Debs: His Life, Writings and Speeches, with a Department of AppreciationsDebs, Eugene V. (Eugene Victor)
History
Debs: His Life, Writings and Speeches, with a Department of Appreciations
Debs, Eugene V. (Eugene Victor)
Socialism -- United States; Socialist Party (U.S.)
Judge Jenkins gave the employes no hearing, no notice, no consideration.
He simply ordered their wages reduced and told them that if they quit
work he would send them to jail. This is the order—and a beautiful order
it is in a land of boasted freedom—that Judge Jenkins now says has been
vindicated and that the precedent then established by him is now
followed by all courts. He is right. The evolution of the injunction has
indeed been swift and what was regarded as exceedingly novel and
venturesome a decade ago is now securely incorporated in our established
system of capitalistic jurisprudence.
The late Judge Dundy, of Omaha, notoriously the creature of the Union
Pacific, issued the order reducing wages on that system when it was in
the hands of receivers appointed by him, but Judge Caldwell, who was on
the Circuit bench and had prior jurisdiction, took the case away from
Dundy, had the employes come into court and be heard, and, after hearing
all the evidence, revoked the order of Dundy, restored the wage
reductions and administered a scathing rebuke to the receivers.
Judge Caldwell was appointed to the Federal bench by President Lincoln.
They don’t appoint that kind of judges any more.
Such eminent lights as Dundy, Jenkins, Ricks, Taft, Ross, Woods,
Grosscup and Kohlsaat now illumine the Federal bar and all their names
are immortally associated with the evolution of the injunction and the
subjugation of labor by judicial prowess.
One of the first and most illustrious in this line is Judge Taft, who
won his spurs in the Toledo, Ann Arbor & North Michigan case. He has
been a prime favorite with the corporations ever since, is now in the
cabinet, and is being groomed for the presidency. As a candidate for the
white house he has the two essential qualifications—unswerving loyalty
to capital and unmitigated contempt for labor—and this should and
doubtless will secure his nomination and election by an overwhelming
majority.
In his published interview, Judge Jenkins, discussing his Northern
Pacific injunction, says:
“Within the last twelve years, by reason of popular discontent at legal
restraint, the issuance of this writ has been designated opprobriously
as ‘government by injunction.’ Well, it is in a true and proper sense
‘government by injunction,’ for it is a government by law. The remedy
has long existed and will exist so long as government by law continues,
so long as we have liberty regulated by law, and not irresponsible,
uncontrolled license to exercise one’s sweet will without regard to
others’ rights, which is anarchy, and no howling of the mob can ever
abolish it until government by law is wrecked and ‘chaos is come
again.’”
Public-domain text, read in full here on John Shaqi.
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