Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-03-07
'BOTH[RSONE QUESTION
Government By Injunction May
Be Forced as Real Issue in
Coming Campaign
WORRIES THE REPUBLICANS
Democrats Force the Issue and Presi
dent Partially Responsible for Bring
ing 1t to tho Front = To Ignore 1t
Would Be Embarrassing, Party
Leaders Say.

Especial Washington Correspondence
Washington, March Glow to keep
the question of government by IN
| junction from being real issue in the
coming political campaign is worrying
the republican leaders more than they
| like to admit
The democrats believe they have the
republicans on the hip in connection
with the issue. and are doing every
thing in their power to retain the adj
vantage. They expect that If they can
force the republicans into a disad-
vantageous position with reference to
the question, it will be worth good
many thousand votes in the coming
campaign. and they expect further that
| these democratic gains will come just
where they will be OF most advantage
to the dtmocrats-namely In the
| large industrial centers.
| The aspect, which threatens to de-
velop into q political issue between
| the parties, relates to specific In
junction case Federal Judge Dayton,
| in West Virginia. enjoined the officers
of the United Mine Workers from
! irving to unionize the employees OF q
mining company. The injunction was
so sweeping and remarkable that 1t
aroused vigorous protest
tSY1harSnn democratic lead
err in the upper house. introduced a
resolution to have the committee on
| judiciary investigate the whole matter
| of this injunction, and determine
whether legislation was necessary, and
If SO to frame bill. The resolution
gave the committee power to hold sit
| tings, summon witnesses. administer
oaths, etc. 1t was promptly sent TO
| the committee on contingent expenses
of the senate for report on the ques-
ton of spending the senate's money
for such purpose.
| The committee has been worrying a
good deal of late about the resolu-
ton. If 1t reports favorably on the
| proposition of allowing the senate's
funds to be used in this way. the re-
port will be regarded as in the nature
of an endorsement of the investigation.
Now, the conservative republicans
don't want any such investigation, and
they are doing everything in their
power to head it Off, without at the
same time making it an issue. Ii the
committee on contingent fund reports
adversely, there will be minority re-
port in favor Of the resolution, by the
minority members, Senators Money
| and Clark. democrats. If 1t reports
| favorably, the difficulty of re-referring
| the resolution to some other committee
where it can be killed will be increased
very much In either case. the demo-
Gratis think they stand to gain de-
cided political advantage.
Since 1896 the democrats of the
Bryan type have made good deal of
this issue of the use of injunction;
but until the great speech by Senator
Bailey two years ago. in which he
defined the limitations which congress
has power to impose upon the employ
ment Of the writ by the minor feder-
| al courts, the matter was never put
in shape for an effective use of the
! proposition. politically. Bailey dem
| onstrated to the satisfaction of the
I senate, or most of it's members. that
| as matter of constitution and of
| law, here is power in congress to
limit the right of the congressional
courts in exercising the power of in
junction Ever since that time there
| has been effort on the part of DEM
ocrats to put the republicans in a
hole" on this issue, and the Culber-
son resolution has certainly served to
put some of them, at any rate, in that
| position.
The fact that the president has
| himself recommended some restric-
lions of the power of injunction has
| complicated the question for the re-
publicans. In the West Virginia case.
there is serious objection to having
! congress step in and undertake in
| vestigation of a procedure which is
still pending in court. The court
cate the injunction, on the hearing
on the motion to make it permanent.
For congress to interfere by an in
vestigation would be unquestionably
a most remarkable and unusual pro-
cedure But for it to turn down the
| Culberson resolution. likewise, would
| be a most unfortunate bit OF politics.
ITO refuse even to look into this
matter when we have the presidents
recommendation for some restriction of
the injunction power. would be highly
| embarrassing to say the least" ad-
mitted a leading republican who would
| like to see the problem in Guinea if 1t
| could be conveniently transported
| thither cat the same time. to inter-
fere with the processes of court.
when no charge Of corruption or mall
feasance has even been suggested. is
most unpleasant. I don't know just
where we are to get of"
And none of the rest of the repub-
lican leaders seems to know how to
get out of it, short of permitting the
investigation. Yet there is strong in
| disposition to do that.