ABUSE0FTHEWR1T
Man Must Be Allowed to Own
Himself.
;
HISTORY OF THE INJUNCTION,
I
Practice of Courts Based on Question
able Theory and Not on the Funda
mental Rights Guaranteed Under the
Constitution.
There U no Individual, be he student. I
lawyer, philosopher, or what not. who j
Is better equipped meutatly or through
vide vserience to discuss tbe question
of the abuse of the Injunctive power
tba a ia Andrew ' Funiseth. Andrew j
Furuseth Is president of the Interna- :
tiooal Seamen's uuion and Is rated to
be an eminent authority on all matters ;
pertaiainj; to maritime law. not only j
a it effect labor In general, but all
tber relating uuestlous. He has a j
general knowledge and a deep interest j
la the great movement of labor as a ,
whole. In lWtk before the committee ',
oa judklary of the house of represent
atives. Mr. Funiseth made use or the
following language:
"Let Is be clear In tbe minds of this
committee and of congress that labor,
organised and unorganized, does not ask
for tbe destructiou of the injunction as
tt rightly aiiUies to the protection of
property- We do protest against, and
resent tbe perversion of tbe equity
power, glaring examples of which you
have here in your records. You seek
our reasons for asfciug legislation to
restrain judicial abuses of the equity
power In labor disputes, t am mm
missioned by laboring men to preseut
soce of their rvasons. We feel strong
ly tU question You have bad it
vader t-vusideratioa for years, and be
fore this committee makes Its recom
aendarK'ns to the bouse I want to
sake snggestioBs which 1 believe will
jn to the bottom of this subject.
The one man power to enjoin, to
rurbSd. to legislate, except as used by
tbe fathers, was. we think, first con
ferred upon the Roman tribunes, elect
ed for one year, to be used to protect
tbe plebeians against the patricians.
This power was absolute and irrespon
ihle. "Trader the name of equity this abso
lute power was adopted into oar sys
tem, bat only In the form and for tbe
parpoe then used tn England. It was
conferred upon our federal judges,
who are appointed for life. We sof
ter under the misuse of this power.
We believe it has been unduly extend
ed We come to you to submit our
complaint, and tt Is not that tbe judges
have not power enough, but that they
are exercising powers which we be
lieve tbey have not. We fear this pow
er; we feel Its results. From what we '
have seen we believe It capable of in
finite extension when permitted to go
beyond the boundary set at its adop- ;
tloa Into our system.'
After referrin to the terrible condi
tions which existed in England prior
to the time the trade union acts were ,
passed Mr. Furoseth said:
"Tbe polltk-al. social and Industrial
condition of tbe Cnited States have
throughout been patterned upon those
of England. We copied from England
the common law, our system of juris
prudence, with the bill of rights and
the powers of the Judges. Our Indus
trial system ia taken from England
and has followed tbe English lines In
Its devetopment. Here, as tn England,
aea quit work as Individuals, but
found the quitting Ineffectual. Here,
a there, they came together in volua
tary associations and quit work tn uni
son until their grievances sboq! be
redressed and tn doing so found them
selves violating statsies or judicial de
Ctelo designed purely to keep labor
cheap. i
"Constant agitation, repeated viola
tions and punishment gradually mold
ed a public opinion that compelled a
Una 1 recognition of men's right to quit
work collectively to strike. Statutes
and decisions treatiug tbe strike as j
conspiracy were repealed or became
obMdete. Meu who had struck en
deavored to persuade fellow work meu
n to take their r4ace-thl In order
. ..?.-,w.n, r tfw. tr,,.,Ki-
and when adjustment did not. follow.
appeaH were mde to the public to
cea'W rlvltm patronage to tbe nnfa'r
firm that H. tbey levied a boycott oa
the frra la quetHn. The- th two
main weapons of organized Utbr came
tnto u. and as they grew old and
nacre systematic they became o effec
tive that the employer was looking for
some remedy, and from out of the
.lumber roots of the past came the In
junction as tt was when nnst abused
by tbe court of star chamber that is.
It came a a proclamation by the court
forbidding the workers t perform
some specified or uneclrted acts of
which the employer complained, on
rvsio of Iteinc puuished for contempt
of court. This wears to be what the
injunction is nowadays, when used tn
tabor dispute.
"There wa a time when the court of
star chamber was used hi England as
our courts are now beiug used, to for
bid the doing and then punish dis
obedience without trial by jury In any
nd every direction. Personal liberty
was at the whim and caprice of this
court, but the English people would
oot ti nt tolerate any such use of royal
mww The newrvle abolished the court
of -war chamber and compelled the
king tn sign tbe bill of rights. It he-
came the fundamental principles of
ham-ery. r equity, that-
"First. It was t le exercised for
the protection f property rights only.
"Second.-ne who would seek Its
aid must come with clean bauds.
"Third. Tbee must be do adequate
remedy at law.
"Fourth. It must never be used to
curtail personal rights.
"Fifth. It must not be used to pun
ish crime.
