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The Commoner.
VOLUME 12, NUMBER 45
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judge to set forth in the order his reasons for
granting it. These wore provisions in the Clay
ton bill.
The now rule on injunctions provides:
"No preliminary injunction shall le granted
without notice to the opposite party, nor shall
any temporary restraining order be granted
without notice to the opposite party, unless it
shall clearly appear from specific facts shown
by affidavit or by the verified bill that immedi
ate and irreparable loss or damage will result
to the applicant before the matter can be heard
on notice.
"In case a temporary restraining order shall
be granted without no' ice in the contingency
specified, the matter shall bo made returnable
at the earliest possible time, and in no event
later than ten days from the date of the order,
and shall take precedence of all matters, except
older matters of the same ctaractor. When the
matter comes up for hearing the party who
obtained the temporary restraining order shall
proceed with his application for a preliminary
injunction and if ho does not do so the court ""
shall dissolve his temporary restraining order.
"Upon two days notice to the party obtain
ing such temporary restraining order, the
opposite party may appear and move the dis
solution and modification of the order, and in
that event the court or judge shall proceed to
hear and determine the motion as expeditious
ly as the ends of justice may require. Every
temporary restraining order shall bo forthwith
filed in the clerk's office."
The new rule follows in a general way the
rules of the federal court in the Ninth circuit,
which comprises the Pacific coast states. .
Samuel Gompers, president v.f the American
Federation of Labor, had this to say about the
anti-injunction rule:
"It ia a step in the right direction and one
of the things labor has long been fighting for."
During the campaign of 1908 James W. Van
Cleave, president of the National Association of
Manufacturers, issued a statement denouncing
Mr. Bryan's platform, particularly with refer
ence to the plank relating to injunctions. Mr.
Bryan issued a statement in reply in which ho
said: "This plank declares thatpartles to all
judicial proceedings should be" treated with
rigid impartiality and that an injunction should
not Issue in any case in which an injunction would
not lie if no industrial dispute were involved.
Do the business men insist upon partiality in
judiciary proceedngs? Do they insist that the
mere fact that there is an industrial dispute
should justify an injunction? That plank does
not attempt to interfere with the issue of an
injunction where other conditions justify It,
but it does oppose the issue of an injunction
merely for the purpose of bringing the court
into the discussion of an Industrial dispute.
What proportion of the real business men of
the country find a menace in this part or any
other part of the labor plank of the demo
cratic platform?
"Mr. Van Cleave asserts that this plank
arouses a 'class spirit,' and constitutes a demand
for 'class favors.' But this is not true. It is a
declaration that the writ of injunction should
not be used for the purpose of creating a class
or favoring a class. The laboring men resent
an attempt to discriminate against them in favor
of an.y other class.
"Mr. Van Cleave is entirely too narrow in his
definition of the business man, and he does the
business man an injustice in assuming that his
waking hours are filled with fears of the wage
earners and that his night's rest is broken by
imaginary disputes with those who toil. The
business man is an important factor in society
more than that, he is a necessary factor, and the
democratic party has not overlooked him. The
democratic platform is broad enough for all to
stand upon. It breathes the spirit of reconcilia
tion between labor and capital; it pleads for
harmony between all elements of society and
urges co-operation in the work of advancing
civilization. The business man is one of the
common people; his interests are interwoven
with the interests of the masses, and Mr. Van
Cleave will fall in his appeal to class spirit and
in his effort to array the business men against
the reasonable and necessary reforms to which
the democratic party is pledged."
IN COMPLETE POWER
The democrats will cpntrol a safe majority in
the senate as well as in the house. With Wil
son in the White House this puts our party in
complete control of the government. Now let
the democratic party vindicate its claims as the
genuine champion of popular government.
STATEMENTS BY WILSON AND MARSHALL
On the day following the election, Governor
Wilson issued tho following statement:
"The result fills me with the hope that the
thoughtful progressive forces of the nation may
now at last unite to give the country freedom
and enterprise, and a government released from
all corporate and private influences, devoted to
justice and progress.
"There is absolutely nothing for the honest
and enlightened business men of the country
to fear.
"No man whose business is conducted with
out violations of the rights of free competitiori,
and without such private understanding and
secret alliances as violate the principle of our
law and the policy of all wholesome commerce
and enterprise, need fear either interference or
embarassment from the administration.
"Our hope and purpose is now to bring all
the free forces of the nation into active and
intelligent co-operation, and to give to our pros
perity a freshness and spirit and a confidence
such as it has not had in our time.
"The responsibilities of the tax are tremen
dous, but they are common responsibilities which
all leaders of action and opinion must share.
And with the confidence of the people behind us,
everything that is right is possible. My own
ambition will be more than satisfied If I may be
permitted to be the frank spokesman of the
nation's thoughtful purposes in these great
matters."
Governor Marshall issued this statement:
"The democratic victory of today will result in
a "restoration of representative government in
America if democratic officials, both state and
national, shall constantly remember that execu
tive duty consists in the enforcement of the law
and in the insistence upon legislative compliance
with democratic platform and principles; if
legislative representatives will remember that
they are to represent the people and not any
Interest whatever, and will be zealous to formu
late in legislation the principles either enunci
ated in democratic platforms or growing out of
the basic principles of Jeffersonian democracy,
and if judicial representatives will give us the
perfection of reason in the light of today and
not in the light of two centuries ago, and shall
be content to construe and not make statutory
law.
