The labor world. [volume] (Duluth, Minn.) 1896-current, 1908-06-27
|DlhGER0Us POWER |||. NOW
EXERCISED BY COURTS
Government by Injunction oppos-
]. ed to the Spirit Of Our RS
2.:: 2.: Institutions. s hi.
PEOPLE AND NOT COURTS
SHOULD ENACT OUR LAWS
Steady Assumption Of Power by
Courts Render Legislative
4 Enactment Migratory. !.

j The growing opposition Of the peu-
pie to judge made laws or government
is based upon more than mere. senti-
mental opposition. 4: {.
>. We intend to obey the laws of our
country and our very proper inten-
tions in this regard would be mate-.
rialIy assisted If it was made clearer
stps all people what the laws actually
are. -s. *Ass> 2.
. Judge Made Laws. L
Ss There has been general supposi-
stion that in a republic the representa-
tives Of the people duly elected meet
in legislature or in congress to enact
laws to govern the people, but we are
fast finding out that through a steady
assumption Of power by the courts,
our laws are. a small part. statute
laws and large part judicial rulings,
or precedents, never approved BY any
legislative body. -: r..
Prejudice If Courts. =: !:
cially prejudicial against the exercise
Of these larger powers by the courts
because Of the fact that no matter
what the. statement of facts may be
the decision is nearly invariably adj
verse to labor. ., z..,.
Nor can it be assumed that these
adverse decisions. indicate that labor
has always been in the wrong, unless
the, following contradictory illustra'
tions can be. raconciled with that
view: -. E. - ~ -, T e.
!. An. employer whose men are on
strike asks for an injunct tion restrain
ing his >foremr employees from talking
with persons entering. his employ, In
granting the. Injunction the. court says
that every man hassthe rightto work.
or not to; work. without interference
from any other otssetof men, etc.
q receiver who redHces wa ges and the
employees propose to strike against the
reduced wags. The receiver applies for
an injunction restraining the en-:
ployes from striking and the injunc-
ton is issued. What becomes of the
right not to work? r.
8. A state has a law against an en-
ployer discharging any person be-
cause of membership in labor union.
A manufacturer discharges 800 hands
who are union members to enforce a
reduction of wages. Later he applies
for an injunction restraining his form
er employees from talking with his
new employees. In his testimony the
employer said he discharged the 300
because they were members Of
equity procedure that one who asks
for relief from an equity court must
come with clean hands, That is to
say: that one who is himself Violat-
ing the law is not entitled to claim
relief in equity. In this case the en-
ployer testified he discharged 300 per-
sons because they were unionists. This
was violation of statute confessed in
open court but the judge said he
found no evidence of any violation of
statute" and issued the injunction. :"
4. In a strike non-unionist is as
saulted by known spectator, not
striker nor a member Of the strikers
union. The person committing the
assault can be punished In the police
court but that woul dnot break up ths
strike so the employer goes to court
and represents that the gathering Of
crowds nea rhis factory are a menace
to his business and asks for and OBJ
tains an injunction restraining his
former employees their union, and all
persons in sympathy with them, from
walking upon the streets in the vicin:
ity Of the factory Of the plaintiff."'. In
many cases hired detectives have
created the required amount Of dis
order to satisfy the judge that an In
junction should be issued.
. 5. A law forbidding the blacklisting
of a workman by employers and the
refusal to employ him because Of his
membership in a union is declared
Unconstitutional because the employ
ers, either singly or collectively, have
right to employ or not to employ
whom they please. -, =, -.
- Lack Of Consistency. . ,+
The same court holds that employees
may not refuse to purchase the mer-
chandise Of a particular employer, in
vokes q statute nevxer meant, to, be
applied to employees, and issues an in
junction. In this comparison a stat
ute restricting employers is. declared
unconstitutional TO; the injury Of labor,
while another statute never intended
to apply to labor, is held valid ana
applied to the injury Of labor.
All of the foregoing illustrations arc
from real cases and many more could
be cited equally contra dictory Of the
theory that az men stand equal be-.
fore the law. &. /. s.
We do not think It Isl going too far
to say. that INT the instances quoted e.
disposition is shown to favor employ
ers as against Ii abor: & s .zS..
Il is this tendency which has
AROUSED the working people of this
q Sl country, and their thizers to !. a
alization 5of the dangerous power
now assumed and sexercised BY the
courts.
has been said sthat ours iss ;sov-