The Washington times., 1908-08-26
Labor Leaders Article De-
clares Abuses Cry Unto
Heaven"
THINKS JURY TRIAL
IN GRAVE DANGER
Insists That Writs Are Only to Save
Property Rights-Wants
Equality in Law.

NEW YORK. Aug. 26.-In an article
Of the current number Of Independent,
Samuel Gompers. president of the
American Federation Of Labor, discusses
the injunction from the viewpoint OF
labor leader.
Mr.. Gompers sets forth what purports
10 be the views Of this much disputed
legal instrument as seen through the
eyes of the tOiler, In part. lis article
follows:
1T is notorious that the abuses Of
government by Injunction are hagral-
and cry 10 heaven only Jlutocra -ic
attorneys and bigoted, pCwer-lusting
judges refuse 70 admit this Even pO-
liJical trimmers are forced to give their
approval TO planlIs favOring some linn
itation Of the use OF the WTi # in
Junction in so-caIled labor cases Per
sonalIy, we have no doubt whatever. II at
sooner or later the Federal and State
Legislatures viii cali a halt to the
usurpations OF the equity courts and
restore trial by jury and orderly, ra-
-ional, proper procedure. and due proc
ess Of law TO those who have been de-
prived OF those rights by tlle gradual
extension Of the scope Of the injunction.
state constitutions are pointing the way
and as organized labor asserts itself
more and more, Legislatures and ccn-
didates for Office win see greater AMI
greater light and prove more and more
amenable TO the voice of reason
Some Cannot Understand.
yet there are some weIl-meaning
men whose surroundings and assOcia-
tions are such that they are unable to
Ia
movement against the intoIerable n S.
use of the injunction by predatory IN
Jerests. who are So blind as to believe
that modern society and industry can
not get along without the stretched in
junction, and that if we were wise and
progressive we would be cIamoring for
more equity instead Of for less.
Justice Brewer, o. the Supreme
Court, is as upright and intelligent as
any member OF the highest bench and
he has often shown great courage and
Independence. on the injun,--0n Ques-
ton, however, he is strangely behind
the time, amazingly out OF touch with
reality, with the facts and = rHr.ditiOn of
life. He has not only protested against
any limitations of the inJunct ON j., Ter
or even the propositions 10 LUey--~t It's
abuse br.t in one of his addresses Q
expressed The following sentiment:
and more dense and activities Increase,
the restraining power o. the equity
court IS worth vastly more thar the
Furnishing power Of the criminal court.
IN Line With Progress.
d" It is in line with the highest thought
OF the day. We aim 10 stay the cpl
deulic and not TO cure the ravages Of
disease after It has gained head way
What does this mean? That trial
by jury should be still further restrict
ed; that more arbitrary power should
be conferred on judges and that cher
ished common-Iaw principles should be
abandoned in the interests of corporate
property? We cannot do better than
TO reproduce the following criticisms
of Justice Brewers di6tum from the
editorial columns of that able journal,
the Springfield l4IassD Republican:
There seems to be only one inter
pretatlon for this, which is that equity
jurisdiction should be substituted for
the criminal law or more and more an
piled in that direction. In other words
equity should more and more be ex-
panded beyono its original and proper
functions and made To do service in
the field covered by law as well as i'm
that Whlcn the law could not define
and cover beforehand
We have lately heard much from
judges and eminent lawyers of the rise
Of dangerous One-man power in the
government Of the Country-of an Fx-
ecuJlve who would merge judicial and
legislative functions In himself. and
make Jnls government OF men and not
laws.
Brewer Shared Views.
Justice Brewer himself, we believe.
has shared these views and misgivings.
But is he not here suggesting a gc--
eminent Of men and not laws, an arbi-
trary government a government OF one
man or group of men, an absolute gov
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