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About The Wageworker. (Lincoln, Neb.) 1904-???? | View Entire Issue (Aug. 12, 1910)
Issuance In Labor Disputes Not
Based Upon Law.
PENIES TRIAL BY JURY.
Writ Intended For Protection of Prop
arty Right Alone. Not to Curtail
Human Rights A Specie of Ju
la every respect In which the Injunc
tion Is issued agniust the working peo
ple. It is based upon tbe assumption
ttiHt tbere is some form of property
riyut which the employer or business
man hn Id tbe labor or tbe patronage
of worklnstnen. so as to make tbe con-lui-t
of tbe business profitable. Upon
no other premise is It possible that tbe
injunctions about which labor con
pmlns are obtained. If there be any
allegation of violation of law. either
criminal or civil, tbere Is an ample.
adequate remedy provided, and wblcb j
labor insists should be Invoked.
Tbe writ of Injunction was Intended
to be exercised for tbe protection of
property rights only. He who would
seek Its aid In equity must do equity
and must come Into court with clean
bands. It must never be used to cur
tall personal rights. It must not be
used ever In an effort to punish crime.
There must be no other adequate
remedy at law. It must not be used
as a means to set aside trial by Jury.
Injunctions as issued against work
men are never used or issued against
any other citizen of our country. It Is
an attempt to deprive citizens of our
country, when these citizens are work
men, of tbe right of trial by Jury. It
Is an effort to fasten an offense on
t bem when they are innocent of any
unlawful or illegal act. It Is an Indi
rect assertiou of a property right in
men when these men aVe workmen
engaged in a lawful effort to protect or
advance tbelr natural rights.
Injunctions as issued In labor dis
putes are to make outlaws of men
when tbey are not even charged with
doing things in violation of any law of
state or nation. The injunctions which
Ue courts Issue against labor are sup
posed .by tbeoi to be good enough law
today, when tbere exists a dispute
between workmen and their employ
ers: but it Is not good law In fact. Is
not law at all tomorrow or next day
when do such labor dispute exists.
Tbe Issuance of Injunctions in labor
disputes Is not based upon law, but Is
a species of Judicial legislation, Judicial
usurpation, in tbe Interests of the
money power against workmen inno
cent of any unlawful or criminal act.
The doing of tbe lawful acts enjoined
by tbe courts renders the workmen
guilty of contempt of court, and pun
ishable by One or Imprisonment, or
both. - In all tilings In which work
men are enjoined by the process of an
injunction during labor disputes If
those acts are criminal or unlawful,
tbere Is now ample law and remedy
covering them. From tbe logic of this
there la do escape.
No act Is legally a crime unless tbere
Is a law designating It and specifying
it to be a crime. . No act Is unlawful
unless there Is a law on the statute
books designating and specifying It to
be unlawful. " Hence, it follows that
do act Is criminal or unlawful unless
tbere is a law prohibiting Its commis
sion. We assert - that labor asks no
Immunity for any of its men who may
be guilty of any criminal or unlawful
act; It Insists upon the workers being
regarded and treated as equals before
too law with every other citizen; that
if any act be committed by any one of
our number, rendering him amenable
to tbe law, he shall be prosecuted by
tbe ordinary forms of law and by tbe
due process of law, and that an In
junction does not lawfully and prop-
erly apply and ought not to be Issued
Id such eases. Tbe injunction process,
as applied to men engaged in a dispute
with employers. Includes tbe allegation
of crimlnnl or unlawful acts, as a mere
pretext, so that the lawful und lnuo
ceiit acts in themselves iniiy also be
incorporated mid covered by the
blHnket Injunction. And the perform
ance of the lawful aud Innocent nets
in themselves, despite the Injunction,
reudcrs them nt once guilty of con
tempt of the court's order.
