The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1908-02-06

uSeu neeultSSly ana uuluollgs Nlat
some of the injunctions issued infiict
grave and occasionally irreparabie wrong
upon those enJotned.
1t is all wrong TO use the Injunction
to prevent the entirely proper and legiu-
mate actions of labor organizations In
their struggle for Industrial betterment,
or under the guise of protecting properly
rights unwarrantably to invade the run
dainental rights of the individual. il is
futile to cOncede, as we all do, the right
and the necessity Of organized enort on
the part Of wage-earners and yet by IN
junctive process to forbid peaceaole ac-
ton to accomplish the lawful objects for
which they are organized and upon
which their success depends Inc TACT
that the punishment for the violation
of an injunction must to make the order
effective, necessarily be summary ana
without the Intervention of jury makes
its issuance In doubtful cases danger
Gus practice, and in itself furnishes
reason why the process should be sur
rounded with safeguards to protect IN
diViduals against being enJoined from eN-
ercising their proper rights, ReasonaDle
notice should be given the adverse party.
This matter is daily becoming OF grayer
Importance and l can not too urgently
recommend that the congress give care
full consideration to the subject. III some
way of remedying the abuses is not found
the feeling of indignation against them
among large numbers of our citzens Will
tend to grow so extreme as 10 produce
revolt against the whole use OF the
process of injunction. The ultra-conserv-
atives who object to cutting out the
abuses will do well to remember that II
the popular feeling does become strong
many of those upon whom they rely TO
defend them will be the first TO turn
against them. Men of property can not
afford to trust to anything save the spirit
of justice and fair play; for those very
public men who. while it is to their in,
tCrCSt, defend all the abuses committed
| by capital and pose as the champions OF
conservatism, will, the moment they
4,,l- hnfy. ftNfn aIn
| lead in just such a matter as this ana
| pander TO what they esteem popular feel
| ing by endeavoring, for instance. et-
| fectively TO destroy the power of the
courts in mat RS of injunction; and will
even seek to !ender nugatory the power
| to punish for contempt, upon which pow
er the very existence of the. orderly ad-
ministration of justice depends.
1t is my purpose as soon as may be 10
submit some further recommendations in
| reference to our laws regulating labor
conditions within the sphere, of federal
authority. A very recent decision of the
| supreme court of the United States rem
| dered since this message was written,
| in the case of Adair VS.. United states,
| seemingly of far-reaching import and
of very serious probable consequences
| has modified the previously entertained
| views on the powers of the congress IN
! the premises to such degree as to make
, opinions therein filed before it is pos
sible definitely to decide in what way to
call the matter to your attention.
Asks Federal Supervision
of Interstate Carriers
Not only should there be action on GER
| tain laws affecting wage-earners; there
! should also be such action on laws bet
ter to secure control over the great busi-
ness concerns engaged i'll interstate COM
mercc. and especially over the great COM
mon carriers. The Interstate Commerce
| Commission should be empowered tc
pass upon any rate or practice on Its
own initiative. Moreover, it should be
provided that whenever the commission
has reason to believe that proposed ad'
| vance in rate ought not to be made
without investigation it should have au-
thority to issue an order prohibiting the
advance pending examination by the
| commission.
would not be understood as expressing
an opinion that any or even majority
of these advances are improper. Many
| of the rates in this country have beer
| abnOrmally low. The operating expenses
of our railroads, notably the wages paid
railroad employees, have greatly in
creased. These and other causes may ir
| any given case justify an advance ir
| rates, and II so the advance should be
| permitted and approved. But there may
be, and doubtless are, cases where this
IS not true; and our law should be sc
framed that the government, as the rep
rcsentative of the whole people, can pro-
teCt the individual against unlawful eX-
action for the use of these public high
| ways The Interstate Commerce Com
mission should be provided with the
means to make physical valuation OF
any road as TO which it deems this valu-
alton necessary. In some form the fed
eral government should exercise super
| vision over the financial operations OF
our interstate railroads In no other way
can justice be done between the private
owners of those properties and the pub
lie which pay their charges. When once
an inflated capitalization has gone upor
l. - l,nr- Hr1 fzyn1 "
value, its existence must be recognized
AS a practical matter it is chen otter
absolutely necessary to take account OF
the thousands of innocent stockholders
who have purchased their stock in goot
faith. The usual result of such imitation
is therefore to impose upon the public
an unnecessary but everlasting tax
while the innocent purchasers of the
stock are also harmed and only a few
spectators are benefited. Such wrongs
when once accomplished can with diff
tiCulty be undone; but they can be pre-
vented with safety and with justice
When combinations of interstate railway!
must obtain government sanction; wher
1t is no longer pNSsible for an interstate
railway to issue stock or bonds save il
the manner approves by the federal gov
ernmcnt; when that government make:
sure that the proceeds of every stocl
and bond issue so into the improvement
of the property and not the enliChmcn
OF some individual or syndicate; when
whenever it becomes material for guid
ance in the regulative action of the gov
crnment. the physical value of one o
/, these properties is determined and mad
known-thcre will be eliminated from
railroad securities that element of un
certainty which lends to them their spec
ulative quality and which has contributed
much to the financial stress of the re
cent past.
Would Permit Pooling
Of Railroad Interest
In this connection desire to repeat m,
l recommendation that railways be per
, mitted to form traffic associations for tn
! ! purpose of comforting about and agree
. ing upon rates, regulations, and practice
affecting interstate business in which tn
, members of the association are mutual
. Interested This does not mean that the
earnings or their traffic. The law re
: ouires that rates shall be so adjusted a
! | not to discriminate between individuals
: localities, or different species of traffic
: Ordinarily, rates by all competing line
! ! | must be the same. AS applied to praC
! tical conditions, the railway operation
! | of this country can not be conducted az
= | Cording to law without what is cquiValeT
: to conference and agreement. The article
= under which such associations operat
:, should be approved by the commission
all their operations should be open t
Il public inspection and the rates, regula
!, tions, and practices upon which the
u agree should be subject to disapproval b
the commission.
y urge this last provision with the sam
4 earnestness that l do the others. Th
\ country provides it's railway facilities b
II be adequate unless the capital employe
i is assured of just treatment and an adj
!, quate return. In fixing the charges
q our railroads, / believe that, considerin