Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-28

lions delivered last night in the Nation
al Radio Forum, arranged by The
Washington Star and broadcast over a
coast-to-coast network of the Columbia
Broadcasting System, follows:
The struggle between human rights
and property rights Is as old as civil
ization. In fact, it is scarcely a gener-
alton ago that property rights in men
were abolished by the Constitution Of
the United States and equal political
rights given to all.
The Declaration Of Independence and
even these amendments to the Constitu-
ton have not yet resulted In economic
equality. In the economic field in our
country property is still ruling, and
much Of its rule Is quite as ruthless as
the autocrats of old. Our method of
organization of corporations recognizes
no human right. Men do not vote at
all. Capital alone votes for the man
who owns It. We boast Of individuality
in the United States but it is mockery
and is subordinated to the rights of
property in every great economic
organization In our country.
A corporate~ organization In It's very
nature means combination Of capital.
In each great corporation there are
united capital holdings of many people
and this combination exercises a power
akin to the feudal lords Of old.
Most Powerful Instrument.
Labor has asked the right to organize
for collective bargaining as capital itself
has always been organized. This de-
mand has been resisted. The most
powerful instrument against labor in
this demand for its equal rights is the
so-called labor Injunction, and this In
junction is largely the result Of court
made law. The power once recognized
has run riot in the Federal courts of
the country until the 29th day of
March, 1880, a decree of the Federal
Court was entered in the northern
district of Iowa enjoining the de-
PENDANTS, among other things. from
printing, publishing, issuing, circulating
and distributing, or otherwise COM
municating, directly or indirectly, in
writing or verbally, to any person, asso-
citation Of persons or corporation, any
statement of notice Of any kind of
character whatsoever, stating or repre-
ssnting;
"G) That there is strike at the
mill or plant Of the complainant at
Fort Dodge, Iowa; or that the strike
of 1921 is still In existence; or that
there is a controversy over wages or
conditions Of employment between COM
plainant and its employees; or any false
statement with reference to conditions
Of employment at compliments plant.
"(2) That complainant Is unfair to
organized union labor, or that its
products are or were unfair to organized
labor, or are on an unfair list.
"(3) That complainant forces or re-
quires its employees to sign or subscribe
to the so-called yellow dog contract"
The defendants In this case, 1t will be
observed, were not allowed to tell any,
one that strike was in progress. They
were not allowed to give any publicity
in any way to the fact that a strike
existed. They were not allowed to tell
any one that the complainant required
its employees to sign the yellow dog
contract" In other words. their mouths
were absolutely closed and free speech"
was forbidden. They could not, without
violating this Injunction, have sought
advice from an attorney. The son would
not be allowed to seek advice from his
own father. And II the defendants vfo-
lated this severe decree they would be
liable for contempt of court, which
means that they would be tried for an
offsnSe made illegal by the judge-an
offense consisting of an act which would
be perfectly lawful under the laws of
the State where the controversy existed.
They were not only forbidden to violate
this judge-made statute, but. in case
they did violate it, they would be tried
by the man who made the statute They
would not be allowed a trial before a
jury of their peers-a privilege granted
to the vilest Of criminals.
Powers Separated.
It has long been recognized by stu
dents of law and government that the
power to make law and the power to
enforce law should be separated as
protection against tyranny. To pre-
vent executive tyranny the legislative
power has been carefully separated from
the executive power in our scheme OF
government and to prevent judicial
tyranny 1t is equally necessary to pre-
serve the separation of the legislative
power from the judicial power.
A warning against the growing exer-
else of legislative power by the courts
in injunction cases was uttered long ago
by the great commentator Blackstone,
in the following language:
In all tyrannical government the
supreme magistracy or the right of
making and enforcing laws Is vested in
one and the same man, or one and
the same body OF men, and wherever
these two powers are united together
there can be no public liberty" Il Black
stone, 1922
1t Is amazing TO realize that in the
last 40 years there has developed in the
American courts the practice of writing
a special law to fit the individual case
by judges in issuing labor injunctions,
and that thereupon the judge. who him.
self wrote the law, has undertaken to
prescribe the penalty for its violation
and to punish the violator without per-
hitting the accused to enjoy trial by
jury or even to insist upon trial be-
fore another judge. It cannot be sue
cessfully claimed that the courts have
not written into these injunction cases
a new law Of labor disputes, fitting the
law to each particular case, and then
enforcing this new law made by the
court.
When we think of an Injunction like
this, and of the enforcement of the So
called yellow dog contract" by injunc-
ton of the Federal courts, there plainly
arises a duty for Congress to remove
the jurisdiction of the Federal court in
such inhuman cases.
However, my radio audience wants to
know the specific provisions of the bill
now before the Senate and the reasons
for its enactment. There is no better
way to give you this information than
to quote the bill from the minority re-
RESORTS,