Labor protests against the issuance
of injunctions lu disputes between
workmen und employers where no
such Injunctions would be Issued in
tbe absence of such disputes. Such
injunctions have no warrant iu law
and are the result of judicial usurpa
tion and judicial legislation rather
than of congressional legislation. Labor
protests against the discrimination of
the courts agalUBt tbe laboring men of
Mir country- which deprives them of
- Ihrir constitutional guaranty of equal
fcy before tbe law. - The Injunctions
against which we protest are flagrant
ly and without warrant of law issued
almost dally in some section of our
couutry and are violative of the funda
mental rights of mau. When better
understood they will shock the con
science of our peopb. tbe spirit and
genius of our republic. We shall ex
ercise our every right, and in the
meantime concentrate our efforts to
secure the relief and the redress to
which we are so justly entitled. Not
' only In our own interest, but in the
' Interest of all tbe people of our coun
try, for the preservation of real liberty.
for tbe elimination of bitterness and
" class hatred, for tbe perpetuation of
all that Is best and truest, we can
never rest until tbe Inst vestige of this
Injustice has been removed from our
public life. Samuel Gompers In Amer
UNIONISTS AT HEART.
All Wageworkera Are In Sympathy
With Organized Labor.
The Washington reporter who re
cently interviewed h leading official of
one of the few international trade
unions winch are not atliliated with
the American federation ot Labor,
brought Into print some remarks by
that ollii-i.-il that Have their signifi
cance. After say inn that the prin
ciples of organization were prac
tically the same as those of other
labor organizations, but it cannot
agree with all that the federation calls
for. he told the reporter that be sup
posed that lit) per cent of the working
meu of this country are not members
of labor organizations, but that did not
mean tbey were opposed to unions.
"A large proportion of the men are in
sympathy with organized labor." he
assured his interviewer. Of the latter
statement there Is no doubt In the
tniuds of really unprejudiced ob
servers. It may be said that all but a very
small per cent of workinguien rejoice
at every success of the trade unionists,
and tbey expect to be in tbe unions
themselves sometime. But many of
them live In small communities, apart
from tbe movement toward trade or
ganization, and also In a relationship
with employers that resembles that ex
isting when industry on a large scale
was not yet developed. The sympathy
of a goodly proportion of those who
might be In tbe unions, but who re
main outside, is not strong enough to
stir tbem out of an apathetic state un
til tbe time comes when tyrannical
employers aud wage cutting methods
convert them suddenly Into strikers.
As to nouunionists on principle, the
number must be inflnltesiuially small.
To mention "principle" in connection
with the professional strike breakers
would be n grotesque abuse of the
To argue that the employees of cer
tain large concerns are nonunlonists
inasmuch as tbey are unorganized is
to run tbe risk of seeing tbe argument
overturned at a day sooner or later, as
It has been repeatedly in other cases.
All worklngmen yearn for fellowship
with their wage earning coworkers.
Tbe injustices at tbe basis of society
force them to look for relief In common
action, and tbe first natural step In
any occupation is to act together and
face tbe employers with demands to
which the tatter can accede.
Tbe theory that all wageworkers are
at heart trade unionists becomes to
union organizers In tbe course of their
experience a matter of actual knowl
edge. To .tbem all nonunlonists are
Intending recruits, awaiting a propi
tious hour to enlist, and every nonunion
establishment is but temporarily out
side territory awaiting to be annexed
to tbe domains of organized labor.
RAILWAY MEN ADVANCED.
Increase In Wage on Roads In South
K. P. Curtlss, vice president of the
Order of Railway Conductors, has an
nounced the basis of the Increase of
pay to be given to conductors, flag
men, brakemen and traveling baggage
masters of railroads in southeastern
territory involved in the wage contro-,
versy just settled by. the commission
under tbe Brdman act. Tbe Increases-.
will be allowed In two Instalments.
The first Is dated back to take effect
from July 1 and the other Is to go into
effect April 1 next.
The following is tbe increased new
scale on the basis of 100 miles:
Conductors of passenger trains ftam
$2.20 to $2.50. and on April 1. 1911.
Traveling baggage masters from
$1.10 to $1.35, aud later $1.55.
Passenger flagmen and brakemen
from $1 to $1.32. and later $1.50.
Conductors of through freights from
$3.18 to $3.55, and later $3.73.
Brakemen and flagmen on through
freights from $1.75 to $2.33, later $2.50.
Conductors on local freights from
$3.80 to$4.15. later $4.23.
