The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-01

Banton, who was injured nearly two
years ago while doing his duty. He is
now helpless to support his wife and
three little boys. I again call your at
tention to the need of some action in con-
nection with the abuse of injunctions in
labor cases. AS regards the rights and
wrongs of labor and capital. from black
listing TO boycotting. the whole subject
is covered in admirable fashion by the
report of the anthracite coal strike COM
mission, which report should serve as a
chart for the guidance of both Legislative
and executive offices. AS regards in
functions. can do little but repeat what
i nave said in my last message to the
congress. Even though IL was possible
i should consider II most unwise to abOl-
ish the use of the process of injunction.
II is necessary in order that the courts
may maintain their own dignity and in
order that they may in effective manner
check disorder and violence. The judge
who uses It cautiously and conserva-
lively, but who. when the need arises.
uses II fearlessly, confers the greatest
service upon our people and his pre-eml-
nent usefulness as a public servant
should be heartily recognized. But there
is no question in my mind that II has
sometimes been used heediessly and I'M
justly, and that some of the injunctiOns
issued inflict grave and occasional IRE
parable wrong upon those enjoined.
Wrong Use of Injunction.
II is all wrong to use the injunction to
prevent the entirely proper and legitimate
actions of labor organizations IN their
struggle for industrial betterment, or UNI
der the guise of protecting property
rights. fundamentally to invade the fun
damental rights of the individual. 1t Is
futile to concede, as we all do, the right
and the necessity of organized effort on
the part of the wage earnerS, and yet by
iniunctiVe methods to forbid peaceable
action to accomplish the lawful object for
which they are organized and upon which
their success depends. The fact that the
punishment for the violation of an in
junction must TO make the order effec-
tive. necessarily be summary and with
out the intervention of a jury, makes its
issuance IN doubtful cases dangerous
practice. and in itself furnishes reason
why the process should be surrounded
with safeguards to protect individuals
against being enjoined from exercising
their proper rights. Reasonable notice
should be given the adverse party.
Matter of Grave Importance.
This matter is daily becoming of graver
Importance. and I cannot too urgently
recommend that the congress give care
full consideration 10 the subject. Ii some
way of remedying the abuses IS not found
the feeling of Indignation against them
among large numbers of our citizens VIII
tend to grow so extreme as to produce
revolt against the whole use OF the proc
ess of injunction. The ultra conserVa-
tives who object to cutting out the abuses
will do we'll to remember that if the pop
ular feeling becomes strong many OF
those upon whom they rely 10 defend
them will be the first 10 turn against
them. Men of property cannot afford TO
trust to anything save the spirit OF Jus
tice and fair play; for those very pubic
men who. while ii is to their interest,
defend all the abuses committed by capt
tai and pose as the champions Of CON
servatism, will, in the moment they think
their interest changes, take the lead IN
just such a matter as this. and pander
TO what they esteem popular Ieehng Dy
endeaVoring, for instance, effectively 10
destroy the power or the courts IN mat
tiers of Injunction: and will even seek to
81 render nugatOry the power TO punish Tor
contempt uDon which power the very eX-
istence of the orderly administration OF
justice depends.
IL is my purpose as soon as may be
convenient 10 submit some further recon-
mendations in reference to our Jaws reg
ulating labor conditions within the sphere
of federal authority. very recent De
cision of the supreme court OF the United
States. rendered since this message was
written. in the case or Adair vs.. / hlIeti
States. seemingly of far-reaching import
and of very serious probable conse-
duences. has modified the previously en-
tertained view TO make necessary caretul
consideration of the opinions tneIein
filed before il is possible to decide IN
what way TO call to your attention.
Control Over Common Carriers.
Not only should there be action on GER
tain laws affecting wage earners; there
should also be action on laws better 10 Sc
cure control over the great business con-
Germs engaged in interstate commerce
and especially over the great common
carriers. The Interstate commerce COM
mission should be empowered TO pass Up
on any rate or practice on its own 1nltla-
tive. Moreover, it should be provided tnal
whenever the commission has reason tC
believe that proposed advance IN rate
ought not to be made without inVesuga-
tion. il should have authority TO issue an
order prohibiting the advance pending
would NOT be understood as expressing an
oDinion that any or even majority OF
these advances are improper. Many Ol
the rates in this country nave oeeh aD-
normally low The operating expenses OF
our railroads. notably the wages palc
railroad employees, have greatly increased