"If injunctions wlii.h nowadays are
issued in disputes between employers
aud employees can stand the test of
these principles our complaint should
be against the law. If they cannot
theu we have a just complaint against
the judges who. either from iguorawe
or mistakeu zeal for public order aud
I cheap labor, misused that power act
' as a sovereign in issuing his procla-
niatious.
i oKnvM ruf- tiioAihur in rAlnnrn
.j,, n,. briu ,oeir ,iev.
ances for the management. They
aPe refused, and to enforce their pert-
tion they use their right to quit work.
They publish the facts of the disagree
ment. Tbey induce or endeavor to in
duce other workers to make common
cause with them. Tbey are success
ful to such an extent tb-t production
Is partially stopped. The company en
deavors to gel other meu. and the men
on strike appeal to the public to re
frain from purchasing commodities
manufactured by the firm. Sales of
stock decrease. Tbe company then
goes to some judge and appeals to him
to use tbe equity process to protect
what he calls its property. It sets
forth that it has tbe land, tbe appli
ances, raw material, contracts to deliv
er goods, but owing to conspiracy on
the part of labor it has been unable
to get workmen and its proierty that
Is. its business is being destroyed.
Tbe Judge takes tbe statement and is- j i
sues an order forbidding tbe workmen i
to Interfere with the business of the
. firm. Has any judge the right to use
the equity power in this way? Work- I
men have used their constitutional
rights as citizens, freedom of locomo
tion or assembly of speech and the
' press. They have not destroyed any
tangible property. They have neither
,' interfered nor threatened to interfere
with any property. But the attorney
, for tbe plaintiff sets up the idea that
the earning power of property is prop
erty that is. business is property. Tbe
earning power of tbe plant depends
upon labor, and sales deend upon pat-
ronage. The firm can have no prop
; erty right la labor, because that Is In
herent In toe laborer and would mean
property right la the laborer. Tbe firm
! has no vested right In tbe patrouage of
tbe public. Tbe patronage Is tbe free
. act of tbe patron. Cnder our system
It Is a new doctrine that the ownership
of a store carries with It a vested
, right in the patronage or that tbe
ownership of a factory carries with it
the Tested right to so much labor and
at such prices as will make it profit
able. Such doctrine followed to Its ;
, logical conclusion would destroy all
j personal liberty, transform existing so
ciety and re-establish tbe feudal sys
tem. MINE WORKERS' WAGES.
i
Anthracite Men Still Getting Benefits
of Big Strike. i
Com pa rations have been made to '
bow what the anthracite mine work-i
ers have received as a result of the !
sliding scale established by the strike
commission which President Roosevelt I
appointed in 1902. The sum Is S2S.- j
293.442. This Is in addition to the;
general 10 per cent wage Increase j
which the comission granted. It is due 1
to the automatic advance In the pay of :
labor from every rise above $4-50 a ;
ton in the tidewater price of coaX j
Tbe commission, after granting the '
flat 10 per cent Increase, decreed that
for every 5 cent rise In tbe price of
coal above J-l.oO the wages of the ,
doe workers should be Increased by
1 per cent. For example. If the aver
age price Is W.SO in September the
men get n fi per cent increase for that
month. Tbe advance applies to all j
Classes of employees.
The marketable output of anthracite
since tbe sliding scale was established
has amounted to o44.104.fi70 tons. Tbe
average increase from the operation of
the scale has been rents a ton.
making a total of $93.4 .
; A Prosperous Union.
The Boston cignrniakers have the
ttv nrtNtHA. I.. . K .. . 1
, . " " "" -"u
I reee' coer weekly wage per
member than do th" members of any
other rlgarmakers union In tbe coun
try.' said Iiavid ftoldsteJn. an execu
tive oflW-er hi the Boston Clgarmakers
union. The wage for the ctgarmak-
ers WHO JKMlVl !-f wr ami tha
...... .- .
average was about S1.O00 per member,
The average in the Tutted States Is
not over $6W a year. Tbe Boston
Cigaruiakers union, besides advertis
ing tbe rigamiakers" label In the press
and elsewhere, has a representative
hi the Boston chamber of commerce,
whose business it Is to boost the la
bel. In connection with our member
ship In tbe Boston chamber of com
merce we have each year an exhibi
tion of the various kinds of cigars
made tn Boston, with a member of
the union present to tell visitors the
difference between the various shapes."
Death Toll of Railroads.
The new order passed by the Inter
state commerce commission requiring
reports of all accidents on railroads
which result in the death of one or
more persons, which went into effect
on July 1. Is bringing to public notice
the frightful extent of the toll the rail
roads levy on human life in this coun
try. Up to July 13 the reports sent to
" lue commission snowea a aally aeatn
J 1151 or thirty men due to railroad accK
; dents. It Is not believed that any
other country shows such a terrible
stale of disaster on its transportation
When, and it is high time for our gov-
ernment to take steps to lessen this
i awful sacrifice of me.
r
1705
it
WHAT THE PUBLIC WANTS
for toe
It hi a regrettable
speaker at a RepobUoaal banquet tn
Fort Wayne, that the moat popular
mea are not neoesaerUy the best men.
the most popular books are not the
beat hooka, and the most popular
plays are not the best ptakje.