Brakemen and flagmen on local
freights from $2.:50 to .$.(!3. later $2.75.
" ' The Label In Demand.
George W. Perkins, international
president of the Cigar Makers' uuion.
with counsel, visited York. Pa., re
cently to Institute legal prosecutions
against numerous cigar manufactur
ers lu that vicinity who have been
counterfeiting or Imitating the Cigar
Makers' union label. The fact that
some unscrupulous nonunion employ
ers resort to counterfeiting the union
Inbel proves, first, the unworthy char
acter of such employers and, second.
that the union Inbel, In spite of the
rabid utterances of such men as Klrby
and Post. Is In demand. More power
British Labor Party.
A renort of the British Labor party.
to be presented to the International
congress at Copenhagen, shows that
the total strength of the party last
vear was 1 .481.308. The total consist
ed of 1,443,70.8 members of 101 trade
unions. 30,982 members of Socialist so
cieties, 4.000 members of the Women's
Labor league and 078 co-operators. In
1908 the strength was 1.152.78G. , Dur
ing 1909 the Miners' federation, with
a membership of 550,000. was affiliated.
The strength in 1909 was only 375,931.
' Home For Marble Workers.
A home is to be established in Cali
fornia for the aged and infirm mem
bers of the international Mable Work
ers' union. President Frederick Mc
Glade of the Sau Francisco local has
been selected to report upon an eligible
site. It Is considered probable that the
home will be located in the vicinity of
Ha Is Hospitable, but Dearly Loves the
To listen to a . Bulgar singing Is to
make one's flesh. . creep or want to
weep. The centuries of '.ruel oppres-.
siou are only too manifest In Bulgarian
music and words. - but a Montenegrin
grows restless over his songs and
curses the powers that forbid him to
emulate his forefathers' deeds en
masse across the frontier. He does
so whenever he can. but only In twos
When the Montenegrin goes raiding
across I lie border it is really a more
sporting affair than the well equipped
and organized outings of the Bulgar
"Comitatchls." With him it is usually
a private act of revenge or vendetta
to which he invites one or two friends.
Then they steal across the border at
uigbt. Had their man. do their best to
kill him and then make tracks home
ward with the whole district at their
heels. Perhaps the method of killing
Is not up to the standard of western
sport, for they shoot their victim "sit
ting," so to speak, and do not give him
a chance, but as It Is the recognized
system on both sides little can be said.
This custom mukes men ver. wary,
and the stranger can appreciate the
reason when he sees a plowman, for
instance, attending to his duties with
a rifle slung over his back. But in
spite of this they are the essence of
honor and hospitality. As their guest
no one can come to any harm, and
they will do all In their power to make
his stay among them pleasant and
safe. Wide World Magazine.
His Appeal to Hi Master For Humane
To thee, my master, I offer my pray
er. Feed me and take care of me. Be
kind to me. Do not jerk the reius. Do
not whip me when going uphill.
Never strike, beat or kick me when
I fail to understand what you want of
me. but give me a chance to under
stand you. Watch me, and if 1, refuse
to do your bidding see if there is' not
something wrong with my harness.
.Do not give me too heavy loads. Nev
er hitch me where water will drip on
me. Keep me well shod. Examine my
teeth when I fall to eat. I may have
ait ulcerated tooth. That, you know,
is very painful. I am unable to fell
you In words when I am sick, so
watch me. and I will try to tell you by
Pet me sometimes. 1 enjoy it. and
I will learn to love you:
Protect me in summer from the hot
sun. Keep a blanket on me' in winter
weather, and never put a frosty bit In
my mouth, but bold It In your hands a
I carry you, pull you, wait patiently
for you long hours, day or night. ,1
cannot tell you when I am thirsty;
give me clean, cool water often hi hot
weather. : . . i-
Finally, when my strength Is gone,
instead of turning me over to a hu
man brute to be tortured and starved."
take my life In the easiest, quickest
way, and your God will reward 'you In
this life and In heaven. Amen. From
the Swedish in "Our Dumb Animals."
