The times., December 16, 1911, Image 3

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THE TIMES
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from you. and if you do not speak
C U S S LEGISLATION I you
lose the right to complain if
his conduct opposes your proper
FOR INDUSTRY
interests.
The great industrial questions
(By James A. Emery.)
in which you are interested and
I feel that in addressing you which
have been presented more
this morning upon the general variously,
frequently and insist­
legislative situation, 1 do so under ently
during this session than any
circumstances that, quite apart preceding one, bears a direct, deli­
from the merit of my remarks, cate. and sometimes embarrassing
insure your interest and attention. relation to the individual Con­
The storm that gathered over gressman, to his party, his execu­
Washington some ten days ago. tive (his party leader), and to the
anil dissipated in sheet lightning, general country. So lie has pres­
has re-formed its injunction sure both from within and from
clouds during the past thirty-six without, from the suggestions of
hours and is rumbling threats over party policy and his notion of the
the devoted heads of your Con­ wishes of his constituency. So the
gressional representatives.
This expression of your opinion in
most recent of continuously insist­ measures touching the labor rela­
ent efforts to secure anti-injunc­ tion not only affects the actions
tion legislation is probably the last of individual public men, but re­
desperate movement of a session acts to modify party policies.
abounding in similar attempts. Your interest or your indifference
The proponents of class legislation becomes a measure of the political
have presented their demands in value of contemplated party ac­
a variety of forms so closely re­ tion.
•
lated that it would be impossible
A
Word
About
Injunctions.
to present any one of them to you
intelligently, unless all are sum­ Having suggested the personal
equation in legislation, let us now
moned into your presence.
What Influences Congressmen. consider the so-called “ labor
measures” presented for Congres­
The legislative situation at sional action. Years of continu­
Washington will become clear ous agitation and discussion have
only when you realize the personal familiarized you with their mean­
position of the average represen­ ing beyond the generality of men.
tative. Our Congressmen proceed Perhaps the chief and most insist­
to Washington from every part of ent demand of organized labor has
the United States. Their term is been for a modification of the ex­
so short that almost before grate­ isting practice in the issuance of
ful congratulations upon election writs of injunction, based upon a
have died away, a nerve-wearing loudly asserted charge that this
struggle for renomination is in great writ is constantly issued in
progress. The Congressman is labor disputes improvidently, and
therefore almost continuously en­ enforced with injustice and op­
gaged in a contest to retain his pression; claiming that instead of
seat.
securing protection against irre­
The number and variety of sub­ parable injury to property or mix­
jects upon which he is required to ed property and personal rights
legislate render it impossible for- the injunction has in numerous in­
him to know all about more than stances wrought grievous wrongs
a few'measures, and leaves him of to the rights of those against
necessity in practical ignorance of whom such writs have run.
If
the details of numerous others. To there be merit in that accusation,
meet this very condition the vari­ it indeed demands immediate con­
ous committees of Congress exist, sideration. If the conservators of
each giving special consideration justice have become doers of in­
to a particular class of subjects justice. if courts work wrongs and
and recommending them favor­ judges attack the rights they ex­
ably or unfavorably, or often not ist to protect, the very elements
at all, to the general body. Under of civil security are threatened.
these circumstances the great But if the charge is unsupported
struggles that determine the fate by facts and is repeated, not only
of a bill take place in committee without the slightest evidence, but
and, generally speaking, the judg­ without visible effort to secure or
ment of the committee determines offer it, then, be they who utter
the life or death of a proposed it high or low, this assault upon
measure.
The members of the the conduct of our Federal judges
more important committees are necessarily weakening by repeti­
the busiest of men, frequently tion of unproved and improvable
working longer hours than those charges, the confidence of our peo­
of closest application in private ple in the last refuge of constitu­
life. It is in these committees that tional government finds no lan­
the individual ability and charac­ guage too strong to rebuke its
ter of a member, perhaps unno­ malicious authors, or those who,
ticed to any great extent in gen­ with far greater responsibility,
eral debate, counts most. It is lend the influence of a great office
there that your representatives to the circulation of an indefensi­
are most potential and do most to ble slander.
influence the general policy of
So long as courts exist and
Congress.
