United labor bulletin., 1910-01-07
THE PRESIDENT ON lNJuNcrlons.
CBy Samuel Gompers.)

(By Samuel GOmpers.)
President Taft, in his first annual mes
sage to congress, makes reference to
many interesting topics. The one chiefly
relating to labor is a recommendation
for law providing that no injunction
shall be issued without previous notice,
unless it shall appear to the satisfaction
of the court that the delay would result
in "irreparable injury to the complain
ant After quoting the plank on the sub
ject his party adopted in the last cam
paign, the president says:
81 recommended thai, in compliance
with the promise thus made, appropriate
legislation be adopted The ends of JUS
tice will best be met and the chief cause
of complaint against ill-considered in
functions without notice will be removed
by the enactment of statute forbiddng
hereafter the issuing of any injunction
or restraining order. whether temporary
or permanent by any federal court, with
out previous notice and reasonable op-
portunity to be heard on behalf of the
parties to be enjoined; unless it shall ap-
pear to the satisfaction of the court that
the delay necessary 10 give such notice
and hearing would result in irreparable
injury to the complainant. and unless
also the court shall from the evidence
make a written finding which shall be
spread upon the court minutes, that i'm
mediate and irreparable injury is likely
to ensue to the complainant, and shall
define the injury, state why it is ire
parable, and shall also indorse on the
order issued the date and the hour of
the issuance of the order
Moreover, every such injunction or
restraining order issued without previous
notice and opportunity by the defendant
to be heard should BY force of the stat
ute expire and be of no effect after seven
days from the issuance thereof or within
any time less than that period which the
court may fix, unless within such seven
days of such less period the injunction
or order is extended or renewed after
previous notice and opportunity to be
heard.
My Judgment is that the passage of
such an act, which really embodies the
the rule now in force in some courts,
will prevent the Issuing of ill-advised
orders of injunction without notice, and
will render such orders when issued much
less Objectionable by the short time in
which they may remain effective"
OF course. every expression of opinion
OF the president is entitled to respectful
and thoughtful consideration; when that
utterance is officially communicated to
congress with recommendation for its
enactment into law it becomes of still
greater importance. The presidents
recommendation should be read and re-
read, each thought very carefully
weighed in relation to the other. and the
test of fact and experience applied
thereto.
For instance. OF what practical use
would the enactment of a law based up
on the presidents recommendation
prove? What tangible reform or relief
would be achieved? There has not been
an injunction granted by any of the
courts, federal or state. but that was
based on the compainant's allegation to
the courts satisfaction" that unless the
injunction was granted 'irreparable in
jury would follow
Take the case OF the Bucks Stove and
Range Company against the American
Federation of Labor, its officers, its af-
filiated organizations. their two million
members. and friends. That company,
in it's petition for the injunction. alleged
that unless the writ was granted it
would suffer "irreparable injury" That
company sought and obtained its injunc-
ton from Justice Gould after notice"
and hearing" and vet the outrageous
speech and free press was issued. under
which three American citizens were SEN
fenced to long terms of Imprisonment.
II is true that the court of appeals later
modified the terms Of the injunction, but
the same court held that no matter what
the original and unmodified injunction
forbade Mitchell Morrison and Gompers
were compelled to obey.
Justice Wright declared that he placed
the matter at bar distinctly on the prop
osition that were the order confessedly
erroneous yet it must have been
obeyed." The Court of Appeals of the
District of Columbia, in affirming Judge
Wright's decision and sentence declared
that "the decree became final and bind
ing Judgment against the defendants un-
til reversed or modified on appeal" 1t
is not the contention that in the case
which we are discussing the matters in
volved We're erroneous" confessedly or
otherwise. but that the injunction of JUS
tice Gould was without warrant. author.
ity or jurisdiction in that it invaded and
denied the constitutionally guaranteed
rights of free speech and free press, and