"The principles of democracy, finding their ex
pression in representative government, are now
upon trial. This is the last chance that will be
given the officeholder to prove himself the ser
vant and not the master of the people, unless
he really serves. Failing to guarantee honest
individual opportunity to everv man. unhindered
and unhelped by law, the people will pronounce
representative government a failure and will
seek expression of democratic doctrines under
some other system.
"The party appreciates the gravity of the
situation and the sacred burden which it bears.
It. enters not carelessly but reverently upon the
discharge of its duties; it has faith in the people,
hope for the future and charity for the wrongs
and errors of the past. It enters confidently
upon its great mission with malice toward none
and charity for all. It seeks peace, not war,
but it knows that peace can only come when
accompanied by her hand maidens, justice and
mercy."
HISTORY REPEATS ON MINORITY VOTE
Following is an editorial printed in the St
Louis Post-Dispatch: President-elect Wilson is
not alone among his predecessors in failing of a
majority in, the popular vote while commanding
an enormous plurality and winning more than
thrpe-fourths of the electoral college.
Within the time when electors have been
chosen directly by the people, John Quincy
Adams in 1824 gained the presidency without a
majority either of the popular or the electoral
vote. James K. Polk in 1844 had nearly two
thirds of the electoral college, but a minority of
tho popular vote. Zachery Tavlor in 1848 was
out-voted by the democrats and free soilers
Franklin Pierce had nearly three-fourths of
the college in the great democratic sweep in
1852, but a popular majority of only G3 000
James Buchanan in 1856 was In a nonular
minority. yuyuiar
Abraham Lincoln in 1860 was heavily in a
popular minority. Hayes in 1876 lacked both a
popular plurality and majority. Garfield in 1880
had a plurality of about 7,000 and was in a mi
nority of over 300,000. Cleveland in 1884 was
in a small minority, though barely elected, and
in 1892 was in a minority of nearly 1,000,000
when the democrats swept the country. Harri
son in 1888 was elected by a minority of n,,,
total popular vote J ol the
The present situation is more exactlv mm
parable with that of 1852, when the wine t,ar?:
went to pieces, and that of 1860 when the demn
cratic party went to pieces. It is the republican
party which now breaks up and it is largely for
the democracy again In power to determine how
long the republican party is to remain a divided
majority or a united minority under that or
another name.
INCOME TAX
A Washington dispatch to the New York
World, says: Formal notice of the ratification
by the state of Louisiana of the income tax con
stitutional amendment reached the state depart
ment recently. Thirty-three states have given
notice of their approval of this amendment and
the department is daily expecting notice from tho
.state of Ohio, whoso legislature has already
acted favorably.
The affirmative votes of only two states are
now necessary to, make the three-fourths re
quired by the constitution for tho adoption of
the amendment. It is not doubted here that tho
necessary votes will be forthcoming during tho
coming winter sessions of the legislatures of tho
following ten states which have not yet acted
upon the amendment: Delaware, Florida, Mas
sachusetts, New Jersey, New Mexico, Pennsyl
vania, Vermont, Virginia, West Virginia and
Wyoming.
Only two states Minnesota and Massachu
setts have so far acted upon the amendments
submitted to them by congress providing for the
election of United States senators by popular
vote.
So favorable is public sentiment to the income
tax that the vote of the necessary states will un
questionably be forthcoming. One by one
democratic reforms are winning their way.
SURELY BLIND
The New York Herald points out that Mr.
Wilson received a minority vote and that tho
Roosevelt and Taft vote combined would havo
elected the man who received It The Herald
says:
"It is our opinion that if Mr. Roosevelt had
acquiesced there would have been a square fight
between Mr. Wilson and Mr. Taft, with the
tariff as the paramount issue, and that the
election would have been very close, and per
haps might have resulted in the re-election of
Mr. Taft."
The editor of the Herald is surely blind.
Nothing could have saved Mr. Taft. If Mr.
Roosevelt had not been a candidate Mr. Wil
son would have received the largest majority
ever given, to any candidate.
UNPRECEDENTED
The Sioux City (Iowa) Journal says: It was
a famous victory. The electoral vote this year
numbers 531, against 483 in 1908 and 447 in
1900. Mr. Cleveland in 1884 won 219 elec
toral votes and in 1892 he carried 277. In 1896
Mr. McKinley gained 271 electoral votes against
176 for Mr. Bryan. In 1904 Mr. Roosevelt won
336 electoral votes to Judge Parker's 140; and
in 1908 Mr. Taft gained 321 electoral votes to
Mr. Bryan's 162. The victory for Mr. Wilson
is unprecedented in. the history of the electoral
college.
THE COLORADO SENATORS
In the selection of John F. Shafroth and
Charles S. Thomas to be United States senators,
the people of Colorado have acted wisely. It
would be difficult for a state to pick a better
team than Shafroth and Thomas. They havo
spent their lives in the fight for good govern
ment and in the United States senate they will
be of powerful assistance to President Wilson.
DEMOCRATIC GOVERNORS
" Tho democrats won many governors at the
1912 election. Here they are: William Sulzer,
New York; James Cox, Ohio; Samuel M. Ralston,
Indiana; John H. Moorehead, Nebraska; Ellas
M. Ammons, Colorado; Edward F. Dunne, Illi
nois; Earnest Lister, Washington; S. V. Stewart,
Montana; Eugene Foss, Massachusetts; O. B.
Colquitt, Texas; George H. Hodges, Kansas.
WOMAN'S SUFFRAGE
Tho woman's suffrage amendment was de
feated in Wisconsin but it carried in Kansas,
Arizona, Michigan and Oregon.
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