causes are tried, disappointed liti­
Your Congressman desires to gants will voice the resentful crit'i
help his constituents and his party cisms of defeat. Organized labor,
in such a way that he will help checked in its efforts to violate or
himself. He performs in Wash­ evade law with impunity, might
ington ; he lives in his district. be pardoned an exhibition of tem­
What he thinks his district thinks per, but its slanderous criticism
is a great factor in shaping his has long passed the stage of spas­
conduct, just as what his district modic anger and become a habit
thinks he thinks is the great fac­ of deliberate attack upon the judi­
tor in securing his election. It is cial character. Such charges from
only natural that he should pay a body seeking to become a fav­
most attention to those from ored class of wrong-doers, arous­
whom he most frequently hears. ing the resentment of all good citi­
But a small percentage of the peo­ zens. could not have obtained seri­
ple who vote for him give inti­ ous consideration had not the
mate care to his public action or Chief Executive echoed and re­
communicate with him concerning echoed the assertions of bitter and
it. and if he heeds those who heed baffled violators of law. (Note:
him, it is because he has every This was spoken in May, 1908.)
reasonable ground to assume that
You know that we are a govern­
those who endeavor to influence
ment
of three distinct and separ­
his action will take an equal in­
terest in voting in one way or an­ ate powers; we have executive,
other on his future election; and legislative and judicial depart­
if an unusual number of people ments, co-ordinate and exclusive
address him upon a particular in the exercise of their separate
subject it is very easy for him to functions, nor can either trespass
believe they represent a large and upon or exercise the powers of the
interested sentiment in his com­ other. Each is the agent of the
munity. So the average Congress­ people, possessing only such pow­
man becomes more or less of an ers as they have conferred, and
adept in receiving, measuring and beyond the delegated right of that
acting on “ word from home.” and agency, holding no authority. The
if in any issue of importance he is legislative department cannot in­
persistently importuned by the trude upon the judicial nor the
proponents of a measure, and judicial upon the legislative, nor
hears little or nothing in opposi­ the executive upon either, and we
tion to it. being human like the have so willed in the language of
rest of mankind, he is likely to the Commonwealth of Massachu­
follow the line of least resistance. setts. declared by Webster to be
He is impressed by what reaches the greatest words of any public
him. He measures the opinion of utterance, that they may be a
his district by its expression, your “ government of laws and not of
interest in anything he does by men.” Nothing, then, can be more
what you say, and there is no way serious than a reflection by one
to be "sure of right action on his department on the actions of an­
part unless you give impressive other. and if duty requires it. the
evidence of right and determined most complete evidence should
views. He cannot be expected to back the criticism. For more than
hear the silent, or be himself af­ two years President Roosevelt in
fected or react upon others, by his messages to Congress has iter­
things unwritten or unsaid. Or­ ated and reiterated his belief that
ganized labor is his regular cor­ there has been a continuous im­
respondent. He hears from it on proper and oppressive use of the
every occasion, and frequently writ of injunction in labor dis­
when there is none. If you are putes by courts of the United
equally interested he should hear States. Summing up these serious
► *
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E ast 33
B 7118
DON’T BE A HORSE’S I
ENEMY
T elep h o n es
M ain 6 9 8 0
A 3322
IK) YOUR SHOPPING EARLY
LATE HOURS MAKE SLEEPY DELIVERIES gj
loin the
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•I See, Phone or Write PH ILIP S. BATES Sec., 215 Oregonian Bldg,
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statements, he declared in his spe­ putes. Now. are all of these
cial message of April 27, 1908:
twenty complained of? The 308
‘ ‘ F irs t, us to th e pow er o f in ju n c ­ writs issued to guard patents, to
tio n a n d o f p u n ish m e n t fo r co n tem p t. suppress unfair competition,
to
I n c o n te m p t cases, sav e w h ere im m ed i­
abate
nuisances
and
to
protect
a
a te ac tio n is im p e ra tiv e ,
th e
tr ia l
should be b e fo re a n o th e r ju d g e. As r e ­ great variety of rights iii varying
g a rd s in ju n c tio n s, some such le g isla tio n circumstances, excite no indigna­
as th a t 1 h av e p rev io u sly recom m ended tion, but the forlorn and isolated
should bo en acted . T h ey are b lin d w ho
twenty, do they all arouse the re­
fa il to re a liz e th e e x tre m e b itte rn e s s
caused am ong la rg e bodies o f w o rth y sentment of organized labor? Is
c itiz e n s by th e use t h a t h as been r e ­ each a cause of executive accusa­
p e a te d ly m ade o f th e pow er of in ju n c ­ tion?
