The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-05-17
LABOR AND THE INJUNCTION

LABOR AND THE INJUNCTION.
Alexander Howat has invoked the
aid OF the injunction. hated. despised
and execrated by labor unionists in
general, in an effort to extrieate him
self from the trouble in which he
has become involved. by reason of his
/ resistance to the orders of the Kan
sas court of Industrial relations. Or
ganized labor has fought the use OF
/ the injunction in Industrial contro-
versies unremittingly for many years.
/ Howat. however, has shown that ne Is
not above using it if it can be made 20
! serve his purpose.
As far back as April, 1906, the
''Federationist." official organ of the
American Federation of Labor, said:
We have steadily fought the injunc-
! tion-this outrageous, fmpudent, rev.
olutionary Invention OF lawless plu-
tocracy-and if the national and state
legislatures are reluctant or slow to
come to the relief of labor and put an
end by appropriate legislation to the
usurpation practiced by judges more
and more audaciously at the dictation
of plutccrdCy. other lawful ways and
means OF resisting the abuse will sug-
geSt themselves.
Year after year, the federation
knocked at the doors OF congress with
demands for laws exempting labor
unions from antitrust legislation and
wiping out the power of the courts to
protect by injunction or otherwise the
right of the non-union worker to pur-
sue his trade or the right OF the open
shop employer to conduct his bust
ness Year after year committees of
congress listened to the representa-
tives of labor unions proposing these
laws and to the employers represen-
tatives and constitutional lawyers of
distinction opposing them. The issue.
became of so supreme Importance
that it found its way into the plat
forms of the two great political
parties. In March, 1906, the fedora
ton and prominent national unions
presented their bill of grievances
to congressman, senators and the
president, calling for exemption from
the antitrust laws and the abolition
Of labor injunctions. It declared
"our repeated efforts to obtain re-
dress from congress have been in
vain It hoped the appeal would
may not heed US, we shall appeal to
the conscience and the support of our
fellow citizens" The pledge demand
ed of national legislators was not
only to vote for certain bills or poll
cies. but also to accept such changes
in detail as might be thereafter ap-
proved by the legislative commit
tees of the American Federation of
Labor and the National Grange"
By 1912 the demands of labor
unions had become standardized.
Most of them found expression in a
model anti-injunction bill, which in
effect declared that the right of nan
to work and the right of an employer
to conduct business should not be re-
gsrded as a property right entitled to
protection in the courts.
In 1913 the state of mind of the
politician was shown by the consider
alton of federal appropriation bills
for funds to enforce our laws. with
provisos that none of the appropriated
funds should be used against labor
unions. Early in 1913, after twenty
three years of effort. this labor pro-
viso," says the Federationist, was in
corporated in a bill reported from a
committee" This bill was vetoed by
Mr.. Taft, but on June %, 1918, such a
bill was signed by President Wilson.
This was a decisive victory for the
rights and protection of labor wrote
Mr.. Gompers. After that, President
Wilson annually signed bills with sim
liar provisos.
In 1914 the model multiplication
bill Was urged for enactment before
the state legislatures of various states
under nationwide campaign direct
ed from the headquarters of the fed
Grafton at Washington. A federal bill
restricting injunctions and purporting
to exempt labor unions from the anti
trust law was ready for enactment. |
Hearings were shut off. Labor lead
ers sat in the galleries during the crit /
ical sessions of congress and their |
presence had it's effect. The Clayton
law was passed.
If Howat succeed in(his undertake
ing. perhaps he and his associates
next will demand that the courts be |
restricted from using the injunction
except in the interest OF organized la |
Dor.