Daily press. [volume] (Newport News, Va.) 1896-current, 1908-02-01

4
FISK OF injury Just as certainly ae the
cate of interest for money includes an
allowance for Insurance against the
tisS OF loss. In theory If employees
were all experienced business mon
! they would employ that part OF their
wages which Is received because Of
| the risk OF injury 10 secure accident
insurance. But, as n matter of fact
IL IL not practical TO expect that this
| VIII he done by the great body OF EN-
pioyees. An employers liability law
makes IL certain that II will be done. In
effect, by the employer, ind II will ul
tiinately impose no real additional bur
den upon him..
Tho Abuse of lnjunetions.
again call yonr attention 70 IN.
need OF some action In connection with
the abuse OF injunctions In labor cases.
As regards the rights and wrongs OF
laoor nnd capital. from blackllsting TO
boycotting. the whole subject Is coy
cred III admirable fashion by tho re-
pori or the anthracite coal strike COM
mission, which report should serve ns
chart for the guidance of both legls
iative and executive officers. Az re-
8ards inl'lnctions. can do little but
repeat what | have said In nv last
message 10 the congress. Even though
II were possible I should consider II
most nnwisc 10 abolish the use of the
process OF Injunction. 1t Is necessary
IN order that the courts may maintain
their own dignity and in order that
they may in effective manner check dis
order and violence. The Judge who
uses II cautiously and conservntlveIv.
but who when the need arises uses II
fearlessly. confers the greatest service
upon our people, and his preelnlnent
usefulness as a public servant should
be heartily recognized But there is
no question i'll my mind that it has
sometimes been used heedessly and
unjustly and that some OF the injunc-
lions issued infiict grave and occasion.
ally irreparable wrong upon those en-
| Joined.
II is all wrong TO use the Injunction
to prevent entirely proper and legitl-
mate actions OF labor organizations In
their struggle for Industrial betterment
Or under the guse of protecting proper
ty rights unwarrantsbly to Invade the
fundamental rights OF the Individual.
II Is futile to concede as we all do, the
right and the necessity of organized eff
fort on the part OF wage earners and
yet by injunctive process to forbid
penceabie action to accomplish the
| lawful objects for which they are Or
ganlzed and upon which their success
depends. The fact that the punish
| ment for the violation OF an Injunction
| must, TO make the order effective,
necessarily he summary and without
the Intervention OF n jury makes Its is
suance In doubtful cases n dangerous
practice and in itself furnishes n rea-
son why the process should be sMr-
rounded with safeguards TO protect in
dividnsis against being enjolned from
exercising their proper rights. REASON
able notice should be given the adverse
party.
This matter is daily becoming OF
graver Importance, md cannot too
urgently recommend that the congress
give careful consideration to the sub
Jcct. II some way of remedying the
abuses Is not found, the feeling OF in-
dignatlon against them among large
! numbers OF our citizens will tend to
grow so extreme as TO produce n re-
volt against the whole use of the proc
esq. OF injunction. The mira conserva-
tiees who object to cutting out the
| abuses viii 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
cannot AFFORD TO trust to anything save
the spirit OF Justice and fair play, for
those very public men who. while It Is
to their interest. defend all the ADVISES
committed by capital and pose as the
champions OF conservatism will. the
moment they think their interest
changes. take the lead In just such
matter as this and pander to what they
| esteem popular feeling by endeavoring,
for instance. effectively TO destroy the
power of the courts in matters OF in
Junction and Will even seek TO render
nuga tory the power to punish for con-
tempt. upon which power the very ex-
istence OF the orderly administration
OF justice depends.
1t Is my purpose as soon as may
be to submit some further recommen-
dalton In reference 10 our laws re-
gulating labor conditions within the
sphere of federal authority. A very
recent decision OF the Supreme Court
of the United States rendered since
this message was written in the case
of Adair VS. United States seemingly
of far reaching import and of very
serious consequences. has modified the
previously entertained views on tht
powers of the congress in the premis-
es to such a degree as to make neces-
sary careful consideration of the OPP