections cannot fail to commend
themselves to his approval: and it is diff
ficult to see how with his intelligent APP
probation of the threat to business pros.
perfty involved in Democratic success at
the polls he can otherwise than to give
his full and hearty support to the contln-
uation of the present administration under
Republican auspices.
Labor and What Republican Party
Has Done for 1t.
We come now to the question of labor
One important phase of the qualities of
the present administration has been anx-
1ety 10 secure for the wage Garner an
utory protection as will place him on a
level in dealing with his employer. The
Republican party has passed an employ
er's liability law for interstate railroads
|
government employees and on government
construction. The essence of the reform
effected by the former is the abolition of
the fellow-servant rule and the introduce
ton of the comparative negligence theory,
by which an employee injured in the SER
vice of his employer does not lose all his
right to recover because of slight negli-
gence on his part. Then there is the act
providing for compensation for injury to
government employees, together with the
various statutes requiring safety appli-
ances upon interstate commerce railroads
for the protection of their employees and
limiting the hours of their employment.
These are all the instances or the ef-
forts of the Republican party TO do JUS
tice to the wage Garner. Doubtless a
more conservative measure for compen-
sation of government employees will be
adopted in the future; the principle in
such cases has been recognized and in
necessarily somewhat slow course of leg
islation will be more fully embodied in
definite statutes.
Interest of Employer and EmpIoye
Only Differ in Respect to Terms of
Employment.
The interests of the employer and the
emplOye never differ except when II comes
to a division of the joint profits of labor
and capital into dividends and wages.
This must be a constant source or period
zeal discussion between the employer and
~
employment
Advantage of Union.
To give to employees their proper posi-
ton in such a controversy to enable them
to maintain themselves against employers
having great capital they may well unite,
because in union there is strength and
without II each Individual laborer and
employee would be helpless. The promotion
of industrial peace through the instru-
mentality of the trade agreement is often
one of the results of such union when
intelligently conducted.
Other Labor.
There is a large body of laborers. skilled
and unskilled. who are not organized into
unions. Their rights before the law are
exactly the same as those of the union
men and are to be protected with the
same care and watchfulness-
Rights of Labor.
In order to induce the employer into
a compliance with their request for
changed terms of employment workmen
have the right to strike in a body. They
have a right to use such persuasion as
they may, provided it does not reach the
point of duress. to lead their reluctant CO.
laborers to join them in their union
against their employer and they have a
right, If they choose, to accumulate funds
to support those engaged in a strike, to
delegate to officers the power TO direct
the action OF the union, and 10 Withdraw
themselves and their associates from deal
ing with or giving custom to those with
whom they are in controversy
What Labor Cannot Lawfully Do.
What they have not the right to do is
TO injure their employers property, TO in
jure their employers business by use of
threats or methods 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 his customers or those win
whom he deals in business. All those who
synpathize with them may unite to aid
in their struggle. Fbut they may not
through the instrumentality of threat
ened or actual boycott compel third per-
sons against their will and having no in
terest in their controversy TO come TO
their assistance. These principles have
for a great many years been settled by
the courts of this country.
Threatened unlawful injuries to busi-
ness like those described above can only
be adequately remedied by an injunction
to prevent them. The Jurisdiction of a
court of equity to enjoin in such cases
arises from the character of the injury
and 1.-THE method of inflictinS 1t, and the
fact that suit for damages offers no ade-
quate remedy.
The injury is not done by one single act
which might be adequately compensated
for in damages by d suit at law, but 1t is
Il
ries of acts. each of which in itself might
not constitute a substantial injury or
make a suit at law worth while, and all
of which would require a multiplicity OF
suits at law. Injuries of this class have
since the foundation of courts of equity
| been prevented by injunction.
1t has been claimed that injunctions dc
not issue to protect anything but prop
ertv rights and that business is not a
| property right, but such a proposition is
| wholly inconsistent with all the decisions
of the courts The supreme court of the
United States says that the injunction
is a remedy to protect property or rights
of a pecuniary nature. and We may well
submit to the considerate judgment Of al
| laynen, whether the right of a man in
/ his business is not distinctly right OF
/ a pecuniarv nature as the right to his
| horse or to his house or stock of goods on
his shelf. Instances in which injunctions to
protect business have been upheld by all
| courts are so many that it is futile fur
| ther 10 discuss the proposition.
| 1t is difficult to tell the meaning OF
the Democratic platform upon the SUBJ
| ject 1t says:
Questions of judicial practice have
| arisen. especially in connection with in
dustrial disputes. We deem that the par
| ties to all judicial proceedings should be
| treated with rigid impartiality. and that
| infunctions should not be issued in any
| cases in which injunctions would not is
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