If so, in what respect?
tio n in la b o r d isp u tes. T hose in whose
President Roosevelt offers no bill
ju d g m e n t w e h av e m ost rig h t to tr u s t,
a re o f th e opinion th a t w hile m uch of of particulars. The attorney-gen­
th e co m p lain t a g a in s t th e use o f th e eral, Bonaparte, with access to the
in ju n c tio n is u n w a ra a n te d , y e t th a t it records of every circuit court, pro­
is u n q u e stio n a b ly tr u e t h a t in a num ­ fesses himself unable to give infor­
b e r of cases th is po w er h as been used
to th e g ra v e in ju ry o f th e r ig h ts of mation concerning the abuse of
la b o rin g men. I ask t h a t i t be lim ite d injunctions to inquiring members
in some such w ay as t h a t I h av e a l­ of Congress, and is, apparently,
re a d y p o in te d o ut in m y p rev io u s m es­ without facts for either the exec­
sages, f o r th e v ery reaso n th a t I do n ot
w ish to see an e m b itte re d effort m ade utive or the legislature.
to d e stro y i t . ,f
During three years of argument
Now, sirs, let us inquire upon before the judiciary committee of
what facts are these grave reflec­ the House on various proposals to
tions predicated. Surely the high­ limit or withdraw the writ of in­
est official of the nation cannot ut­ junction in labor disputes, con­
ter them without warrant. Cer­ stant effort lias been made, both
tainly, he must possess facts to by your representatives and by
verify this declaration.
Has be members of the committee, to se­
supplied them to Congress, as at cure specific statements as to the
other ' lines and in other eases he alleged improper use of the writ.
has offered evidence to substanti­ We have repeatedly said to the
ate the wisdom of his recommen­ opponents of such legislation:
dations? Do those to whose pro­ “ You are before the Law Commit­
test he alludes, offer proof of the tee of the House. You make as­
numerous abuses to which they sertions that reflect upon the very
have been subjected? We have integrity of the judiciary. Upon
heard the indictment, let us ex­ what facts do you base them?
amine the evidence.
Where are the injunctions improv­
The average man might really idently issued and oppressively
believe from the clamorous denun­ enforced? What are the judicial
ciation of “ government by injunc­ decisions against which you pro­
tion,” that the Federal courts do test? File them with the commit­
little but issue injunctions in la­ tee and let us have evidence, not
bor disputes. One would imagine vague, loose and declamatory
their approaches jammed with statements upon which to base dis­
jostling employers, petition in cussion, for never in our history
hand, the judge distributing re­ has a single judge, much less the
straining orders as a bill-boy scat judiciary of the nation, been im­
tors circulars. But, sirs, with the peached without a specific plead­
record spread open, before we con­ ing.” And in response to these
sider how frequently the writ is­ requests we have bad isolated in­
sues, let us pause to ask ourselves junctions occasionally presented,
what it is. The writ of injunction and much disjointed criticism
is an extraordinary remedy. It based upon misapprehension of
does not issue with the frequency adjudications, and frequent mis­
of a summons or subpoena. It is statements of circumstances, the
an order of a eourt of competent evidence of which exists in the
jurisdiction generally prohibiting records of numerous hearings be­
the doing of certain things, but fore the Judiciary Committee.
