Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1908-07-31
Richmond Journal, J

lRichmond Journal.
Hon. Richard l.. Byrd, Speaker of
the House of Delegates, who recently
delivered an important address on
Federal injunctIons before distin-
guished body of lawyers in another
State, has prepared, at the request of
The Richmond Evening Journal an
article which, in pleasingly simple
form, presents this much-discussed
subject to the lay reader.
The paper will be read with wide
spread interest just now, and will prove
valuable campaign material for DEM
ocrats, as it exposes the Republican re-
cord in this connection.
Mr.. Byrd, indeed, goes SO far as to
quote Taft's judicial record, which is
by no means calculated to win him
friends among the working people.
On the other hand, the paper, in
clear, logical form, shows the con-
sistency of the anti-injunction plank
in the Democratic platform, and fully
explains the history of events leading
up to it. Here is what Mr., Byrd says:
''The use made by the Federal courts
of the writ Of injunction in labor dis
putes has become national issue.
''The American Federation of Labor,
which includes more than 400, 900,
claim that the abuse of the injunction
process by Federal courts is destroying
their right 10 combine and protect
themselves against combinations of
capital. They especially charge that
Judge Taft, when United States Circuit
Judge for Ohio, made an unjust and
tyrannical use of injunctions in num-
Der of cases in which organized labor
suffered.
''President Roosevelt, who is the best
politician in America, clearly saw this
weak spot in the armour of his chosen
champion and strenuously urged
radical anti-injunction plank. In this
matter, however, the reactionories were
too strong for him, and the Republican
injunction plank simply announces
the law rs it now exists. 1t is well for
the general public to understand clearly
what this issue is.
DEFINITION OF INJUNCTION.
"An injunction is writ issued by a
court or a judge in vacation command
ing person or persons either to refrain
from doing certain things or to do GER
tain things. The first is called a re-
straining or preventive injunction and
the second mandatory injunction.
"Injunctions. are also classified as
temporary and permanent injunctions.
A temporary injunction is one granted
in advance of a hearing on the merits
and permanent injunction is grant
ell upon full hearing and finally dis
poses of the case.
Government by injunction is a
phrase which has generally been ap-
piled to the coercion by the courts of
the employees of corporations as to some
matter arising out of labor dispute
"These cases usually occur when the
corporation seeks by an application for
an injunction to compel its employees
to refrain from a strike, or boycott, or
from persuading others to strike, or
from interference in any way with the
business of the employing corporation.
''The labor union is the response of
labor to the gigantic industrial COM
binations which have sprung up un-
der the creative and fostering care of
the Republican party.
ga great industrial combination
means one employer for thousands of
employees, and as this fact disturbs the
law of supply and demand in the labor
market, the units of labor, for self-pro-
lection organize themselves into unions
for the purpose of giving to each the
strength of all. From the necessity of
the case labor unions have only two
weapons with which to fight-the strike
and the boycott.
STRIKES AND BOYCOTTS.
IA strike is concerted, simultane-
Ols and general withdrawal from an
e nployment for the purpose of enforc-
ing demand or redressing a grievance.
A boycott seeks the same purposes by
instituting combination among per-
sons to cease dealing with or working
for offending employers.
ssThe labor leaders claim that work.
ing men have right to quit when and
as they please-individually or collec-
tively-that they have the right to
peaceably persuade others to quit work,
that they have right to refuse to work
for or purchase from corporation
whom they believe to be an enemy of
labor, and to peaceabIy advise others to
do the same.
at is these rights as claimed by la
boring men which the modern use of
injunctions has in effect set aside.
''The usual method is this: A dispute
arises between, we will say, railroad
and its employees. 1t becomes acute
and labor union, the Brotherhood of
Locomotive Engineers, orders a strike.
Or there is strike on one road and la
Dor unionistS on other roads refuse to
handle the cars of the offending road
"The employing corporation then ap-
peals to the court having jurisdiction
and the court frequently issues what is
known as blanket injunction, which
is writ forbidding large number O
undesignated persons doing a number
of things. By these writs laboring mer
have been enjoined from striking, from
persuading others by peaceable mean
to strike, from boycotting the goods o
offending employers and indeed from
everything which would make labo