The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1908-12-31
WRIT OF INJUNCTION,
Strikes at Foundation of Good
Government.
PUTS DOLLAR ABOVE TIE MAN

Based on the Old Justianian Code That
La" is For the Purpose of Protecting
ProPerty-Saxona Recognized RIGHTS
of the Individual.
Inc struggle over government by in
Junction derives its chief Importance
because it is really q struggle between
the JuStinian code and the old Saxon
common law, writes e. +. Baldwin in
American Federationist. At first sight
1t does not appear to the unthinking
to be of much Importance what writ
issues from the court. Why should we
regard the writ of habcas corpus as
the foundation Of our liberty and the
writ or Injunction, when applied to la
Dor disputes, as tyrannical, unjust and
unfair?
The answer to this lies in the differ
cncc between the old Roman law as
eNelnpliieu in the Justinian code and
the Saxon law, which is based upon
the right of the Individual The Jus
tinian law holds that legal processes Of
society are for the protection of prop
crrS.
Its workings can be seen in the pres
ent labor difficulties \ man comes
into court with Il bill against a corpo-
ration. II the corporation is una bic to
pay the judge forthwith appoints Il re-
ccivcr, throws the management out Of
their positions, suSpcnds the payment
of interest on their obligations ana iii
Structs the receiver to manage the
property with the sole idea of paying
the debt. The old Justinan code holds
that law is for the protection of prop
ar,y and primarily for the protection of
iho creditors. The law was for the
tf No. in, Of n II
Judge appoints 4 receiver over Il corDo-
cation he is simply enforcing the old
JuStinian rule.
but when an employee of this same
corporation finds that the earnings of
the company arc taken to pay divi-
dcndS on Watcrcd stock. that his wa gcS
are rcnorscleSsly cut down, that he is
not allowed any voice in the mana gc-
mcnt and his protests arc UNDECIDED and
he goes into court the judge tells him
That he has no remedy in law. The
Workingmnr must therefore fall back
upon the .old Saxon method of trial by
battle-that is. he must strike Now,
no wOrllinGnlan wants to strike 1t
means to him enormous loss. some
times failure, change of position and
even If he be successful he is looked
upon by capital as Il disturDer But he
is forced to do it by the action of the
court i'll refusing to listen to any COM
plant when wrong is done an indi-
Vidual.
The JuStininn law protects property
while the Saxon law recognizes the
right of the Individual to protect him.
self. Now the corporations are en-
d"aroring TO apply the Justinian law
to strikes. They want the court to is
sue iniunctinnS against labor rcSortinc
TO trial by battle on the ground that
1t is the duty of the court to protect
property.
What labor demands IS that it shall
be put upon the same basis with prop
crty. If the management deliberately
ocirtudS its employees, Expresses
them. the individuals ought to have
the same right of legal process that
would be given them If the road owed
th"m money. This is plain common
sense. This is the old Saxon law,
and this is tho reason why there is
such violent opposition to government
by injunction. 1t is an effort to put
the dollar above the man. and in the
end it reduces the worker to Il condi-
ton Of slavery. Whom we neglect this
plain and sensible principle we strike
at the very foundation of good govern
ment.
For the effort Of organized society
must be III the last analysis the Gle
walton of the common man. The
weakest child that plays in the gut
tcrS of our great cities has Il right to
demand pure food. pure air. pure
wafer and the development of all the
faculties the Almighty has given him.
and if organized society fails to listen
to his plea it will suffer the penalty.
We are beginning to see that it is
the duty Of organized society to pro-
tect the Individual; that when Il state
ceases to produce men decay sets in.
The application Of the Justinian code
thus produces in modern society just
what it did in ancient Rome. In put
tir" the dollar above the man it eX-
terminates; the man.
These are facts that lie ut the fOun-
dation of good government If the in
dividual is forced by the construction
of the law by the court to fall back
upon til" old Saxon trial by. battle he
should be allowed an opportunity to
carry his fight to its logical conclusion
This will teach organized society that
it must listen to his complaint and give
him 4 legal remedy. If capital has the
right to appoint 4 receiver when the
corporation violates its obligations
labor ought to have the same right.
This would 20 far toward stopping the