"Even In anoodotea,' ouuBnued the
speaker, "the public T i H i la bad. Ill
tell you the kind of anonrtoto th pub
lic wants.
A Boston tan was abowtae his two
uiwv isw UlIUUU UQ
j In Westminster abbey.
little girls through the poets corner
Bessie, the
older of the two little girls, carried
a rose In her band. When they cams
to the marble efflgy of Longfellow.
Bessie rose oa tiptoe and reverently
placed her rose 'In a fold of the poet's
marble drapery.
"As the Bostonlan departed he
missed his golden-hatred younger
daughter. Turning back, he saw her
still lingering before Longfellow's
bust. Then as he regarded her. she
drew herself up on her tiny toes and
placed something that glittered he
side her sister's red rose. And. smil
log happily, she ran to her father.
" "What were you doing, dear one?
the Bostonlan asked.
'Bessie had a rose and I hadn't
nuffing. said the little golden Thai red
darling. so I hit off one of my curls
and gave Mr. Longfellow that."
Queer Guy.
Willis Bumpus is one of the odd
est men I ever saw.
Gillis How so?
Willis Why. when a fellow borrows
a quarter and doesn't pay It back.
Bumpus finally admits that It Is the
quarter he cares about, and not the
principle of the thing. Puck.
Popular Taste la Not mi ayi
Beat in Books Ptejni or t
ocootee.
Maupin-Shoop Publishing Co.
Successors to
Wageworker Publishing Co.
Printers and Publishers
There is nothing in the line of
GOOD PRINTING
we cannot do promptly and to your entire
satisfaction.
Everything about our printery is new and
of the latest designs. Not an old font of type
or a bit of old machinery in the shop.
Will
A Journal
O STREET
NOTICE OF INCORPORATION.
Notice Is hereby given that the un
dersigned have associated themselves
together for the purpose of forming
a e rpo ration under the laws of the
state of Nebraska.
The name of the corporation shall
be tne Manpin-Schoop Publishing Com
pany.
Its principal place of business is
Lincoln. Lancaster County. Nebraska.
The business of said corporation is
to do a general publishing and print
ing business and any and all things
necessary and consistent tuerewith.
including the right to buy and sell
real estate.
The authorised capital stock is five
thousand dollars, divided into shares
of fifty dollars each.
Said corporation shall commence
business on August 7th. 1911. and con
tinue for twenty years, unless sooner
dissolved by a majority vote of its
stock, or by process of law.
The highest amoun of indebted
ness to which it shall at any time
subject itself shall not exceed two
thirds of its authorized capital stock.
The affairs of the corporation shall
be governed by a board of four di
rectors, who shall have power to
elect from among their own number
a president, vice-president, secretary
and treasurer.
Dated this 5th day of August. 1911.
WILL M. MAUPIN,
FRANK L. SHOOP.
25-5
LEGAL NOTICE.
Seth W. Lowell, will hereby take
notice that William Foote has filed
his petition and commenced an ac
tion in the District Court of Lancas
ter County, State of Nebraska, enti
tled "William Foote, Plaintiff, vs.
Seth W. Lowell, Defendant," and
plaintiff has filed affidavit therein
that the defendant is a non-resident of
the State cf Nebraska-
The object and prayer of said ac
AUTO 2748
Maupin's Weekly
of Cheerful Comment. For People Who
Think and Boost
ONE DOLLAR A YEAR
tion is to recover the sum of S176 45,
with interest at the rate of six pei
cent per "nnm from the seventh day
of March, 1890, upon a promissory
note that plaintiff has caused to be
attached in said action, the undivid
ed one-third interest in Lot Four (4),
Block Two (2). Trester's Addition to
the City of Lincoln, Lancaster Coun
ty, Nebraska, and the undivided one
third interest in Lot Eight (8), Block
Forty-three (43) in University Place,
Nebraska; that the defendant Is re
quired to answer the petition of the
plaintiff on the ninth day of October,
191L
24-4 SETH W. LOWELL,
By -TTBBETS & ANDERSON.
. Attorneys.
NOTICE TO NON-RESIDENT DE
FENDANT.
September 15, 1911.
To Harry B. Gilson.
You are hereby notified that the
plaintiff, Grace M. Gilson filed her
petition in the District Court of Lan
caster County, Nebraska, on the 16th
day of May, 1911, praying for a di
vorce from you on the grounds of wil
ful abandonment and non-support and
she also prays for the custody of your
minor child Marguerite Gilson. Now
unless you answer said petition on or
before the 6th day of November, 1911,
said petition will be taken as confess
ed and the prayer of the petition will
be granted.
GRACE M. GILSON,
By Tyrrell and Morrissey,
26-4t Her Attorneys.
Too Practical an Argument.
"Who was it." shouted the suffragist
leader, "who was It that did most to
elevate woman?"
-Why. the man who Invented those
high French heels." said a vole In
her audience.
Then the meeting adjourned.
tt
GLOBE HOTEL
E. WESON. M m '
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hars
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