Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
Although the injunction was an ancient legal device, it was not until
after the Civil War that it was developed into a powerful instrument in
industrial disputes; and it became particularly effective in the hands
of Federal judges. They were not popularly elected, but were appointed
by the President and the Senate (where corporate influences were ably
represented). Under the provisions of the law giving Federal courts
jurisdiction in cases involving citizens of different states, they were
called upon to intervene with increasing frequency in industrial
disputes, for railway and other corporations usually did business in
several states, and they could generally invoke Federal protection by
showing that they were "non-residents" of the particular states in which
strikes were being waged. Moreover, strikers who interfered with
interstate commerce were likely to collide with Federal authorities
whose aid was invited by the employers affected. Whenever a corporation
was in bankruptcy, control over its business fell into the hands of the
Federal courts.
The effectiveness of Federal judicial intervention in labor troubles
became apparent in the first great strikes of the seventies, when the
state authorities proved unable to restrain rioting and disorder by the
use of the local militia. During the railway war of 1877 a Federal judge
in southern Illinois ordered the workingmen not to interfere with a
railway for which he had appointed a receiver, and he then employed
Federal troops under the United States marshal to execute his mandate.
About the same time other Federal judges intervened effectively in
industrial disputes by the liberal use of the injunction, and the
president of the Pennsylvania Railroad Company pointed out in an article
published in the _North American Review_ for September, 1877, how much
more potent Federal authority was in such trying crises to give railway
corporations efficient protection.
From that time forward the injunction was steadily employed by Federal
and state courts, but it was not until the great railway strike of 1894
in Chicago that it was brought prominently before the country as a
distinct political issue. In that strike, the Democratic governor, Mr.
Altgeld, believing that the employers had fomented disorder for the
purpose of invoking Federal intervention (as was afterward pretty
conclusively shown), refused to employ the state militia speedily and
effectively, contending that the presence of troops would only make
matters worse. The postal authorities, influenced by a variety of
motives, of which, it was alleged, a desire to break the strike was one,
secured prompt Federal intervention on the part of President Cleveland
and the use of Federal troops. Thus the labor unions were quickly
checkmated.
Public-domain text, read in full here on John Shaqi.
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