Omaha daily bee., 1909-09-17

me adoption Of legislation looking
TO a proper definition Of the cases
IN which preliminary injunctions
might issue without notice and de-
lining the proper procedure in such mat
tiers.
Promises Not Forgotten.
NOW that the election has COM and
gone l want to take this opportunity of
saying that 1 have not forgotten my own
promise or those Of the platform, and I
propose In the next session Of congress to
recommend the legislation on the subject
OF Injunction which was promised in the
republican platform. and 10 see whether
by such legislation It is not possible TO
avoid a few cases Of abuse that can he
cited against the federal courts In the eyer.
else Of their Jurisdiction.
Il do not think that the cause oF ur,or.
ism was greatly aided by the attempt 10
drag all organized labor into politics and
10 induce 1t to vote one way, but that does
not prevent my placing a proper estimate
upon the immense good for labor in gem
eral which its organization and its efforts
70 secure higher wages have accomplished.
1 KNOW there is an element among en-
ployefs OF labor and investors of capital
"hlch Is utterly opposed to the orRaniza-
tloh OF labor. l. cannot sympathize with
this element in the slightest desree 7
think 1t Is a wise course for laborers 10
unite to defend their interests. II is a
wise course for them to provide a Sund
oy which. should occasion arise ana strites
or lockouts follow, those who lose their
places may be supported pending an ad-
JustInent Of the difficulties. 1 think ma
employer who declines to deal with organ.
ized labor and to recognize 1t as a proner
DInEanH L. - -
oieHheh' III the settlement Of wage contro.
Verses Is behind the times. There is not
tue snghtest doubt that IL labor had re-
lASineu uhorganized wages would be very
much lower. 1t is true that in the end
they would probably be fixed bv the isw
OF supply and demand, but generally he
FORE this law manifests itself there is a
period in which labor, IL orRaniuaa ga
acting together, can compel the emplover
promptly to recognize the chRnpe oS corai-
lions and advance wages to meet a rising
market and an increase in profits. ana on
the other hand can delay the quick inn
pulse OF the employer facing a less pros
porous future to decrease wages.
Higher Standard of Livinn.
There is a higher standard Of ,,v,ra
among American laborers than IN anv
country In the world and while there have
doubtless been a gootf many other reasons
FOR this:s certainly the effect OF tbecarean-
ttation Of labor. has been 60 maintain a
steady and high rate Of wages making
saen; a standard Of living possible.
Nothing / have said or shall SAY sho,,A
be construed into an attitude OF crtt,o,.n
against or u-nfriendllness to those workIna
men who for any reason do not to,n
unions. Their right to labor for such wagss
as they choose to accept is secured ana
any lawless invasion of-that right eannot
be commended. All advantages az trsdSs
unionism, great as they are, cannot weigh
a feather in the scale against the right of
any man, lawfully seeking employment %
work for whom and at what price bs vii,
And 1 say this with all the empha sis nos
stbie even though the fact is that n
were a Workinsman / should probably
deem it wise to, join a union for the rea-
sons given. The effect OF organized labor
upon such abuses as the employment 90
child labor. the exposure Of laborers 10
undue risk In dangerous employments thS
continuing OF unjust rules OF law executing
employers from liability for accidents no
laborers' has been direct, immediate ana
useful, and such reforms in these mattars
as have taken place would probably he
- AOA liz GltIkEIl0 AR1IA-
ton OF the questions by the representa-
tiVes OF organized labor. OF course. when
organised labor permits itself TO sympa-
thize with violent methods. with breaches
OF the law, with boyootts and other meth
DDS OF undue duress. 1t Is not entitled TO
our sympathy. But II Is not to be expected
that such organizations shall be perfect
and that they may at times. and In par
tiniliar raaae ahany AaRiat..-a-
to be corrected.
Reform of Courts Needed,
our friends OF the great unions at times
complain Of our courts, more perhaps be-
cause of the decisions in Injunction cases
than for anything else. / have already re-
ferred to this particular phase OF litiga-
ton In which they have an interest, but
when the subject of courts is mentioned Il
suggests to me a larger chance for COM
plant In which all citizens are interested
and have a right TO be heard.
There IL no subject upon which I feel so
deeply - upon the necessity for reform
In the administration Of both civil and
criminal law. To sum 1t all up in one
phrase, the difficulty in both is undue de-
lay. II is not too much to say that the
administration OF criminal law in this ooun-
try Is a disgrace to our civilization and
that the prevalence Of crime and fraud,
which here Is greatly in excess Of that in
the European countries, is due largely to
the failure Of the law and it's administra-
tors to bring criminals to Justice. ! am
sure that this failure Is not due to corrup-
ton of officials. It Is not due to their
neglect or l~aziness, though Of course there
may be both in some cases; but It is chiefly
due TO the system against which It Is i'm
possible for an earnest prosecutor and an
efficient Judge TO struggle. We inherited
such system of criminal prosecutions and
the constitutional provisions for the pro-
lection OF the accused in his trial from
England and Its laws. We inherited from
It the jury trial. All these limitations and
the Jury system stiil are maintained in
England, but they have not interfered
with an effective prosecution OF criminals
and their punishment. There has not been
undue delay in English criminal courts.
In this country we have greatly altered
the relation OF the judge to the jury. In
England II. Judge controls the trial, con
trolls the lawyers, keeps them to relevant
and proper argument, aids the jury in its
consideration OF the facts. not by direction
49, - .,,--.sNH,u ~ ~ uu.- A., a..