The Barre daily times. (Barre, Vt.) 1897-1959, 1909-01-27
Strikes OF Foundation Of Good
Government.
PUTS DOLLAR ABOVE MAN
Based on Old Justianian Code That Law
Is For Purpose Of Protecting Prop
erty--Saxons Recognized Rights
. of the Individual.


junction" derives its chief Importance
because 1t is really struggle between
the Justinian code and the old Saxon
common law, writes II. u. Baldwin in
| American Federationist. At first sight
It does not appear to the unthinking
TO be Of much importance what writ
issues from the court. Why should we
regard the writ OF habeas corpus as
the foundation of our liberty and the
writ Of injunction, when applied TO la
Dor disputes, as tyrannical, unjust and
unfair?
The answer to this lies In the differ
ence between the old Roman law as
exempllfied in the Justinian code and
the Saxon law, which is based upon
the right Of the individual. The JUS
tinian law holds that legal processes Of
society are for the protection of prop
srty.
Its workings can be seen in the pres
emit labor difficulties. A man comes
into court with bin against corpo-
ration. If the corporation is unable to
pay the Judge forthwith appoints re-
ceiver, throws the management out Of
their positions, sHspends the payment
OF interest ON their obligations and in
structs the receiver to manage the
property with the sole idea of paying
the debt. The old Justlnian code holds
that law IL for the protection Of prop
erty and primarily for the protection Of
the creditors. The law was for the
protection Of the creditors, and when a
Judge appoints receiver over corpo-
ration he is simply enforcing the old
Justinian rule.
But when an employee Of this same
corporation finds that the earnings OF
the. company are taken to pay divi-
dends on watered stock. that bis wages
are remorselessly cut down, that be is
not allowed any voice in the manage
ment and his protests are UNDECIDED and
he goes into court the judge tells him
that he has no remedy In law. The
workingman must therefore fall back
upon the old Saxon method of trial by
bsttle-that is, he must strike. Now,
no .workingman wants to strike. It
means to him enormous loss, some
times failure, change Of position, and
even II he be successful he is looked
upon by capital as disturber. But he
is forced TO do 1t by the action Of the
court IN refusing to listen to any COM
plant when wrong is done an indi-
viduai.
The Justinian law protects property. I
while the Saxon law recognizes the
right OF the individual to protect him
self. New the corporations are en-.
to apply the Justinian law
to strikes They want the court to fs-
sue injunctions against labor resorting
to trial by battle on the ground that
It fl the duty Of the court to protect
property.
What labor demands is that Ii shall
be put upon the same basis with prop
erty. If the management Deliberately
iefrauds Its employees, Expresses
them. the individuals ought to have
the same right Of legal process that
would be given them If the road owed
them money. This is plain common
sense This is the old Saxon law, "
and this is the reason why there Is
such violent opposition to government
by Injunction. II is an effort to put
he dollar above the man, and in the
md 1t reduces the worker to condi-
ION of slavery. When we neglect this
plain and sensible principle we strike
It the very foundation of good govern
nent N
For the effort OF organized society
must be in the last analysis the ele~ /
ration of the common man. The {
weakest child that plays in the gut
ers OF our great cities has a right to
demand pure food, pure air, pure /
water and the development of all the
aculties the Almighty has given him. |
md II organized society fails to listen !
o his plea 1t win suffer the penalty. /
We are beginning to see that 1t fs !
he duty of organized society to pro- /
ect the individual; that when a state :
eases to produce men decay sets In. I
The application Of the Justinian code ,
hus produces in modern society just ,
What 1t did in ancient Rome. In put z
Ing the dollar above the man 1t ex- :
erminates the man. 4
These are facts that lie at the foun- !
alton Of good government. Ii the In i
ividual is forced by the construction I
( the law by the court to fall back I
pom the old Saxon trial by battle he
houId be allowed an opportunity to a
AIRY his fight to its logical conclusion. r
his will teach organized society that +
must listen to his complaint and give '
I'm legal remedy. If capital has the Il
Ight to appoint a receiver when the y
orporation violates ifs obligations I
thor ought to have the same right. a
his would go far toward stopping the O
suing of watered stock and overload .
lg eur railroads and the corporations \
18th obligations for the benefit of the +
riyileged few II the first earnings o
the road should go toward labor and
ward the protection of the public in n
eeping up the rolling stock the divi. a
ends on the bogus stock would soon
e SO small that the stock would be :
1t VIII thus be seen that government
' Injunction Is net mere question in
"a ffHarono, - v.-~lf 49, a -4..zt-- -. /