United labor bulletin., 1911-01-05

the Federal court Judge Taft long ago
for the abuse and perversion OF the inJ
junction while judge, he defended It du
inaugural address, in his speeches at
year, and again in his message to the P
sage under the caption "Injunction Bill
4 wish to renew my urgent recon-
mendation made in my last annual mes
sage in favor of the passage of law
which shall regulate the issuing of in
functions in equity without notice in ac-
cordance with the best practice now in
vogue in the courts of the United States
l regard this of especial Importance, first
because it has been promised, and sec
ond because it will deprive those who
now complain of certain alleged abuses
in the improper issuing of injunctions
without notice of any real ground for
further amendment and will take away
all semblance of support for the extreme
ly radical legislation they propose. which
will be most pernicious If adopted, will
sap the foundations of judicial power and
legalize that cruel social instrument, the
secondary boycott"
The Moon bill is the one President
Taft recommends for enactment 1t IS
known as the administration bill and
provides for notice where no "irreparable
injury" is alleged. OF course any one
knows that every petition for an injunc-
ton alleges ''irreparable injury
But attention is called to the reasons
given by the president for the passage
of the Moon bill. He says it is in ac-
cordance with the best practice now in
vogue in the courts of the United
Statesr Is it? Let us see- Notice"
was given in the injunction issued by
Justice. Gould against the officers of the
American Federation of Labor and under
which three of them have jail sentences
hanging over them of twelve, nine and
six months. Did the notice that great
wrong was about to be inflicted minimize
the wrong or the injury?
The fact of the matter is that the bill
the enactment of which the president
,rectify one jot of the injunction abuse
and perversion. Its enactment would
simply have this one effect. IL would le-
galize and give statutory authority for
the issuance of these injunctions. 1t
would put on the statute books in the
form of a law what is now simply judi
cial invasion. court-made law.
The president knows that even if his
Moon bill were enacted into law Gf that
were posSible) it would not deprive those
of complaining who now complain OF
abuses in the improper issuing of in
functions He knows. or ought to know.
that so long as a writ of injunction is
issued against the men of labor, when no
such writ would be issued against citi-
zens in any other walk of life-while
such injunctions are issued against labor
men when engaged in a dispute with an
employer, when they would not De issued
If no such dispute existed. We repeat
he knows or ought to know. that labor
will not only complain. but will insist
and finally secure the right to which they
are justly entitled, equality before the
law with all other citizens.
Stigmatizing legislation as extremely
radical or denouncing the boycott pri-
mary or secondary" as a cruel social
instrument" proves nothing beyond the
use of empty and inapplicable phrases.
The legislation which labor seeks is re-
lief from gross injustice by which the
workers are singled out and judicial
authority is ever attempted in conse-
quence of the exercise of these self-same
activities of citizens in other walks of
life. And as we have already said. not
even in the case of the working people
is such application made unless they are
engaged in a dispute with employers re-
garding wages, hours of labor. conditions
of employment. or the relation of the
workers in the bestowal of their patron
age. The extremely radical legislation"
which. according to the president, will
be most "pernicious, is all contained in
resentatives by Congressman " llson OF
Pennsylvania Oh. r. 251SS). and is as
follows:
"A bill to regulate the issuance of re-
straining orders and injunctions and pro
cedure thereon and to limit the meaning
of conspiracy in certain cases.
BE it enacted by the Senate and
House of Representatives of the United
States of America in Congress assem-
blpd That mn reSfrainipr rrx3ar lr
junction shall be granted by any court OF
the United States. or a judge or the
judges thereof. in any case between an
employer and employe, or between EN-
ployers and employees. or between EN-
ployes, or between persons employed and
persons seeking employment. or involv-
ing or growing out of dispute concern
ing terms or conditions of employment.
unless necessary to prevent irreparabie
injury TO property or to a property right
of the party making the application for
which injury there is no adequate rem
edy at law: and such property and prop
erty right must be particularly described
in the application. which must be in writ.
ing and sworn to by the applicant or By
his. her or its agent or attorney And
for the purposes OF this act no right to
continue the relation of employer and
employe. or TO assume or create such re-
lation with any particular person or per
sons. or at all. or to carry on Business OF
any particular kind or at any particular
place. or at all. shall be construed. held.
considered or treated as property or as
constituting a property right
Sec. 2. That in cases arising In the
courts of the United States or coming
before said courts. or before any judge or
the JUDGES thereof no agreement be-
tween two or more persons concerning
the terms or conditions of EMPLOYMENT.
or the assumption or creation or termina-
lion Of any relation between employer
end employe. or concerning any act or