Bird' Eggs. , r- P
Ostriches lay the largest eggs of all
birds now extant, according to a writ
er in the Scientific American, but the
ostrich's egg would have appeared;
small beside that extinct Madagascar
bird, the epyornis, which measured
more than thirty inches in its small
est circumference. The smallest birds'
eggs are those of the minute species of
humming birds, which are smaller
than the eggs of certain kinds of trop-I me as politely as possible that the
leal beetles. But the cuckoo lays the- general had directed him to bring me
relatively smallest egg that is to say,--j to his headquarters the next day and
while the jackdaw and the cuckoo are ' be. would not dare risk losing me.
about equal in size, the former's- egg is This was equivalent to telling me
five or six times larger than the lat- that I was a temporary quasi pris
ter's. The fact that the cuckoo is oner. Nevertheless I did not think
wont to deposit its eggs in the nests-,
of birds which are usually much small
er than itself doubtless accounts for
this. The relatively largest egg Is laid
by the kiwi, a strange, wingless New'
Zealand bird. The egg is no less thaU
five Inches long, although the extreme
length of the bird itself is only fwen -
Tommy and the Worm.
There were only two pieces of cake
and three hungry boys upstairs throw
ing their clothes ou In the race to get.
down first. Tommy won oitt and rnsh
ed into the dining room breathlessly.
"That's a good boy.. Tommy. The
early bird gets the worm. Take n piece
of cake." said bis mother. , . . ,
Tommy looked at the cake quizzical
ly. Inspecting it from all sides.
"What's the matter. Tommy?" asked
his mother. "What are you trying to
do?" "Say, ma. which piece has the worm
In it?" he inquired soberly. National
The Judge In Danger.
"Prisoner at the bar." said the port
ly, pompons and florid magistrate,
"you are charged with stealing a pig.
a very serious offense in this district.
There has been a great deal of pig
stealing, and I shall make an example
of you or none of us will be safe.''
"What made him angry when he was
telephoning to the lawyers about his
"He was cut off." Buffalo Express.
The Kind It Was-.
"Waiter, this chuck steak I ordered
Is like wood." . . '
"Yes, sah. Dat am woodchucki
steak." Cleveland Plain Dealer. .
Row He Traded In the South During
ti e Civil War and Why He Quit.
By ALBERT CHITTENDEN
Copyright, lsio. by American Press
In PSt;2. u-lieu President Lincoln fear
ed that the want of cotton by the Eng
lish aud other foreign manufacturers
might lead to intervention, he issued
au order lo his generals lo give every
facility in their power, to persons de
siring to purchase the article and per
mit them to ship it on the army wag
ons going north empty for supplies for
the troops. At the time cot to u could
be bought for a song In the south, and
before the war closed It had risen to
a dollar a pound in the northern
I was (hen young and eager to make
money. , Having some capital. I went
down into Virginia and rode among
tbe plantations in tbe neighborhood of
tbe Union armies, buying cotton wher
ever I found an opportunity to get it
within our lines and send it north.
One day I had been out a few miles
beyond the Union vedettes to a planta
tion where I bad been told was stored
a large stock of cotton. There was no
enemy in that direction, and if there
were I considered my vocation a shield
against Interference, for I was a citi
zen engaged in assisting the southern
planters to turn their cotton into mon
ey. I bought fifty bales on condition
that I could get transportation for
them and rode back to the Union lines.
Something about the arrangement of
the camps looked different from what
I bad left. Indeed. I found a great
deal of difference. While I bad been
away the corps I had left had moved
and another had taken its place. Tbe
officer of the picket post would not al
low me to go where I liked, but took
me to the. provost marshal. Major
' I noticed that the moment tbe pro
vost marshal looked at me be gave a
faintly perceptible start. I told him
.who I was and the business I was en
gaged in. He listened to my. story,
then said he would report my case to
the general commanding. He left me
to do so and was going so long that,
tired of waiting. I was about to mount
my horse and ride away when a sentry
I asked him wihy he de
tallied me, and he said that be bad
been ordered not to let me leave till
the provost marshal returned.
