The wageworker. (Lincoln, Neb.) 1904-????, 1910-08-12
THE INJUNCTION
Issuance In Labor Disputes Not
Based Upon Law.
DENIES TRIAL BY JURY.

Writ Intended For Protection of Prop
srty Rights Alone. Not to Curtail
Human Rishts-A Species Of Ju-
dieial Usurpation.
In every respect in which the injunc-
tion Is issued against the working peo-
Pile. II is based upon the assumption
that there is some form of property
right which the employer or business
man has 10 the labor or the patronage
Of workingmen. so as to make the con-
Iuct OF the business profitable. Upon
no other premise Is 1t possible that the
injunctions about which labor com-
plains are obtained. If there be any
allegation of violation Of law. either
criminal or civil. there is an ample.
adequate remedy provided. and which
labor insists should be invoked.
The writ OF injunction was intended
property rights only. He who would
seek It's aid in equity must do equity
aud must come into court with clean
hands Ii must never be used to cur
tail personal rights. 1t must not be
used ever 10 an effort to punish crime.
There must be no other adequate
remedy at law. 1t must not be used
as means to set aside trial by jury.
lnjunctions 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
unia 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.
lnJunctions us 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 1t 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
a 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 enjoined
by the courts renders the workmen
guilty of contempt of court. and pun
ishable by fine or Imprisonment. or
both. ln all things In which work.
men are enjoined by the process of an
injunctiOn during labor disputes If
those acts are criminal or unia wful.
there Is now ample law and remedy
covering them. From the logic of this
there Ii no escape.
No act Is legally a crime unless there
IL u law designating 1t and specifying
1t to be crime. No act Is unlawful
unless there Is law ON the statute
books designating aud specifying it to
be unlawful. Hence, 1t follows that
NO act Is criminal or unlawful unless
there Is q 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 unla wful
act. Ii insists upon the workers being
regarded and treated as equals before
the law with every other citizen: that
II any act be committed by any one of
our number. rendering him amenable
to the law. he shall be prosecuted by
the ordinary forms of law and by the
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.
~ applied to men engaged in dispute
with employers. includes the allegation
Of criminal or unlawful acts. as mere
preteSt. so that the lawful and inno-
cent acts in themselves may also be
Incorporated and covered by the
blanket injunction. And the perform
aDce of the lawful and innocent acts
in themselves, despite the injunction.
renders them ut once guilty of con-
tempt of the courts order.
Labor protests against the issuance
OF injunctions in disputes between
workmep and employers where no
such injunctions would be issued in
u
injunctions 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 deprives them OF
their constitutional guaranty of equal
nv before the law. The injunctions
against which we protest are fragrant
~ and without warrant of law issuet
almost daily in some section of oul
country and are violative Of the funda
mental rights of man. When better
understood they will shock the con
science of our people. the spirit ant
genius of our republic. We shall ex
ercise our every right, and in tn
meantime concentrate our efforts t.
Sccure rho relief and the redress Il