The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-10-31

OF the District. that acts ~ publication
py the defendants which Violated
parts OF the lower courts decree ex-
ceeoing its constitutional pewers were
not causes for legal Penalties He
quoted Justice Miller. az the United
states Supreme Court as deciding that
u decree Furnishing a man for ron
tempt OF court becaus. he refused TO
comply with an order which he court
had no authority 10 make. was void.
Sow. organized labor men have earn
ed that in in1unctons issUed against
them there may be, not only quite i
list Of acts forbidden them ahISh
We're already illegal and which they
had no intention Of committing but
also q number o. acts which they are
~conhaent a reviewing court ~tlf de-
clare legal. which. indeed. courts have
repeatedly a. legal. and is
such case the labor men stand nrm.y
on their rights as they know them.
and 10 that extent, driven Ia an eN-
UeTnlty, they may dlsobe\ Il courts
orders. When A labor official. defend
ing as in duty bound the rights ~ the
TENDERS or his organization as cfti-
zens. makes the declaration that if a
court should enloin him from doing
something he had i legal. cnnstitu-
tional. and moral right 10 do. he
would violate the injunction. ne is
actually UNFOLDING the Law and show
ing his regard FOR What is to be the
final action Of the higher courts.
When he declares before the country
that he Will utter his deliberate and
conscientious thought. hrough speech
or IN print, he is positive he Is within
his constitutional right. He has legal
r opinions in fortifying number - the
erect that no court can forbid"hiS ut
8 MiTCHELI-THREE
, tering his thoughts. though naturally
/, he expects to abide by the c~onSeQaen-
r ces of his speaking or publishing III
Sc doing. He pits his conception OF a
o fundamental Sociai principle against
i that of the lower courts. confident
r that the judgment OF the higher courts
4 and certain that the judgment OF time,
will be on his side.
Organized labor asks this country
= today to Law down the limitations OF
the courts in the matter of injunrtions
in labor disputes. II wishes t. know
where it stands with regard to points
!, continually coming up in judicial IN
:, functions. 1t wants TO get rid Of tho
burden of going up again and again 10
:, the higher courts to have }nhibltions
eliminated from injunctions that have
- been repeatedly adjudged as beyond
=, the powers Of courts to issue. Labor
- officials nowadays on reading a fresn
- injunction. probably drawn up by an
- employers attorney and merely signed
= by the Judge. can themselves blue
=, pencil off the clauses which a higher
:. court will declare null and old. But
:. meantime. during a formal hearing o.
- appeal. labor will have lost its rightfu
position in the impending dispute. IL
y. opponents Will have enjoyed the I'm
IL fair advantage of using a court a.
their aid. TO organized labor, tn
imperfections in court work, only
IA some of which have been referred to
-, form a greater obstacle 10 reathlnt
y industrial peace than the strength O
ne the unions opponent IN disputes !
II the employers defeat a strike, the m
q ion sees the cause of its setback 10 o.
IT. in the labor market or III lts>oWn de
DIS fects, or other obvious cause Nhicf
.er time may remedy. Bat If tie court
IN defeat a strike, the employers 5aii
We only a respite and both the empioye-
IN engaged and their felloW-uni"nists ar
II are embittered. Eventually they be
zee come stronger IN un1onlsm, iess dls
posed to friendly overtnres, and oftei
se- they turn their attention manly I
is forms of radical relief.
Usually labor obeys injunctions. ,
ich forty-six issued IN Massachusetts =
IN eleven years in labor cases, IN mn
ent instances only was there diSobedienct
a and in only one Of these by person
$. named in the injunction. But this
in not the point on which pertinent al
are gument today turns. II Is only SIN
be 1890 that courts in equity nave y
means of injunctions been 80 CT
c~roaching on heretofore recognize
ge- rights of labor that the necessity ma
no. arisen to make clear the rightiAl IN
To its OF the powers or fHdgtS SO d'4iiil
e. Contemporaneously with agitation an
bly, injury in this respect, ntneT leg
in disuuaIifications Of labor in the Uni
rn- cd States have perforce engaged III
18th attention and enlisted the reforn1atol
uld efforts Of organized worknen. 1ol
ETY., seouently the wage-earners are II
.ers gently asking questions OF ne coGr
.uf- and the law-giVers. II Great Brfta
m can go arrange that trade union 4Ii4'
AIRY are protected from iegalized raids
ere consequence Of labor disputes.
tain seems reasonable 10 look for simit
protection In our country - - :
ntal ing during a lockout or = slrLhs
ion. as Legal ~ the
ntly states Supreme court. II misH1
! IN ,ro,,ds FIR prohibiting a city cOun'