The labor world. [volume] (Duluth, Minn.) 1896-current, 1919-11-22
UNFOLDING FREEDOM.


III injunction proceedings when
the court issues an order it .hecomes
law as much as If it were passed
by a legislative body. Indeed, :. it
takes precedence over other forms
Of law in that one need not obey an
unconstitutional law. enacted by a
legislature, while there is no alterna-
tive but to yield to a judge~made
law which higher court may later
set aside as invalid.
Under government by injunc-
ton the judge becomes an auto
crat. He is law-maker, trial judge,
juror and executioner, all in one.
1t is we'll established principle that
the inherent purpose of the injunc-
ton processes, where there is no
other adequate remedy at law, was
for the purpose of protecting prop
erty and property rights only, there
by exercising the equity power Of
the courts to prevent immediate and
irreparable injury.
Mr.. Gompers has we'll said: 1T
was never intended and there is no
warrant of the law in all our coua-
try to use the injunction power of
equity courts to curtail personal
rights or regulate personal regula-
lions. It was never intended to take
the place of government by law by
substituting personal and discretion
airy government
In the coal strike it! was, the con-
tention Of ting government that as
the war was not legally ended, the
Lever act, under which the Fuel Ad-
minlstration functioned, was;. still in
effect. This act provides its own
penalties for, violators' IT lis priovi-
5ions. The Anderson Injunction is
sued in this case had for it's purpose
not a trial BY a, court and 8 jury,
out ali order Of the court rpredicated
upon the assumption that the law
might be violated and by which the
defendants may be brought before
the court for contempt and without
any trial by jury.
The proceedings in this case are
without parallel in the history OF
our country. While the Injunction
did not directly order the miners
back to work it had the same effect.
A sufficient number of miners are
at work to in a measure relieve the
nations fuel administration. Those
who remain idle are without leader
ship and their funds are TIED up.
It is all very we'll for the Duluth
News Tribune to play the sympathy
act for the dear public because ''some
men. are still idle, while schools are
closed and some homes are cold,''
but American worKingmen outside of
the coal districts are not making
very much complaint, for it is their
homes that always suffer first. The
-aost of them are willing to bear
their share Of the sacrifice if it. will
help in any way to improve the con-
ditions Of the coal miners.
On the other hand when there is
a scarcity of coal not due to strike.
but to the manipulations of the coal
barons for the purpose Of increasing
J. their profits, such newspapers. have
little sympathy to waste on the dear
. public and less criticism to offer to
che coal operators. We should
never lose sight of the fact that labor
does not own the coal mines The
owners are free to employ other men
when the union coal miners quit, as
they are free TO close down their
mines at their own sweet will, at
which times, no .injunctions are in
voked to. compel them to reopen
1t makes all the differences in the
world whose lawn is being tramped
down. wi ~ ,::.~-.: ..- !
Now the News Tribune declares
that the average pay Of miners Is
s1,4oo:a year. :aa n Where does: it get
is information? There are no off,
:ial figures for 1919. except those
compiled by the Iowa officials, which
show that from September sse;1sls,
: 20 September 80, 1919, the average
earnings for Iowa miners were $3.50
for therseaar q This is $55e*less than
the $1,4oo scl iaia, by: the News Tri.
bune.. Top: wages /. for miners dur:
ing the peak, production year of war
time were: 81, 800 a: year in Illinois,