Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-24
INJUNCTION PLANK
IS COLBY'S THEME
Restraining Orders Have After
Effect, Like Morphine, He
Tells Railroaders.

TRENTON. Oct. 24.-Much encour-
aged by the success of his second trip
through South Jersey. Everett Colby,
the Progressive candidate for gov
ernor, started a days work at Yard
vile this morning, talking tC a num-
Der of railroad employees and other
workingmen. He selected the planks
Of the platform dealing with the
working classes and laid stress upon
the multiplication plank. Mr. Colby
said in part:
II am particularly interested in the
plank in the Progressive platform
dealing with industrial disputes and
especially in that portion Of it that
declares against the issuance of an
injunction in trade disputes without
hearing on notice. This plank was
inserted at my request with the OBJ
footing with capital in trade dis
putes and for the purpose of restoring
confidence in the administration of
justice among the laboring men.
Corrupt Alliance Real Danger.
ITO my mind the growing discon-
tent with our courts is n very real
danger and is not due to the char
acter of our judges. but TO politicians
IN corrupt alliance with special privi-
lege. who prevent corrections being
made in our judicial procedure TO
meet the rapid change in our social
and industrial life. / say the trouble
Ia not with our judges and I believe
this 10 bs so. During the years when
was in the Legislature. I would
rather have taken my bills for social
justice before the Court of Errors and
Appeals than before either the Cen
eral Assembly or Senate, for they
would have received a more sympa-
thetic hearing. The fact, however.
remains that this feeling exists and
everything possible should be done to
remove the causes. One of these
causes is the feeling among working
men that injunctions are frequently
issued in trade disputes without the
support of sufficient evidence to war
rant the belief that irreparable in
Jury to property is about 10 be done.
This feeling. in my opinion, is justI-
fed
"The courts are too apt to sympa =
thize with the need for the protection
of property and forget the need for
the protection of the rights of labor to
use all means and agencies to render
a strike effective, which are not in
themselves unlawful"
Mr.. Colby described how the Court
of Chancery derived it's power of issu-
ing injunctions from England and
traced the practise from the time
kings delegated to their chancellors
the kngly duty of dispensing justice,
when they did not wish to be kept
from the hunt and chase.
Injunction Like Morphine.
"Injunctions are not, as rule,
added Mr.. Colby. Issued because the
remedy at law is not adequate, but be-
cause of the supineness and cowardice
of officials whose duty it Is to protect
property. 1t is said that injunctions
in trade disputes are necessary before
any violence is done, but it is no justi-
fication for an Injunction that it is
granted in the interest of law and or
der if it tends to create a disrespect
for law and encourage disorder
Granting an Injunction is like giving
morphine TO an individual. 1t relieves
present pain at the expense of future
misery. What we want is a sound
policy that does absolute justice tc
both sides.
This the Progressive party pro-
poses to bring about by prohibiting
the issuance of the restraining order
or Injunction without hearing on no
tice and then only upon the certificate
or testimony of the chief executive
officer of the municipality that he is
or will be unable to protect the prop
erty claimed 10 be threatened"
Mr.. Colby is scheduled to address
fourteen meetings, all of them in Mer
Ger county, winding up with the
speech in the Y. NJ. G.. A. quarters il
Trenton tonight