Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
I may add that the lawless and violent among the members of labor
organizations will not in the end gain any real liberty or advantage
for the laboring classes, even if they succeed in abolishing the writ
of injunction in labor disputes and with it the power of the courts to
punish disobedience as a contempt of court. Destruction of property
and assaults upon peaceful workingmen cannot permanently be tolerated
in any civilized community. Sooner or later, the government must
afford protection in one form or another; otherwise chaos, anarchy and
barbarism are inevitable. If injunctions cannot be issued to restrain
the violent and protect the property of the innocent and law-abiding
citizen, simply because he is an employer or property owner, then
resort will finally have to be had to the club of the policeman or
the bayonet of the militiaman or regular. It is no use blinking this
certainty. That was plainly the alternative presented by the Pullman
strike; and President Cleveland then wisely preferred the orderly and
peaceful procedure of a court of justice to the police power of the
army. Under military rule, the laboring man may receive no hearing at
all, and martial law with its arbitrary practices and despotic power
will have to be substituted for the regular procedure of impartial
courts of justice acting upon full notice to all affected and affording
full opportunity to be heard.
The New York Code of Civil Procedure in sections 602-630 has long
protected the rights of a striker as adequately as any other system
of procedure, state or federal, domestic or foreign, and even better
than the recent rule of the United States Supreme Court, which some
labor leaders are acclaiming as a boon. Lest we forget, it may be
useful to recall the exact language of section 626, which has been the
statutory law since 1895. It is as follows: "Where the injunction order
was granted without notice, the party enjoined may apply, upon the
papers upon which it was granted, for an order vacating or modifying
the injunction order. Such an application may be made, without notice,
to the judge or justice who granted the order, or who held the term
of the court where it was granted; or to a term of the appellate
division of the supreme court. It cannot be made without notice, to any
other judge, justice or term, unless the applicant produces proof, by
affidavit, that, by reason of the absence or other disability of the
judge or justice who granted the order, the application cannot be made
to him; and that the applicant will be exposed to great injury, by the
delay required for an application upon notice. The affidavit must be
filed with the clerk; and a copy thereof, and of the order vacating or
modifying the injunction order, must be served upon the plaintiff's
attorney, before that order takes effect."
Public-domain text, read in full here on John Shaqi.
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