Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-08-04


Let us briefly summarize some OF
the important facts relative to labor
injunctions which have been issued.
We have shown that our American
equity practice WAS based upon the
English practice of the Chancery
Court at the time when our Constitu-
ton was adopted.
We have shown that but two in
functions were issued in connection
with labor disputes in Great Britain;
that one of these was set aside BY q
decision of the Lord Chancellor sup
ported by all of his associates; and
that the other was overturned by an
act Of Parliament.
We have shown that American
courts of equity did not first issue
labor injunctions until 1883 and
that, when the first federal injune-
ton was issued in 1890, the court ad-
mitted that it had no precedent 70
guide it, either in English of Ameri-
can equity practice.
We have shown that mt no time
since such injunctions were issued has
any authority for issuing the same
been granted or authorized by State
Legislatures or by Congress.
We have shown that many of the
nations leading jurists have held
that equity courts have no authority
to issue such injunctions in connec-
ton with industrial disputes and that
the terms of these writs are FIRE.
quently in contradiction and violation
of the provisions of our Constitution
The ps,tsek a.,t,ttxr raetiaa ra0tl.
lated and established by Parliament
! which we inherited, provided thai
equity.
"Was to be exercised for the pro
lection of property rights only.
THAT he who would seek its ale
must come with clean hands.
THAT there must be no adequate
remedy at law.
"That it must not be used to punisl
crime.
THAT it must never be used to cur
tail personal rights"
We have shown that since Amer
can courts began the practice of issu
| ing labor injunetions they have VIC
lated all of these basic principles O
chancery or equity, for they hav'
issued injunctions for purposes othel
than the protection of property.
They have issued injunctions to EN-.
ployers who had been the aggressors
who had struck the first blow, ant
whose hands were unclean.
They have issued injunctions whei
there were adequate remedies at law
Thay have issued injunctions which
they afterwards used to punish crime
instead of contempt.
They have issued injunctions which
were intended to curtail personal
rights.
This record is amazing! and causes
us to marvel at the peoples patient
submission to over-reaching courts
Its implications are tremendous, fol
our judiciary has assumed the author
lity without sanction of law or con.
stitution to set aside the basic princi'
pies upon which our equity courts
were founded. They have put labor
without the pale of our Constitution
| in it's efforts to establish industrial
justice.
They have violated these basit
principles and set up for themselves
a power and authority never con
ferred upon them by the people, oil
sanctioned by their representatives
Having seized this power, they have
proceeded to create class distinctions
They have abolished trial by jury fol
wage earners charged with contempt
committed outside of the courts pres
ence. They have established govern
ment by judicial conscience in de.
fiance of the provisions of the Consti.
tuition which specifically provide thai
all legislation shall be confined to ths
legislative branch of the government
The sinister condition established
by these courts of equity has created
a problem of overwhelming import.
ance.
The remedy lies in the Legislative
field. State legislatures and Congress
must assure the same responsibility
which was assumed by the Britist
Parliament many years ago when Il
laid down the definite rules to govern
courts of equity, and placed impass
able barriers beyond which they eoulC
not go.
The process of securing the resto
ration of our rights which have beer
destroyed by equity courts and OF re,
storing these courts to their origina
\ function will be long and arduou'
undertaking.
Until this remedial legislation il
secured, how is labor to protect lt'
rights?
A most practical and immediate
problem exists because Of the coliec
| tive effort of organized employers t.
collectively de-unionize their plants
wherever possible and prevent tn
existence of trade-unions. Trade
unionists are being faced with the al
Tentative of Immediately losing theil
/ lob, or signing contract compelling
them to surrender their trade-unioi
membership. When they have gon'
on strike to resist such an invasion
of their rights, a court of equity ha
declared the strike Illegal and has en-
| Joined others from giving assistance
to the strikers.
Injunctions are issued restraints
trade-unionists from referring to tn
fact that they have a dispute Wit
their employer, giving him free an
CT \ tt4ar