Kansas City daily journal., 1896-10-19
Government BY Injunction.

To the Editor of the journal.
government by injunction is a term
which arose in connection with the olera-
ton OF railways. In several instances our
courts have interposed their authority to
prevent employees of railways from partic-
lpatins in general strikes, usually of a
purely sympathetic character, and thus
preventing railways from performing their
functions. From this circumstance the
Observation-Disclosures to prevent men from
striking-has been termed government by
Injunction. The subject, has assumed prom
inence since the great railway strike at
Chicago, in 1884, and 1t has been discussed
with much vigor from many aspects. At
the present time government by Injunction
has become leading political issue, on ac-
count OF the declaration against the use of
such power by the courts, in the Demo-
cratic-Populist platform recently adopted
at Chicago.
Injunction belongs to a species of legal
procedure called extraordinary remedies
These are: ~ Mandamus. to compel the
performance of a specific act; (2) injunc-
ton, to prevent the execution of a threat
ened act; (0 certiorari, to review the ac-
ton Of public body, as the determination
of a board of canvassers of election, for
instance; a. quo warranto, to inquire into
the right Of a person to perform the func-
tons of a public office; (5) prohibition. to
prevent an inferior tribunal from proceed
ing upon a case before it.
Mandamus and Injunction will be the sub
jects pertinent to this discussion. These
remedies may, for the purposes of this ar
ticle, be considered as counterbalances in
the administration of justice. A mandamus
may require person, corporation or pub
lie officer to perform a certain specified
act. An injunction may command a person
or corporation to refrain from committing
any specified acts. Thus in tho admins
tration OF justice, these remedies may be
considered as mutually equitable. l. e., the
harshness of being compelled to perform
an act may be ameliorated by a remedy of
equal force requiring one to abstain from
performing an act. A writ requiring the
absolute performance of an act Is called a
peremptory mandamus, and leaves the per-
son commanded no alternative in the mat
| ter. An injunction may be either tempo
rary or permanent. The former issues to
| restrain the performance of acts pending a
| judicial investigation of the questions in
| controversy in the suit; the latter issues
| after determination Of the questions at
issue, and is, usually, final adjudication
| of the matter.
To procure a mandamus, a moving party
must establish clear legal right to the
| remedy demanded, hence such writs are usu-
ally more difficult to procure than writs
OF Injunction. But temporary injunction,
| which is an injunction staying the
| performance of any acts, may be issued
| upon papers showing a prima facie case
| and alleging that the performance Of the
acts mentioned in the application will work
an irreparable injury to the complainant
against which the court could afford him
no adequate measure of relief
Now what is the force of the objections
| to the granting of an injunction restraining
railway employees from joining in a gen,
eral strike, and thus tieing up the road
What are the counterbalancing features
! or compensating remedies, to this so-callet
government by injunction? Why should
the remedy of injunction be applied in case
of railways. specifically, and not to gen
eral corporations?
Railways are. in respect to the perform
ancc of their function, what may be termed
gUasi-public corporations; first, they ar,
required by statute to operate their train.
upon regular schedules and perpetually, II
order to accommodate the public. or, Il
transport persons and property with rea
scrable expedition; second. very many rail