The sun., 1908-01-11

- HAHA4NNNN ANANAAAN|NA
AdOpeod n Massachusetts, and some other
0taAal. and indeed has practically been
AdoDeea by PrssAdsnA Roosevelt. in rospSoc
20 ths ssetlamsRs of these labor OontrOVsrBioS
Whioh has substantial and practical results.
That b q provisloh of Law By which an Inn
ditlOne surrounding the dispute, take sworn
evidence. draft q conclusion In respect 20
the merits Of the Issue and Dubllah it to the
world.
TKn RroHT TO STRIKE.
Mr.. Taft referred 20 tho settlement OF
the anthracite GOAL strike a. a triumphant
vindioation Of President Roosevelt and q
victory for arbitration. Although every
thing should bo done TO avert strikes there
we're times when nothing but strike would
accomplish the legitimate purposes OF the
abor0r. He said:
And now what ls che right Of the labor
union with respect to the strike? l know
that there has been at times = suggestion In
the Law that no strike can be legal. deny
this. Msn have the right to leave the en-
piOy OF their employer in a body In order
TO impose on him Gg-gfe6t an inoonvenI
Rs possible to induce him to come tO1smsT
terms. They have the right In their labor
unions 60 delegate TO their leaders the power
10 sAy when TO strike. They have the right
In advance to accumulate by contributions
from all members OF the labor union a fund
which shall enable them to leave during
the psndoncy Of the strike. They have the
right TO use persuasion with all other laborers
who are invited to take their places In order
to convince them OF the advantage to labor
Of united action. IL Is the business OF courts
and OF the police to respect these rights with
the same degree Of care that they respect
the right OF owners OF capital to the pro-
tectIOn OF their property and business.
Those leaders OF labor unions who have
learned to pursue conservative methods
have added greatly to the strength OF
their cause and have given the unions much
better standing With the great body OF the
people. who are neither capitalists nor labor
ere and only favor the greatest good for the
greatest number. ! am inclined to think
that the popular resentment against the
revelations Of corporate lawlessness may
have had something to do with this change
OF sentiment resort TO violence or other
form Of lawlessnsss on behalf OF a labor
union properly merits and receives the sharp
eat condemnation from the public and il
quite likely to loss the cause Of labor its sup
port 10 the particular controversy.
Mr.. Taft next turned his attention to cor
porate evils and abuses a. they affect labor.
Industrial corporations by sitting COM
petition and railroad corporations by means
os sns ESoS.e ~ us Kept up the prices OF the the
purchasing power Of wages. Labor there
fore should vigorously sustain the policy
Of tho OOvernmOnt'in in bringing these great
corporate enterprises within the law and
requiring them to conduct their business in
accordance with tho statutes Of their cOun-
try.
He condemned corporate managers for
entering into q course Of violence in labor
controversy. No amount Of lawlessness on
the part OF the labor striker justified law
lessness on the part Of the employer. Black
listing too was unlawful and should be
Conremned. Actual or threatened violence
by united labor to prevent the employment
OF men In place OF strikers was unlawful
and was strongly to be condemned, but
persuasion not amounting in effect to duress
was lawful. The boycott was characterized
by the speaker an a cruel instrument.
THR REMEDY By INJUNCTION
Taking up the legal remedies for abuses.
he said in part:
In cases OF unlawful combinations OF capi-
tai. as well as OF such combinations OF labor.
the method in equity by securing an injunc-
tion seems 10 be preferred by those who are
about TO be injured
An Injunction suit does not differ in the
slightest degree from a suit brought after
the event. 20 far as the function of the court
IL concerned In declaring the law, except that
the court declares the law in respect OF an
ticipated facts rather than in respect OF those
which have happened. He has no authority
70 make law. In an injunction suit a. in any
applies Il 20 the circumstances. In order to
save the party plAinti1 from having to bring
suit 70 recover for an injury that he is going
90 suffer he says. This Is an unlawful injury:
and a. you threaten to do II l enioin you
from doing it,
Certainly prevention il better than cure.
and Il is no wonder that a man who is about
to have his business injured or his property
destroyed prefers to prevent the injury
rather than to allow II to occur Neither a
suit in damages nor a criminal prosecution
il likely to bring him back his property OF to
restore his loss. Moreover, in cases OF boy
colt In many States there is no provision for
criminal prosecution.
Mr. Taft gave a history Of the writ Of
injunction and showed how it worked in
certain cases, He admitted that it had
been abused in some labor disputes. chiefly
from tho practice OF issuing injunctions
without giving notice OF hearing to the
defendant. In this GLASS Of cases he favored
amending the law so that mo temporary
restraining order should issue at al until
after notice and hearing He added:
There 10 another objection that the Judge
who issues the writ hsh a personal sensitive
ness in respect 90 Its violation that gives him a
bias when he comes 70 hear contempt pro-
Ceedings on a charge OF disobedience to the
order and makes Il unfair for him to impose
punishment II conviction follows. I think
q consideration to affect them. but agree
that there Ia a popular doubt OF the Judges
impartial attitude In such q case. For that
reason, would favor a provision allowing
the defendant in contempt proceedings TO
challsnge the Judge Issuing the injunction.
and to call for the designation ,oE another
Judge 70 hear the issue.
Trial by jury. no said. would delay mat
ters and weaken the force and authority
Of q court order II labor union didn't
like an Injunction II should take the matter
70 q court Of last resort. This would secure
a series Of decisions that would prevent the
issue OF injunctions such as some Of those
they now complain OF.
THEN CANH THE QUESTIONS.
There was some good hearty cheering
when tho Secretary concluded the reading
and then Prof. Smith announced that II
anybody had any questions to ask now was
the time TO fro EN- OF. The Secretary
would spar one round with any one in the
audience. or words to that general intent.
There were questions and to spare, 90 many
of them that II was announced that they
must bo written and handed up TO the plat
form