The labor journal. [volume] (Everett, Wash.) 1909-1976, 1911-08-25

CONSTITUTION.
There is no individual, be he student
lawyer, philosopher, or what not, who
is better equipped mentally or through
wide experience to discuss the question
of the abuse of the injunctive power
than is Andrew Furuseth. Andrew
Furuseth is president Of the Interna
tional Seamen's union and is rated tC
be an eminent authority on all matters
pertaining to maritime law, not only
as it effects labor in general, but all
other relating questions. He has a
general knowledge and a deep interest
in the great movement of labor as a
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 asl;
for the destruction of the injunction as
1t rightly applies to the protection of
property. We do protest against, and
resent the perversion 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 it
under consideration for years, and be-
fore this committee makes its recon-
to the l. :. | want to
make suggestions viii believe will
go to the bottom of tt -abject.
1.-The one man powe. TO enjoin, to
forbid, to legislate, eSo'~-t as used by
the fathers, was, we think, first con-
ferTed 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-
tenn, 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-
'er under the misuse of this power.
We believe it has been unduly extend
ID. We come to you to submit our
and it is not that the judges
lave not power enough, but that they
ire exercising powers which we be-
ieve they have not. We fear this pow
.r; we feel its results. From what we
nave seen we believe it capable of in
mite extension when permitted to go
beyond the boundary set at its adop
ton into our system"
After referring to the terrible condi-
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
been patterned upon those
Of England. We copied from England
the common law, our system of juriS-
prudence. with the bill of rights and
the powers of the judges. Our indus
trial system is taken from England
and has followed the English lines in
Its development. Here, as in England.
found the quitting Intellectual. Here,
as there, they came together in volun-
tary associations and quit work in uni
son until their grievances should be
redressed and in doing so found them
selves violating statutes or judicial de-
cisions designed purely to keep labor
cheap.
Constant agitation, repeated viola
lions and punishment gradually mold
ed public opinion that compelled
final recognition of mems right to quit
work collectively-to strike. Statutes
and decisions treating the strike as
were repealed or became
obsolete. Men who had struck en-
1eavOred to persuade fellow workmen
not to take their places-this in order
10 compel an adjustment of the trouble
and when adjustment did not follow,
appeals were made to the public to
tease giving patronage to the unfair
irm-that is, they levied a boycott on
The firm in question. Thus the two
main weapons of organized labor came
INTO use, and as they grew old and
more systematic they became so effec
i've that the employer was looking for
some remedy, and from out of the
lumber room of the past came the in
junction as 1t was when most abused
1y the court of star chamber-that is,
t came as a proclamation by the court
the workers to perform
some specified or unspecified acts of
which the employer complained, on
pain Of being punished for contempt
If court. This seems to be what the
Injunction is nowadays, when used in
abor disputes.
'"There was a time when the court of
'tar chamber was used in England as
our courts are now being used, to for
Did the doing and then punish dis
obedience without trial by jury in any
md every direction. Personal liberty
was at the within and caprice of this
court. but the English people would
not long tolerate any such use Of royal
power. The people abolished the court
IF star chamber and compelled the
King TO sign the bill Of rights. 1t be-
.ame the fundamental principles Of
,hancery, or equity. that
"First--It was to be exercised for
he protection of property rights only.
'Second.-He who would seek its
lid must come with clean hands.
'Third.-There must be no adequate
remedy at law.