The labor journal. [volume] (Everett, Wash.) 1909-1976, 1910-09-02
The INJUNCTION
Issuance In Labor Disputes Not
Based Upon Law.
DENIES TRIAL BY Jury.
Writ Intended For Protection of Prop
erty Rights Alone, Not to Curtail
Human Rishts-A Species of Ju
dicial usurpation.

truman hl9ntS-A species OF ~
dicial Usurpation.
In every respect in which the injunc-
ton is issued against the working peo-
pie. 1t is based upon the assumption
that there is some form of property
right which the employer or business
man has in the labor or the patronage
of workingmen, so as to make the con
duct of the business profitable. Upon
no other premise is it possible that the
injunctions about which labor COM
plains are obtained. If there be any
criminal or civil. there is an ample,
adequate remedy provided, and which
labor insists should be invoked.
The writ of injunction was intended
to be exercised for the protection of
property rights only. He who would
seek its aid in equity must do equity
and must come into court with clean
hands 1t must never be used to cur
tail personal rights. 1t must not be
used ever in an effort to punish crime.
There must be no other adequate
remedy at law. 1t must not be used
as a means to set aside trial by jury.
lniunctions as issued against work
men are never used or issued against
any other citizen of our country. 1t is
an attempt to deprive citizens of our
country, when these citizens are work
men, of the right Of trial by jury. 1t
is an effort to fasten an offense on
them when they are innocent of any
unla wful or illegal act. 1t Is an indi-
rect assertion of property right in
men when these men are workmen
engaged in a lawful effort to protect or
advance their natural rights.
Injunctions as issued in labor dis
putes are to make outlaws of men
when they are not even charged with
doing things In violation of any law of
state or nation. The injunctions which
the courts issue against labor are sup
posed by them to be good enough law
today, when there exists dispute
between workmen and their employ
ers; but it is not good lawn fact, Is
not law at all-tomorrow or next day
when no such labor dispute exists.
The issuance of injunctions In labor
disputes is not based upon law, but is
d species of judicial legislation, judicial
usurpation. in the interests of the
money power against workmen limo
cent of any unlawful or criminal act.
The doing of the lawful acts enjohed
by the courts renders the work men
guilty of contempt of court, and pun
ishable by fine or Imprisonment, or
both. In all things in which work
men are enjoined by the process of an
injunction during labor disputes if
those acts are criminal or unlawful,
there is now ample law and remedy
covering them. From the logic of this
there is no escape.
No act is legally a crime unless there
is a law designating it and specifying
it to be crime No act Is unlawful
unless there is a law on the statute
books designating and specifying it to
be unla wful. Hence, it follows that
no act Is criminal or unlawful unless
there is a law prohibiting its commits
sion. We assert that labor asks no
immunity for any of its men who may
be guilty Of any criminal or unlawful
act 1t insists upon the workers being
regarded and treated as equals before
the law with every other citizen; that
If any act be committed by any one of
our number, rendering him amenable
TO the law, he shall be prosecuted by
h., y,F In Nd !, ha
due process Of law. and that an in
junction does not lawfully and prop
erly apply and ought not to be issued
in such cases. The injunction process,
as applied to men engaged in dispute
with employers, includes the allegation
OF criminal or unlawful acts, as a mere
pretext, so that the lawful and limo
cent acts in themselves may also be
incorporated and covered by the
bankrt injunction. And the perform
aDce Of the lawful and innocent acts
in themselves, despite the injunction,
renders them at once guilty of con
tempt Of the courts order
Labor protests against the issuance
of injunctions in disputes between
workmen and employers where no
such injunctions would be issued in
the absence Of such disputes. Such
injuuctions have no warrant In law
and are the result of judicial usurpa-
ton and judicial legislation rather
than Of congressional legislation. Labor
protests against the discrimination Of
the courts against the laboring men OF
our country which depTives them Of
their constitutional guaranty OF equal
ity before the law. The injunctions
against which we protest are fragrant
ly and without warrant Of law issued
almost daily in some section Of our
country and are viOlatiye Of the funda-
mental rights OF man. When better
understood they will shock the con
science Of our people. the spirit and
genius OF our republic. We shall ex-
ercise our every right, and in the
meantime concentrate our efforts to
secure the relief and the redress to
which we are so justly entitled. Not
only in our own interest. but in the
interest of all the people Of our coun-
try. for the preservation of real liberty
for the elimination OF bitterness and
class hatred. for the perpetuatiou OF
all that is best and truest. we can
never rest until the last vestige Of this
injustice has been removed from our
public life Samuel Gompers In Amer
lean Federationist.