The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-03
SEATTLE. SATURDAY, AUG. ..
GOVERNMENT BY INJUNCTION

During the great railroad strikes last
year. when the Federal courts were called
upon to interfere in the interest OF inter-
state commerce and 10 prevent any delay
tn the transmission of the mails. the Pop
uiistic press was teeming with denuncia-
tons of what they termed government
by Injunction" The affirmance by the
supreme court of the sentence against
Debs for contempt of court in violating
an injunction issued 10 restrain him and
his colleagues from interfering with tho
operation OF the railroads. was made the
text for another series OF like denuncia-
lions.
When argument was resorted to. instead
OF the usual vituperation which is the
stock in trade of the Populistic newspa-
pers. the point most urged was that the
offense, II any. committed by Debs was a
criminal one. and that he should have
been afforded the full rights and privileges
given by the law 10 one accused of crime;
that he should have been indicted and
then tried for his offense by a jury of his
and the subsequent arrest and conviction
OF Debs for constructive contempt IN vio-
lating the orders of the court were simply
designed 10 deprive the accused OF his
constitutional right TO a Jury trial.
AS an abstract question it certainly does
appear that the powers of an equity court
I'm issuing injunctions and In Furnishing
violations OF it's orders. as for contempt OF
court. can be seriously abused. and that
for the express purpose of depriving citi-
gems OF their right to a jury trial THE
present situation on the liquor question In
the state OF South Carolina affords a
marked instance of how this power can
be abused. and point worthy OF note is
that the state Is. in its executive and judi
eiary. completely I'm the hands of the radi-
cal Populists. In that state government
by injunction is being carried 10 degree
never dreamed of in any of the Federal
courts which have been so vigorously de-
nouneed by the Populists.
THE manner In which the South Caro-
lima courts are proceeding to enforce the
dispensary laws Of that state. which for
bid the sale OF liquor by any person except
the state authorities. is as follows After
an individual has been accused OF vlolat-
Ing the law and his case is before the
courts any judge OF the circuit court may
issue an injunction forhldding him TO
further violate the law. and II the iniunc-
tion is disoheyed may punish the offender
at discretion for contempt OF court All
questions OF evidence are LETT TO the dis
erection Of the judge
An Illustration os the workings Of this
system was shown In a recent case before
Columbia Judge. who peremptorlly re-
fused to hear any testimony oxcept that
az the state constables. and on that tszti-
mony sentenced an alleged offender 20 i'm
prisonment and fine FOR contempt OF court
In selling liquor after he had been ordered
not 70 do SO. The original case on which
the offender was arrested. and which VAS
made Tho preteNt for issuing the inlunc-
zion. has never been disposed Of.
This South Carolina method of DEALING
with violation 81 law by the use of inf,,nc-
tion and contempt process Is purely popu-
istc IA SIS origin and is entirely IN the
hands cf PopGllst officers in It's enforce
nent This ought to have = tendency "a
repress somewhat the zeal 81 those Popu-
list jawsmiths who have been so vigorous
I'm their denunciation 81 government Nv
injunction" on the part q the Federal
courts