Presidential addresses and state papers, Volume 4 (of 7)Roosevelt, Theodore
History
Presidential addresses and state papers, Volume 4 (of 7)
Roosevelt, Theodore
Roosevelt, Theodore, 1858-1919; United States -- Politics and government -- 1901-1909
In my annual Message to the Fifty-seventh Congress, at its second
session, I recommended the passage of an Employers’ Liability Law
for the District of Columbia and in our navy yards. I renewed that
recommendation in my Message to the Fifty-eighth Congress, at its
second session, and further suggested the appointment of a commission
to make a comprehensive study of employers’ liability, with a view to
the enactment of a wise and constitutional law covering the subject,
applicable to all industries within the scope of the Federal power.
I hope that such a law will be prepared and enacted as speedily as
possible.
* * * * *
The National Government has as a rule but little occasion to deal
with the formidable group of problems connected more or less directly
with what is known as the labor question, for in the great majority
of cases these problems must be dealt with by the State and municipal
authorities and not by the National Government. The National
Government has control of the District of Columbia, however, and it
should see to it that the City of Washington is made a model city
in all respects, both as regards parks, public playgrounds, proper
regulation of the system of housing so as to do away with the evils
of alley tenements, a proper system of education, a proper system
of dealing with truancy and juvenile offenders, a proper handling
of the charitable work of the District. Moreover, there should be
proper factory laws to prevent all abuses in the employment of women
and children in the District. These will be useful chiefly as object
lessons, but even this limited amount of usefulness would be of real
national value.
There has been demand for depriving courts of the power to issue
injunctions in labor disputes. Such special limitation of the equity
powers of our courts would be most unwise. It is true that some judges
have misused this power; but this does not justify a denial of the
power any more than an improper exercise of the power to call a strike
by a labor leader would justify the denial of the right to strike. The
remedy is to regulate the procedure by requiring the judge to give due
notice to the adverse parties before granting the writ, the hearing
to be _ex parte_ if the adverse party does not appear at the time and
place ordered. What is due notice must depend upon the facts of the
case: it should not be used as a pretext to permit violation of the
law, or the jeopardizing of life or property. Of course, this would
not authorize the issuing of a restraining order or injunction in any
case in which it is not already authorized by existing law.
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