Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
It must seem incredible that the cultured and talented man who now
stands on the Progressive platform soliciting the votes of the people
was the President of the United States who in a formal message to
Congress on January 31, 1908, on the subject of injunctions in labor
disputes, used the following language: "Even though it were possible,
I should consider it most unwise to abolish the use of the process
of injunction. It is necessary in order that the courts may maintain
their own dignity, and in order that they may in an effective manner
check disorder and violence. The judge who uses it cautiously and
conservatively, but who, when the need arises, uses it fearlessly,
confers the greatest service upon our people, and his pre-eminent
usefulness as a public servant should be heartily recognized."
During the campaign of 1908, President Roosevelt fiercely denounced
Mr. Bryan and Mr. Gompers for the plank above quoted but which he
has now adopted. He then wrote a long letter to Senator Knox in
which he exposed the danger and dishonesty of this plank. It would
be necessary to read the whole of the letter in order to appreciate
President Roosevelt's indignation and horror that Bryan and Gompers
should favor such a proposition. I shall quote only a few sentences as
samples of the whole. President Roosevelt then wrote as follows: "This
is the plank that promises the 'remedy' against injunctions which Mr.
Gompers asked of Mr. Bryan's party. In actual fact, it means absolutely
nothing; no change of the law could be based on it; no man without
inside knowledge could foretell what its meaning would turn out to be,
for no man could foretell how any judge would decide in any given case,
as the plank apparently leaves each judge free to say when he issues
an injunction in a labor case whether or not it is a case in which an
injunction would issue if labor were not involved." Later the President
continued: "Mr. Gompers, now Mr. Bryan's open and avowed ally, has,
in the letter here quoted, attacked the federal courts in unmeasured
terms of reproach because, by a long line of decisions, the equity
courts have refused to make an outlaw of the business man, because his
right to carry on a lawful business under the peace of the law has
been protected by the process of injunction, because in a word one of
the most vital and most fundamental rights of the business world--the
right of a business man to carry on his business--has been sustained
and not denied by the processes of the courts of equity. This sweeping
attack of Mr. Gompers upon the judiciary has been made in a frank and
open effort to secure votes for Mr. Bryan." Mr. Roosevelt concluded the
letter as follows: "But there is another account against Messrs. Bryan
and Gompers in this matter. Ephraim feedeth on wind. Their proposed
remedy is an empty sham. They are seeking to delude their followers by
the promise of a law which would damage their country solely because
Public-domain text, read in full here on John Shaqi.
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