' Major Campbell rode up as I was
talking with the sentry. He asked me
f to, come into his tent and, getting out
! the army demijohn, invited me to have
something. He chatted in a familiar
itray) seeming much interested in my
.cotton purchases and asking me a
number of questions pertaining to the
business. He told me that the gen
: eral would like to see me. but was too
ibusy to receive me till the nest day.
! 1 bad left my belongings at a house
a Short distance In rear of the army.
;ttn.d when the conversation lagged I
.arose and said I would ride tbere, re
turn In the morning and call on the
general. Major Campbell said that
tbere was no necessity for me to go
away, since be would be happy to give
me a cot in a tent with a subaltern
'officer and my meals at bis mess. But
I said I wished some clean linen and
would prefer to go. At that he told
much of the matter, for if permitted
to go I might find it inconvenient to
return. In that event the major
would be liable to censure for disobe
dience of orders. . So 1 made a virtue
of necessity, saying that I would be
happy to accept his hospitality.
j During the evening I played the
army game with the major and sev
eral other officers In his teut. the
army game being draw poker, with
greenbacks in lieu of chips. Somehow
it seemed to me that 1 was an object
of interest. Every now and again au
officer would come to the tent to look
ever the game. But. glancing up at
these gentlemen. I Invariably noticed
their eyes fixed on me rather than on
the cards. 1 was puzzled. What was
there about a civilian engaged in cot
ton buying to interest officers of the
army? However, the game interested
me. and speculation of this kind did
not take root iu my mind. We played
till midnight, wheu the party broke
up. and I was couducted by my teut
mate to my place of rest. I noticed
that he kept an eye ou me while I took
off my outer clothing and did not take
It away till 1 stood in my undergar
ments. While going to sleep the circum
stances of my detention, the interest I
bad excited, this watchfulness of my
tent mate, altogether found a firmer
lodgment in my brain. Yet as 1 pon
dered over the matter 1 could not
think, of one act sufficiently noticeable
to signify anything in particular. As
for my visit to the general the next
day. it might be an advantage. I had
expected to arrange for cotton trans
portation with the quartermaster. Pos
sibly I might derive some advantages
by interesting the general in what I
; The next morning I waited till 11
o'clock for Major Campbell to take
me to the general, when, becoming Im
patient, I asked him tbe cause of the
delay. He told me that the general
was busy. I Inwardly cursed these
military nabobs who made every one
await their pleasure and were treated
by their subordinates as princes or the
blood, if not sovereigns. It was not
till 3 in the afternoon that the major
told me to mount my horse and go
' We found the general about to ride
out on a tour of inspection, and 1 was
Invited to join him. I did so. and for.
awhile he kept me beside him, asking
me what seemed to me a lot of stupid
questions. I tried to tell him about
my cotton buying, but he wouldn't lis
ten to it. He seemed more Interested
In learning where I had been during
the day I had come Into his .lines and
the day before that and as far back as
I could remember. Then suddenly he
ceased tb take any further interest in
me or my whereabouts and. calling his
chief of ptaff, waved me back with the
' Major Campbell rode with us why
I didn't know, for he was not of the
general's personal staff. Judging from
his Interest in me. I fancied that he
might have been brought along for the
purpose of entertaining me. He kept
calling my attention to this feature of
the position and telling me things
about the number and disposition of
the troops. They would not have in
terested me in the slightest bad not his
statement of the different divisions and
brigades' he declared' were on the
ground appeared much overdrawn.
But why should he bother me at all
with these matters, and why should he
desire to make it appear to me that
the army was stronger than it really
was? I was a citizen with no military
knowledge whatever and was content
that these fiery soldiers should slaugh
ter one another ad lib. provided I could
make a fortune.
The general called Major Campbell
to him and said something in an un
dertone. Then the major dropped
back beside me. As he left the gen
eral tbe latter said loud enough to be
"That plan would never do in the
world. He who has eyes to see can
see for himself. I'll issue the order as
soon as I get back to headquarters."
I had no idea what this meant, nor
did 1 take any interest in it. 1 was
getting disgusted at being kept idle
all this while by these autocratic mili
tary men. I wanted to get at the
quartermaster, since the general took
no interest iu my business affairs, and
secure transportation for the last lot
of cotton I had bought.
