The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1909-10-21
Discussed by@Silver Ton
Sued Sam" MOnt2or1-
cry on Wednesday
Night.
Most Able and Eloquent
Plea for Freedom of
Speech and Press Ever
Delivered in West Vir-
Sinia.

Hon. Samuel b. Montgomery delivered
one of the best addresses ever heard in
Charleston before the delegates to the
West Virginia State Federation of Labor
Convention and the trade unionists of
Charleston at n mass meeting in Odd Eel
lows Temple Wednesday night fol
lowing is his speech in part:
Mr.. President and Gentlemen:
Your declaration of principles cover q
broad field of progressive endeavor; we
are moving with such great rapidity that
it becomes necessary for the leaders of
thought in all industrial and civic bodies
to study over a large and widening scope,
one that challenges their best intellect in
order that the greatest good may be OBJ.
tanned for men who toll diligently, honest.
ly and intelligcntly.
1t is best to concentrate your forces
and make most determined stand for
that Interpretation of the law that was
known of and understood by our fathers
1t is a blessed thing that in every age
men have had the grit to have their say
and the courage to stand by their convic-
tions. The trouble with some people is
that they bow to what they call ''author-
ity'' without questioning the source from
which the power to assert authority is
derived. How lucky it is for us all that
some men refuse to obey before question
ing the source of the power to command.
Universal obedience without question
means universal stagnation without ques-
tion and this is just what we want to
avoid. Take the construction of the
courts upon any question of preponder
ating Importance Overshadowing n great
many other questions of much less mo-
ment, involving property rights of great
value; the Courts seldom agree and the
rights of the litigants is never settled
until the court of last resort has passed
upon every vital phase of the question
in controversy.
That the power to issue injunctions ex
partc has given rise to certain abuses and
injustice to laborcrs engaged in a peace
able strike will not be disputed by any
fair-minded man. All good citizens re
spect the authority of the courts in
deed they try to hold the courts mandate
inviolate, but all good citizens do not
know the law; do not know when they are
violating it, and do not know when the
officer of the court is violating it
"Mcn leave employment on a strike
Counsel for the employer applies to a
judge and presents an affidavit avering
fear of threatened violence. and making
such "A ease on the eXpartc statement that
the judge feels called upon to issue a
temporary restraining order. The tenn
porary order is served on all strikers
They are not lawyers. Their fears are
aroused by the process with which they
are not acquainted. and though their pur-
pose may have been entirely lawful, their
the strike is weakened by an order which
they have never had an opportunity to
question and which is calculated to dis
courage their proceeding in their original
purpose. To avoid this injustice =
the federal statute might well be made
what it was originally. requiring notice
and n hearing before an injunction issues
1t would seem that it was unnecessary
to impose any limitation as to the time
for a final hearing if. before an iniunc
tion can issue at all, notice and hearing
must be given. Should the power of is
suing ex partc iniunctions be retained
in the court the statues should REQUIRE n
court issuing ex partc Injunction to
give the person against whom the iniunc
ton was issued, an opportunity to have
hearing thereon within a very short
space of time, not to exceed = =" three
or four days
y few weeks ago it was announced in
the press that Judge Dayton of the
Northern District Federal Court. handed
down most important decision. which. if
sustained, would vitally affect the right
of the labor union. AS usual in sucb