The labor world. [volume] (Duluth, Minn.) 1896-current, 1909-02-13
uSuRP|NG OF POWERS
UNAUTHORIZED BY Law
Trial BY Injunction Revival Of
the Tyrannical Methods of
Barbaric Age.
INVASION OF FREE PRESS
DENIAL OF FREE SPEECH
Wrongs In Contravention Of
Rights Guaranteed by Our
Fundamental Law,

In the February Federationst Pres
ident Gompers so clearly defines his
position and that Of labor on the in
junction question. that we have taken
the liberty to borrow the following
excerpts therefrom:
FaIlacies Exposed.
If Justice Wright's construction Of
constitutional guarantees is to stand,
then to congress applies the only in
hibition Of the invasion of a free
press, free speech, free assemblage,
religious freedom, and the right of
petition. If this be true, what is
the logical result? Any or all author
tiles not directly named in the con-
stitution may deny or abridge these
rights. That is, that a judge may
do by injunction what congress is pro-
hibited from doing by legislation.
Labors Position.
We are in harmony with the spirit
Of liberty upon which our republic is
founded, when we assert our right
to worship God according to the die
tates Of our conscience, the right to
petition for a redress Of our griev-
ances, the right to speak and to print
our opinions-being responsible under
the law for what we write and speak,
pray and petition. These are inviol-
OH
the people of our country. The deci-
sion of Justice Wright illustrates the
iniquity of these contempt" proceed
lngs and their 1nharmony with the
spirit Of liberty and Of the consti-
tuition.
Cases Contrasted.
Let us consider the position Of
defendant who is charged with crime
as contrasted with the position of a
defendant who is charged with vio1at-
Ing an injunction. The man who is
charged with crime may have mur-
dered his own mother, he may have
strangled his own child, he may have
outraged the chastity Of a pure wom-
an; and yet this monster is under
the law entitled to the presumption
of innocence until he has by due pro-
cess Of law, been adjudged guilty.
He is guaranteed trial by an i'm
partial jury of his peers; if he believes
and states that the judge Of the
court IS prejudiced against him, he
venue and be tried before the Judge
of another court. Indeed, it is not un-
usual for a man Of this character to
hoy n hie, 4ri0 -.
than the one in which the crime was
committed; and even tough ne be
guilty Of the crime charged against
him, every extenuating circumstance
Is counted in his favor. If he is
without means the court will appoint
counsel to defend him. He must, in
the coure Of his trial, be confronted
10y his accusers, and upon them and
upon the state rests the burden Of
proving the charge against him.
The man who is charged with
violating an injunction may be and
often is peaceful. patriotic, law
abiding citizen whose life is devoted
to the amelioration of the condition
Of the weak and the helpless. On
the application Of some unfair COR
poration which is opressing it's en-
ployes, an injunction is issued re-
stra1ning this man from the perform
ance Of duties that ar not Of them
selves in violation of any constitu-
tiOnal or statutory law. This man is
charged with violating some provision
Of the injunction. He is ,thereunon
commanded to apeptar in court and
snow cause why he should not be
adjudged guilty and punished. Unlike
the murder who is presumed to he
innocent until he is proved guilty. this
defendant is presumed to be guilty
until he can prove his own inno-
cence. He is denied a trial by iurv
of his peers; ho is not confronted bv
his accusers; he can not secure q
change Of venue: he must be tried by
the judge whose dignity has been Of
Tended, or at the best by an associate
judge Of the same court; ne has no
protection against either the bias or
the animus of the court; he Is at
the mercy Of judge who may or
may not be disinterested, judicial. or
dignifed.
Says the law to the defendant:
"You are presumed to be innocent
UNTIL after fair and impartial trial
-Sou ak aoJuuseu guilty Dy jury OF
your fellow-citizens."
:. Says the injunction to the defend
ant: You are presumed to be guilty
until you can prove your own inno-
cence. You are commanded to ap-
pear before the offended court to show
cause why you should not be sent
to jail"
@N Labor's Determination.
,s The republic of Washington, Jeffer-
. son and Lincoln shall not perish from
the face Of the earth. Labor pro-
poses to hand 1t down, with its fun
damental principles Of liberty unim-
paired, aye, improved, to the unborn
generations of. valiant American
sovereigns.