The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-08-26
ABUsEoF The WRIT
Man Must Be Allowed to Own
Himself.
HISTORY or THE INJUNCTION.

lawyer. philosopher. or what not, who
Is better equipped mentally or through
wide experience to discuss the question
OF the abuse Of the injunctve power
than is Andrew Furuseth. Andrew
Furuscth is president Of the Interna.
tional Seamen's Union and is rated to
! be IN eminent authority on all matters
pertaining to maritime law, not only
as it effects labor in general, but all
other relating questions. He has
general knowledge and deep interest
In the great movement of labor as n
whole In 1906. before the committee
on judiciary of the house Of represent
atives. Mr. Furuseth made use of the
following language:
Let is be clear In the minds of this
committee and Of congress that labor,
organized and unorganized. does not ask
for the destruction Of the injunction as
1t rightly applies to the protection Of
property. We do protest against, and
resent the peryersion of the equity
power. glaring examples of which you
have here in your records. You seek
our reasons for asking legislation to
restrain judicial abuses Of the equity
power In labor disputes. am COM
missioned by laboring men to present
some of their reasons. We feel strong
ly on this question. You have had 1t
under consideration for years, and be-
fore this committee makes its recon-
mendations to the house want to
make suggestions which | believe will
60 to the bottom of this subject.
THE one man power to enjoin, to
forbid, to legislate, except as used by
the fathers. was. we think, first con-
ferred upon the Roman tribunes, elect
ed for one year, to be used to protect
the plebeians against the patricians.
This power was absolute and irrespon-
sible
Under the name Of equity this abso-
lutte power was adopted into our sys-
TEN. but only in the form and for the
purpose then used in England. 1t was
conferred upon our federal judges,
who are appointed for life. We suf-
fer under the misuse Of this power.
We believe it has been unduly extend
ed. We come to you to submit our
and it Is not that the judges
have not power enough, but that they
are exercising powers which we be-
lieve they have not. We fear this pow
err; we feel Its results. From what we
have seen we believe it capable OF in
finite extension when permitted to go
beyond the boundary set Mt its adop-
ton into our system"
After referring to the terrible condl-
tons which existed in England prior
to the time the trade union acts were
passed Mr.. Furuseth said:
1.-THE political, social and industrial
conditions of the United States have
throughout been patterned upon those
Of England. We copied from England
the common law, our system of juris-
prudence. with the bin of rights and
The powers Of the judges. Our indus
trial system is taken from England
md has followed the English lines in
ts development. Here, as In England,
men quit work as individuals, but
found the quitting Intellectual. Here,
IS there. they came together In volun-
airy associations and quit work in uni
ION until their grievances should be
'edressed and In doing so found them
'elves violating statutes or judicial de-
'isions designed purely to keep labor
heap
Constant agitation. repeated viola
ions and punishment gradually mold
ID public opinion that compelled
lnal recognition OF mems right to quit
york collecdvely-to strike Statutes
nd decisions treating the strike as
conspiracy were repealed or became
obsolete. Men who had struck en-
TO persuade fellow workmen
lot to take their places-this in order
o compel an adjustment of the trouble
and when adjustment did not follow,
ppeals were made TO the public to
ease giving patronage to the unfair
is. they levied boycott on
he firm In question. Thus the two
1ain weapons of organized labor came
1to use. aud as they grew old and
lore systematic they became so effec-
I've that the employer was looking for
ONE remedy. and from out of the
mber room Of the past came the In
lncton as 1t was when most abused
the court OF star chamber-that is,
came as proclamation by the court
)rbidding the workers to perform
,me specified or inspected acts Of
mich the employer complained, on
ain OF being punished for contempt
court This seems to be what the
junction Is nowadays, when used in
Dor disputes.
..
There was a time when the court OF
ar chamber was used In England as
'r courts are now baing used, to for
q the doing and then punish dis
'edience without trial by jury In any
Id every direction. Personal liberty
az at the within and caprice Of this
urt. but the English people would
t long tolerate any such use of royal
wer The people abolished the court
star chamber and compelled the
ng to sign the, bill Of rights It be-
me the fundamental principles of
ancery. or equity. that ,sEE
'First.--It was to be- exercised for
Q protection OF properly rights only.
'second--He who would seek its