The labor advocate. [volume] (Cincinnati, Ohio) 1912-1937, 1916-10-21
LIMIT INJUNCTIONS
AND REFORM JUDGES


The fight of the trade union move
ment to remedy the abuse OF the writ
of injunction is part OF the larger fight
to which they are contributing-thc hu-
manzation OF the courts and OF Justice
and the proper coordination OF courts
with other governmental agencies
The courts of our country have
sought to control the whole govern
mcnt. Not few who have examined
our national institutions carefully and
impartially have declared that the
United States Supreme Court is an in
stituton without parallel in any coun-
try and dominates the whole govern
ment. That was not the purpose OF
those who instituted our republican
government, but it has been the result
carefully built up their power and now
who would dispute it.
Courts have no divine right OF exist
ence nor any divine right to exercise
specific function. Whatever power
courts may have is power that has been
delegated to-them by the people. The
way the people express their desire as
government is through constitution and
legislation enacted by their representa-
tives and occasionally declared by
themselves.
This demonstrates wcll-known gov
crnmental phenomenon-every govern
mental agency always seeks to extend
its authority and scope OF action, and
when it has made any extension. even
|, -, J,t IL
that extended function as right
Time and time again has it been
necessary to struggle against tyranny
and despotism on the part OF agents OF
justice and to bring about reforms in
the judiciary. Such a struggle was
made back in England in the time OF the
Stewards, and further back in the time
OF King Alfred, who attempted to re-
form the judiciary. 1t is recorded that
Judges in his day who would not con-
form to the regulations and the new
concepts established for their guidance
were duly punished for their lack gi
understandings The Judges OF the
present day will have to conform with
new concepts OF human freedom or
they, too, will have to learn their les
son.
Unremitting and vicious are the at
tempts OF employers to defeat the Ell
forts OF wage-earners and to disrupt
the organized labor movement. They
have tried, through injunctions, to keep
the workers powerless, forbidding them
to do anything that might give them
greater freedom or better conditions
/ Of life and work. .., V. .... u-.. .a ..
No more fragrant abuses OF iniunc-
tons have existed than i'll Detroit,
where injunctions have been issued
against striking patternmakers and
cigarmakers. The courts have attempt
ed to forbid the patternmakers even to
visit the homes OF strikebreakers They
have arrested. and punished men be
cause they walked past the places OF
business OF former employers. They
have threatened girls OF fourteen and
| sixteen with fines or imprisonment ii
| they so much as discussed the strike
with fellow-workers. SO overbearing
and unreasonable has been the attitude
OF the courts that they evidently thinl;
workers belong to a lower class OF ami
mails to whom the right OF free speech
and free assembly do not apply,
Particularly since the enactment OF
the provisions OF the Clayton law have
the State courts extended this abuse OF
the writ OF Injunction that has de-
veloped and is one OF the most serious
things with which workers must con-
tend. 1t is a problem that requires leg
islative relief and the enactment OF
State laws clearly establishing the
rights OF workers, defining the use o
the writ OF injunction and specifically
regulating its application. Judges them
selves will never reform this abuse
PRESIDENT GoMPERs, in American Fed