Evening journal., 1922-08-19


nified by the millions OF loses TO
fruit growers and other producers
OF perishable foodstuffs and com
parable losses 10 farmers who de-
pend on transportation 10 market
their grains at harvest time. Even
worse. II is hindering the trans
port OF available coal when indus
try is on the verge OF paralysis be-
cause OF coal shortage. and life
and health are menanced by coal
famine in the great centres OF
population.
Surely the threatening condi- |
tions must impress the Congress
and the country that no body OF
men, whether limited I'm numbers
and responsible for railway man |
agement or powerful I'm numbers !
and the necessary force I'm rail- /
road operation. shall b. permitted |
TO choose n course which imperiis
public welfare.
Neither organizations OF en-
ployers nor workingmen's unions
may escape responsibility. When
related to public service the |
mere fact OF organization magni- |
fies that responsibility and public |
interest transcends that OF either
grouped capital or organized labor.
Right 10 Work Upheld.
Another development IL so sg-
niflcant that the hardships OF the |
moment may we'll be endured to ]
rivet popular attention 10 neces-
sary settlement. IL r. fundamental /
20 all freedom that all men have
unqucstioned rights 10 lawful pur-
suits, TO work and 20 live and
choose their own lawful ways TO
happiness. In these strikes these /
rights have been denied by assault
and violence. by armed lawless-
ness. In many communities the
municipal authorities have winked /
at these violations. until liberty is I
a mockery and the law a matterf
of community contempt. II is fair /
to say that the great mass OF or
ganized workmen do not approve,
but they seem helples sto hinder.
These conditions cannot remain In
free America. II freemen cannot !
toll according 10 their own lawful
choosing. all our constitutional
guarantees born OF democracy are
surrendered 10 mobocracy and the
freedom Of a hundred millions Is
surrendered TO the small minority
which would have no law.
1T is not my thought 10 ask
Congress to deal with these funda-
mental problems at this time. No
hasty action would contribute 10
the solution of the present critical
situation. There Is existing law
by which to settle the prevailing
disputes. There are statutes for
bidding conspiracy 20 hinder In
terstate commerce. There are laws
10 assure the highest possible
safety in railway service. II is my
purpose to invoke these laws, civil
and criminal, against all offend
ers alike.
The legal safeguarding against
Ike menaces in the future must
be worked out when no passion
sways. when no prejudice infiu-
ences, when the whole problem
may be appraised. and the public
welfare may be asserted against
any and every interest which as
sumes authority beyond that OF
the government itself.
zone specific thing I must ask
at your hands at the earliest pos
sib!e moment. There is pending a /
bill 10 provide for the better pro- /
lection OF aliens and for the en-
forcement of their treaty rights.
Il Is a measure. in short. 10 create
a Jurisdiction for the Federal
courts through which the National
Government will have appropriate
power to protect aliens in the
rights secured 10 them under
treaties and TO deal with crimes
which affect our foreign relations.
The matter has been before
Congress on many previous occa-
sions. President Tyler in his first
annual message. advised Congress
that inasmuch as the government
is charged with the maintenance
OF peace and the preservation Of
amicable relations with the na-
tions OF the earth. II ought to pos
sess without question all the rea-
sonable and proper means OF (
maintaining the one and preserv-
ing the other.
president Harrison asked for
the same bestowal of jurisdiction.
having encountered deep embar-
rassment which grew out of the
lynching OF eleven aliens in New
Orleans in 1891. President Nc
Kinley. dealing with a like prob
lem in 1899, asked the conferring
upon Federal courts jurisdiction
in that class Of international cases
where the ultimate responsibility
OF the Federal Government may
be involved. President Roosevelt
uttered a like request 10 Congress
in 1906, and President Taft point
ed out the defect in the present
Federal Jurisdiction when he
made hts inaugural address in
1909. He declared that 1T puts
our government in a pusillanimous
position 10 make definite engage
ment 10 protect aliens and then to
excuse the failure to perform the
engagements by an explanation
that the duty TO keep them Is in
States or cities not within our
control. If we would promise. we
must put ourselves in a position 10
perform our promise. We cannot
permit the possible failure of JUS
tice. due 10 local prejudice in any
State or municipal government. to
expose us TO the risk OF war which
might be avoided IL Federal juris-
diction were asserted by suitable
legislation by Congress.