The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-02-01
Presidents Message
Is Vigorous Document
CONTINUED FROM PAGE l.

has sometimes been used heedlessly and
OniustIy. and that some of the injunc-
lions issued int1ict grave and occasion
ally irreparab1e wrong upon those en-
Joined.
II Is all wrong to use the Injunction TO
prevent the entirely proper and legiti-
mate actions of labor organizations in
S their struggle for industrial betterment,
or under the guise of protecting prop
ertv rights unwarrantably to invade the
fundamental rights of the individual. Ii
Is futile to concede. as we'll as all do. the
right and the necessity of organized eff
fort on the part of wage-earners and
Vet by iniunctlve process to forbid peace
able action to accomplish the lawful OBJ
jects for which they are organized and
upon which their success depends Ihe
fact that the punishment for the viola
1ion of an injunction must, 10 make the
order effective, necessarily be summary
and without the Intervention of a jury
makes its Issuance in doubtful cases a
dangerous practice and in itself fur
nishes a reason why the process should
be surrounded with safeguards to pro-
teet individuals against being en1oined
from exercising their proper rights. Rea-
sonable notice should be given the ad-
verse party.
Remedy For Abuses.
This matter is daily becoming of grayer
Importance and 1 can not too urgently
recommend that the Congress give care
full consideration to the subject. II some
way of remeaying the abuses is not
found the feeling of Indignation against
them among large numbers of our citl-
zens will tend to grow SO extreme as to
produce a revolt against the whole use
of the process of injunction. The ultra
s conservatives who object to cutting out
Z the abuses will do well TO remember that
ba become
many of those upon whom they rely TO
defend them will be the first to turn
against them. Men Of property cannot
+ afford to trust to anything save the spirit
f of Justice and fair play, for those very
public men who, while it is to their IN
terest, defend all the abuses committed
by capital and pose as the champions of
conservatism. will. the moment they think
their interest changes, take the lead in
Just such a matter as this and pander
TO what they esteem popular feeling by
i cndeaVoring, for instance. effectively to
destroy the power of the courts in mat
f ters of injunction; and will even seek
10 render nugatory the power to punish
for contempt, upon which power the very
existence of the orderly administration OF
t justice depends.
Recent Labor Decision.
It is my purpose as soon as may be
to 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 Us. United States,
seemingly of far reaching import and
of very serious probable consequences,
has modified the previously entertained
view on the powers of the Congress in
the premises to such degree as to make
necessary careful consideration OF the
opininos therein filed before it is possible
definitely to decide in what way to call
the matter to your attention.
4 Not only should there be action on GER
tain laws affecting Wage-earners; there
should also be such action on laws better
to secure control over the great business
concerns engaged in interstate commerce.
and especially over the great common
carriers. The interstate commerce COM
mission should be empowered to pass
upon any rate or practice on its own
initiative Moreover, 1t should be pro-
Z Vided that whenever the commission has
reason to believe that a proposed adj
vance in a rate ought not to be made
without investigation. it should have au-
thority to issue an order prohibiting the
advance pending examination by the com
mission.
Railroad Rates.
I would not be understood as express
ing an opinion that any or even ma
jority of these advances are improper.
Many of the rates in this country have
been abnormally low. The operating eX-
penses of our railroads. notably the
wages paid railroad employees, have great
ly increased. These and other causes
may in any given case Justify an adj
vance in rates. and if so the advance
should be permitted and approved. But
/ there may be, and doubtless are cases
f where this is not true. and our law should
be so framed that the government as the
! representative of the whole people, can
! protect the individual against unlawful
/ exaction for the use of these public high
I ways The interstate commerce commits
! sion should be provided with the means
! to make a physical valuation of any
F road as to which it deems this valuation
: necessary In some form the federal gov
eminent should exercise supervision over
the financial operations of our interstate
railroads In no other way can justice be
done between the private owners of these
properties and the public which pay their
charges When once an inflated eapitaliza-
ton has gone upon the market and
has become fixed in value, its existence
must be recognized As a practical mat
ter it is then often absolutely necessary
TO take account of the thousands of in
nocent stockholders who have purchased
their stock in good faith. The usual re-
suit of such imitation is therefore TO I'M
pose upon the public an unnecessary but
everlasting tax while the innocent pur-
chasers of the stock are also harmed
and only a few spectators are benefited.
Such wrongs when once accomplished
can with difficulty be undone; but they
can be prevented with safety and with
Justice When combinations of interstate
railways must obtain government sane
ton. when it is no longer possible for
an interstate railway to issue stock or
bonds. save in the manner approved by
the federal government: when that gov
eminent makes sure that the proceeds
Of every stock and bond issue go into
the Improvement of the property and
not the enrichment of some individual or
syndicate: when. whenever it becomes
material. for guidance in the regulative
action of the government. the physical
value of one of these properties Is de-
termined and made known-there will be
eliminated from railroad securities that
element of uncertainty which lends to
them their speculative quality and which
has contributed much to the financial
stress of the recent past
Federal Control.
think that the federal government
must also assume a certain measure of
control over the physical operation of
railways In the handling of interstate
traffic The commission now has author
.ity to establish through routes and joint
rates. In order to make this provision eff
fective and in order to promote in times
OF necessity the proper movement of
traffic, think it must also have author