The labor world. [volume] (Duluth, Minn.) 1896-current, 1916-08-19
GOMPERS TELLS HOW, LABOR

+. WASHINGTON, Aug. 10.-Writ-
President Gompers traces the injunc-
ton process from its beginning,
when it was developed for use in
cases not covered by law, until the
present time. when injunctions set
aside constitutional guarantees.
"Our legal theories and judicial
institutions were inherited from
England" says President Gompers.
I'm England, in the early times, the
only recourse for losses or damages
to property or property rights was
through legal procedure in the civil
courts to secure an award for dam
ages. But monetary awards were not
always full compensation for losses,
nor did they afford ample protec-
ton against entertainments of feudal
overlords upon property or prop
erty rights of their retainers.
.'There developed the custom of d.
rect appeal to the king or to a rep
resentative, or the keeper of the
kings conscience
"The matters involved in such
controversies as were brought di-
rectly to the king were questions Of
equity rather than law
"The chancellor, who heard both
parties, would report to the king
advising that either the matter be
dismissed or that an order be issued
that the offender do what he ought
to do or refrain from doing some
thing that would work injustice.
"As time went on, these prece-
dents developed into custom and
custom into accepted law. Equity
courts became an important part Of
the judicial machinery of England.
The chancellor became judge. who.
without jury, heard cases for which
there was no adequate remedy at
law and issued DEGREES directing
that certain course be carried out.
These fundamental principles of
chancery, or equity, were developed:
I'D 1t was to be exercised for
the protection of property rights
only.
"(2) He who would seek it's aid
must come with clean hands.
"(3) There must be no ADEQUATE
remedy at law.
go 1t must never be used to cur
tall personal rights.
"(5) It must not be used to DUN
ish crime.
Equity courts have been invoked
IN times of industrial disputes for
the purpose of securing from equity
judges restraining orders or iniunc-
tlons restraining workers from COL
lectlve action assuring that unity of
purpose necessary to make a strike
eHectlve; from saying orally of pub
llsh1ng information or doing things
necessary to induce EMPLOYERS to
agree to better terms and conditions
OF work, and from profiting by aid
and counsel in carry on Industrial
contests.
more than 20 years ago federal
courts began to issue such restrain.
great frequency. Since equity courts
nave jurisdiction only over contro-
versles involving property or prop
cry rights, the only seeming justi-
ncation 1or the Issuance of these re-
straln1ng orders is the theory that
employers rights to do business in
clude a property right in the labor Of
employees necessary to carry on the
business proftably.
Ihey assume that property and
property rights are Infinitely more
important than human beings ~
human rights, and demand that
these shall be subordinated to nrof3ts
ana uninterrupted production or
transportation. ~
1T has no bearing. upon this argyll
Wrongfully as lawless and doors Of
violence. When workers violate Law
OF commit crimes, there is adequate
n, remedy at law. No judge has a
tisnt TO issue an Injunction for
bidding commission of crime in ad-