Arkansas true Democrat., 1858-06-15

have, by..a most extraordinary exercise osn power of granting injunctioDs, introduced ~e element of-discord, and therefore of weat. @ and distrust, into our judicial system. Tb.N junction IS q process u4kno,cn to Me conao,oa e According to that la,0 eueyy man IS free to %9 his rights as he is adDised they are, suJjet .' sUer in damages to any ore aohose ,iqhts bs u' invade Equity comes iD, where the sct ,i tened to be done. t0oult cause q daDaoos Il rea- nature nTemectab1e, or where the trssnam m party Is irresponsible, and enjoins him. Bn, now practlced, our judges in diseretion @ always wisely exercised, have nearly conv... aU into an every day remedy, what is desaneql and has heretofore been regarded as m sue' tionat intervention of equity, staying. in
 cases, the extreme rgor, or supplyin, the Sa I. .s cencies of the common law. The evils of a' proceeding, ln relation to individuals a far greater proportions when they are br,, to operate on public interests and have "a, oeusa such pass in the city of New York. that t.ped ;% become common practice for the int; NS acting preliminary and without the JoealE precauuon ot regular trial at law. in i,o'.'"s with the action of public officers al;ka k'e'e municipality and of the State. The ocf''. VI 'as constitute the judiciary an integral n,rt StS Ss | municipal and State government. bv tbs WI act, not judging on regular proofs acc,r4 s,. 0v' the common law with its wise rnIes of a'..3 E its confronting of witnesses, and t, soho, ''l' for reflection, on the urgent impulses of ,,' 1s parties, moved by the ouscries of massag o."l .1l IS feared not entirely free from the ipara4G party and partlsian strife. How great tf;
 became, how 1t impaired conGdenca sQ | judiciary, how dangerous it was to tbo a a the events oi the past year have plajIlr remedy th.s 'ta.e oi things it is Sul,s,t.l that 1t be provided for the future: 'o''Nl
 l. That no injunction be granted CT n,4, Ihls l understand to be the law in inc oor oi the United o.aJes, and that it has been f,u S.a
 to work well. Notice being always rpan;. So that the other party can make his '' s~ mont. Ss
 2 That no injunction be granted. erc4ptJ he injury Pprehendei ,coml6e iyreDardA. v, couit rot 6e compensated in daneages, or 95- the apprehended wrong doe7 Was iHsolveot s. Security might be required for the n. r ment of damages to the party euioined. in c,. n the process should appear to have been mr,'
 periy obtained. |
 These provisions should be applicable ,1 'a demands for an injunction; and, in addition - b the case of public officers, whether of the S', H or the municipality, it might be farther re1uny g that m
 4. The jurisdiction as to public of,., 2 should be confued to a single court so ,, avoid a conflict of jurisdiction and of opinor h
 9. No injunctlon to be allowed. as to g, public matter or public officer, but on be,rr, before general term, from which an ams
 should lie immediately to the court of ap5sL <, Some such provisions as these, with such !, " tails as may be found advisable, seem to man
 dispensaoe forrestorng the impaired conf eg < l of the people in the judiciary, as well as i, restraining that.most essential and valuable !. k paftmento of p'Iltv within it's proper and D. c scribed limits. l. will be all the stronger, real authority and in moral weight, by e,, v thus restored atFl restrained.