sometimes assuming a mandatory But about May 1, 1908, twenty-
form to require the doing of three restraining orders, com­
others. It proceeds from an equity plaints and a number of decisions
tribunal whose chief function is were filed with the Judiciary Com­
to prevent the doing of wrong, an mittee as the basis for these years
office in which it is distinguished of continuous demand for reme­
from courts of law, whose purpose dial legislation. Among their
is to cr mpel compensation after number arc fourteen of the twenty
barm lias been inflicted, and since injunctions issued during the past
the very essence of equity power five years, to which I have refer­
exercised through tills writ is pre­ red, but in no case does the com­
vention rather than cure, it acts plaint upon which they were is­
upon the presentation of allega­ sued accompany them, and in no
tion of fact, supported by affida­ instance are the errors alleged or
vits and such other evidence as it the wrongs asserted even suggest­
may require, not merely to pre­ ed, much less arc they definitely
vent future irreparable injury, specified. Indeed, when asked if
but that which is immediately they would not accompany their
present and threatening, atid records with their criticism, the
might e<ther destroy or impair the representatives of organized labor
subject matter of controversy be­ declined to do so. So it must be
fore the court could adjudicate assumed that they protest against
upon it. or would work irremedi­ the injunctions presented, not for
able harm while the plaintiff was specific error, but because they
proving the danger of bis posi­ were issued at all. With this con­
tion. As it is the office of a court tention it is useless to argue, as it
of law to bear and give judgment is not a legitimate subject of dis­
in compensation for injury suf­ cussion or an issue raised by any
fered in the past, so it is the very but the extreme and radical with­
nature and purpose of an equity out serious support in any respon­
court to interpose its arm to pre­ sible quarter. Nor is the right of
vent the commission of an injury a court to issue an cx parte order
immediately menacing and for under proper circumstances ques­
which law courts can provide tioned in the most recent legisla­
neither adequate protection nor tive proposals, as I shall presently
adequate compensation, and as the show you. and this despite the de­
great Lord Coke said. “ The pre­ mands of organized labor, the rec­
vention of wrong is far more im­ ommendation of the Executive, or
portant than its compensation.” the opinions of politicians.
(Continued in Next Issue.
To return now to our inquiry
as to the frequency with whmh
this writ is applied. How often
Pension bill of $40.000.000,
think you. does it issue in the in­
num erable cases brought to the I which passed the House at Wash­
attention of Federal courts ington. and no doubt will pass the
After carefully examining all the Senate, is a worthy bill.
injunctions appearing in the rec­ Though we may think, on first
ords of the circuit courts of the conclusions, this a vast amount to
United States in the five years obligate the Government, but let
from January 1. 1903, to the pres­ us consider if the 100,000,000 peo­
ent (May. 1908' we find only 32* ple in the country were asked to
instances in which injunctions of contribute fifty cents each to the
any kind have issued, and of these man or family giving up or offer­
328 writs issued in five years, only ing his life for his country, we all
twenty are involved in labor dis­ would be pleased to do so.
201
The Baggage
& Omnibus
East Water Street
Transfer Co.
PORTLAND
EAST
COR. EAST YAMHILL
63
u. s.
General
Transfering
and
Storage
Laundry Company
180 Grand Avenue
PORTLAND
C. J. W IL S O N
C om m ercial A rtist
B ag g ag e S to red T h re e D ays
F re e
an d
C arto o n ist
348 MARKET STREET
P h o n e M a in 5645.
Res. P h o n e E 6185.
B ag g ag e C h eck ed a t Resi>
dence, D irect to D estination
O v er A ll Lines
Arthur D. Monteith
Civil and Hydraulic Engineer
587 E . 15th S t. N. P o rtla n d , Ore.
G en eral
S u rv e y in g ,
L an d sc a p e
En­
g in e e rin g ,
C o n stru c tio n
S u p e rin te n ­
dence, R e p o rts an d E stim a te s on P r o j­
ects, W a te r S u p p ly , Irr ig a tio n , S e w e r­
age.
N ow L u m b e r E x c h an g e B ldg.
Your business should bo repre- ]
Banted in T H E TIMES. We in­
terest ninety-two and one-half
per cent. TH E TIM ES will give
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you ever had. Figure it out with
Main Office and Warehouse
Park and Davis St».
PORTLAND, OREGON
s i v » a m ? . w ^ & m w A v . v . ,i
8
j
You can quench your in- J,
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§
“ hootch” at the following •»*,
OPEN SHOP bars, and not
¡jj have the enjoyment les-
sened by a big union card.
These life-saving stations
are classed as not being fair
by labor publications. Web
ster says fair means ‘ ‘ pleas-
ing to the eye—beautiful.”
We claim that these places
Phoae or Write
A
£
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Government
:•
Standard
%
8
qualify according to Web- .J
*♦
ster•
8
Hofbrau
128 6th St.
Powders
Company
a
g
L o tu s
127 6th St.
^
PORTLAND
Louvre
4th and Alder
A
And Have an Ex­
■:
Perkins
5th and Washington
a pert Explain Our
a *5
a
Schultz
|
5th and Washington
4
Ninely-
Quelle
6th and Stark
Money Maker
Main
First St.
A
£
Your business should tie repre­
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tions of both the United States you the best run for your money
and the United Kingdom are sur­ you ever had. Figure it out with
us.
prisingly small.
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