Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1925-11-13

Congress. aud Ia every state LeRis.
lature. Mr., Moll said, seek enactment
into law Of proposal 90 limit the
jurisdiction Of equity courts in such
manner as 10 throw into law courts
the type OF cases in which labor IN.
functions have been issued Ia the
past by equity courts.
10 rcnc. In Eqnt, Cauris
Hitherto labor has fought the in
junction as such, Now il proposes 10
abandon the hght Of % yeaia and
fence IN the equity courts in such
manner a. to restrict them 10 the
protection Of property rights aud pre-
vent them tfom interfering with per
sohal rights. either In the cases nt
individuals OF of groups.
This means that little hope is long
er entertained "a 10 the effectiveness
of the Clayton act, Until how hailed
rs a charter Of freedom from equity
court action.
"All federal eourta,a said Mr.. Vol,
a vice president OF the A. +, Of l.. and
lawyer are the creatures Of Con
gross, Congress establishes thrm. it
fNes their jurisdiction and II may
change their jurisdiction at any time.
The Supreme Court has repeatedly up.
held this contention. That assures ~
of clear road In aof new program.
What Il true Of federal cofuts la the
nation At latge Is true Of State courts
in the States,
Congress- Can Limit Courts
Congress may say that in certain
cases there Is "A remedy by injunction.
II may also say there II no such rem.
edy. lt'is true that the equity courts
have developed lafiadiettan regard
less of Congress aud in addition to
any power that Congress has given.
but Congress most certainly may say
that these courts shall be limited 10
certain kinds of cases. that they may
not deal with certain other kinds.
We have never attempted To have
| Congress- say h. the federal courts thai
conflicts arising out Of labor disputes
| shall be confined fof adjudication Ia
| the law division of The federal courts.
On the contrary, We have said that the
| abuse shall be fUmeded by trying 10
define labot's rights. but still leaving
the power undlsturhed IN the hands Of
the equity courts
| To Ash Restriction on Jurisdiction
"lt Is now proposed to ask Congress
TO have the federal courts eonline adj
judieation of all disputes or claims
relating 10 personal rights az the con
duct Of persons to the law division aud
10 deny jupriadietioo TO the equity
division IN such casea.
The attempt Of Congress aud of
| Legislatures 10 ntfirmatiyely set out
labof's individual and collective rights
IN industrial relations has afforded the
| Supreme Court an opportunity TO de
clare all such Legislation uneougtiiu-
tional on the ground that such leRis-
lation has violated tie due process of
law section of the Constitution aud the
section safeguarding property rights
created by the courts themselves.
'Iho field Of property rights has SO
developed and extended through judi
cinl rulings that today no personal
riRhl exists which does not involve
some property right developed IN this
way
New Proposal Avoids Difficulty
Our new proposal avoids this diff
Guilty, In that II does not seek 10 define
either property rights or individual
! and collective personal rights which
may be in conflict with each other In
industrial disputes, but will require
their djudication--if they must be
adjudieated by judicial proceHs--in the
law courts and not In the equity
courts. BY following this course the
difficulties placed in the way by the
Supreme Court will be- successfully
overcome"
II was pointed out by Mr. VOL thnt
In the law courts the accused g. AS
sured jury trial which he may not
have in equity. And, while in equity
he Is assumed guilty and must prove
cleanliness, IN law he Is assumed inno-
cent and the burden Of proof is on the
plaintiff. He points out also that eX-
cessive punishment. common In equity.
is not a menace in the law courts. in
addition tO which contempt proceed
ings found in equity are eliminated.
Opportunity for Justice Equal
In addition Mr.. Woll said, fem
ployers and employees are given equal
opportunity and equal freedom in adj
justing their relations without bring
Ing the State. through the courts,
into the situation as partisan 10 the
lguulovgr1 under the p4ii4e af Drotaci-