But it terrible surprise was In store
for me.. . We had no sooner got back
to camp than I was placed under ar
rest, with two soldiers standing over
me. ready to shoot me at the slightest
provocation. 1 was not only indig
nant 1 was frightened. No officer
came near me. so that I was unable
to ask any one what it all meant, ex
cept my guards, who told me that all
they knew about it was that they had
orders to shoot me if I made the
slightest move to escape.
The first information as to my real
position 1 received was when an offi
cer approached me aud began to read
from a paper he held In his hands. I
was too agitated at first to listen to
or understand It. but presently I gath
ered from it that I was charged with
being a spy nud was to be tried for
that offense by drumhead court mar
tial that very evening.
Everything now gradually became
plain to me. Ou the supposition, that
I had come into their lines for the
purpose of gaining information the
provost marshal had reported the fact
to the general, leaving word that I
should not be permitted to go away.
The matter of my identity being sup
posititious. I was not to know that I
was suspected until they were sure of
their case. This accounted for the In
terest I had excited and for my tent
mate watching me while 1 took off my
clothes. He wished to know If I was
armed. . Then while on the tour of in
spection they had thought of permit
ting me to go back to where I came
from to report a greater force than
they mustered. But the general had
quashed this plan, saying. "He who
has eyes to see can see for himself."
The order he said he would issue was
I for my trial, which also meant exeeu
i In the evening I was taken into a
large tent where a number of officers
sat around a pine table lighted with
candles. One of them stated that I
had been lurking about their camps
and had been nrrested. But before be
ing placed in proper confinement I had
taken to my heels, tearing up a paper
as I ran. 1 had escaped, but the bits
of paper collected had contained draw
ings of their position and memoranda
of the number of their troops.
. Au officer acted as my counsel, but
as he knew no more about me than the
others his defense was worthless. Un
fortunately 1 had recently sent a lot
of business papers north that would
have proved my identity. As It was
I was mistaken for some one they had
their grip on before and who they sup
posed was still plying his vocation as
spy under the guise of a cotton buyer.
I was condemned to be shot in an
hour. Ten . minutes before tbe time
appointed for my execution an officer
code up and called out:
"We've retaken that fellow who got
away last week. He's been concealed
by a southerner."
The moment he looked at me .he
started back in astonishment.
"I'd have sworn," he said, J'that I
left you only a few minutes ago. You
must be his twin brother."
I was not "his twin brother," but
wheu I saw him the next morning just
before he was shot I saw that his re
semblance to me was remarkable.
I had had enough of cotton buying.
I concluded to go north and recover
from tbe shock I had received.
the dressy man likes to have
special addition to his ward
robe. We have all his re
quirements for outings,
whether in the country or
seashore or, for ocean travel.
Light suits, two-piece suits,
light trousers. Every equip
ment for correct dressing to
suit the season and the
place. Extra good qualities
at extra low prices. .;
All orders ready for delivery
in seven days ; -
Trousers to Order $5.00
133 So. 13th
j. h. Mcmullen, Mgr.
Autoi 2372 BeU 2522
Is a quickand"positive remedyjfor all
coughs. It. stoqs coughing spells at night
relieves the soreness, soothes the irrita
ted membrane and stoqs the tickling. '
It is an ideal preparation for children
as it containes no harmful anodynes or.
25c per bottle
12th and O St
AttOTltinn Money &loafc
HUenuon on chattels.
Plenty of it. Utmost Secrecy.
129 So. i ith St. Kelly & Norris
OFFICE OF "
DR. R. L. BENTLEY,
Office Hours I to 4 p. m. ' i
O fice 21 18 O St. Both Phone
Dr. Chas. Yungblut
ROOM FA r BURR
No. 202 UentlSt a BLOCK
AUTO. PHONE 3416, BELL 656
LINCOLN, -:- :- NEBR-
on household roods, pUmosylOT- .
aoa to. j long or abort time, $Tq
e&tttt SbTteMra. , 1 latere
Inatfraac. No jwWlgity krlUA
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nsflM 1 mm - A
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