The times. [volume] (Richmond, Va.) 1890-1903, 1896-10-21
Injunction. under which the Federal


bidding anything that he sees fit TO for
bid and which the law does not forbid.
for when the law forbids a thing there IS
no need OF an injunction. When the
law is violated provision has been made
for punishment. and II IL Is found at any
time to be inadequate it can always be
remedied by legislation. But by this
Injunction the Judge can forbid anything
which within. prejudice, or caprice may
suggest. and his order Is law, and must
stand until 1t is reversed by superior
authority, and this may take months ana
even years. and when any individual dis
regards this Injunction he is arrested By
the United States Marshal and dragged
10 the point where the court is held.
sometimes a distance OF hundred on
a hundred and fifty miles away from his
friends. on n charge, not Of committing
n crime. not of violating the law. but on
a charge Of being guilty Of contempt OF
court that is OF having disregarded ths
Judges Injunction and he Is tried. not py
n fury as guaranteed by the Constitution
and laws Of the land not according 70
the forms Of law even. but he Is tried pF
the same Judge whose dignity ne Il
charged with having offended, ana tneu
he Is sent T. prison indefinitely. IT,
no committed a murder or a heinous
fragrant manner. he would have been en-
titled to be tried by jury, according to
the forms of law, and in the county
vhero the offence was committed ana
whore he could produce his witnesses.
but not so when he is guilty or showing
a want OF respect for the order ot ,n-
indigo which was made OUTSIDE VI W.
ia,y and in violation OF the Constitution
FEDERAL, JUDGES COMPARED WILL
THE SULTAN.
When the Sultan or IurAes oi ~
Car of Russia issues ukase loI Dirul'is-
something that the law had not ioi o,u
don he at least leaves the TASK VI
ing those who are charged VIZ, ,i,.,d
garding this ukase TO some o,nel met.
81 Common decency and common Ju90
, - ,,.o,,I1 suggest such course, pul III
our country n Federal judge ASSUMES ~
a. ,,inrs which would be discoun''
- Wv evan in Russia or Turkey.
..t,,t~o Ross of California. issueu a.,
,,,,,nrtion compelling the employees .,
q railroad - 90 20 work. lHlnN 49,
Judge lecislating that way ne" az -,
- t1tfat has an employee VINO won WI =
,a discbarees him. nut this Judge oiueteu
railroad employes sent to jail II they I'll"
not 20 10 work. He undertook 10 run q
railroad. and lust SAT- down and maue Ia"
20 suit him. He legisated, judged ",'u
executed. The Constitution, the law ,''"'
by fury. and the rights OF the CUE.
| were ali brushed aside by this federdi
n,dre During the railroad strike OF 1874
| Judges wood ami Grosscup, In the United
! states Court at Chicago. issued num-
Der OF these injunctions. which. IN 80
far as they forbade what the law for
babe. were unnecessary. and in so iar as
! they forbade what the law did not ioruiu
amounted 10 new LEGISLATION. Aiter they
were issued the farce was enacted OF
having an officer attempt TO read them "a
| "a mob. which. under the circumstances
| could neither hear nor understand them
end the United States Marshal al chi
| caco sworc I'm f..02 deputy marshals for
! the purpose OF enforcing these injunc
tons. Some OF these injunctions were b
/ tanned as carly az June 2sth and June
| 'Dth. a number of days ahead OF any
trouble vet as a preventive they were
total failures and accomplished nothing
| The trouble kept spreading and grow
ing. just ms If there had been no iniunc-
! lions. According to n cir own statements
! the United States marshals arrested about
40 men OF q mere charge Of being guilty
of contempt Of court, and these hao
| nearly an TO be discharged after having
/ been dragged 20 the court because moth
|
! them
GOVERNMENT BY INJUNCTION.
"A mere glance at this invasion shows
that government BY injunction is incom
/ patible with sepublican institutions, anc
IL IL is to be sustained. then there IS %
| end 10 trial BY jury I'm our country. an'
| instead of being governed by law W.
| viii be subject 10 government by judges
| and If government by Injunction IS 10 b.
sustained as 10 Federal judges then w
will soon have 10 on the part of Stat
iudeos. ard the verv foundations o. fret
institutions Will have disappeared. Thee'
iniunctions are outside Of the regular ma
| chincry or government. so far as the'
! ale outside Of the law they are usurpa
| TONS. and where they are not usurDations
they are wrong because the Constitute
has created other machinery 70 enf"rc
IN, Crifo.nal law. Courts Of chancory wcr'
not cr.:tff for this purpose. In Chicae'
they DID not proven tine burning OF
freight car a the ditching Of a train. GU
country has existed for more than n hun
bred years. During this time all on
| greatness and our glory has been achiev
90 Property has been protected. law an'
! order las been maintained by the ma
| cl,nery established by the Constitution
his ma,hinery has at all times Jeel
found 20 be- sufficient for every emergen
cy.
IF both the Constitution and orr pas
| experience arc now 70 be disregarded al
| ihe courts are t. De- permitted 10 set
this nes i,rra of government then th'
| anairs or life win s"on
| NJ b, law. hut by the personal plea sure
| prejudice. or caprice OF multitude o
| Judges Formerly. when a man charge
with contempt fled an AFFIDAVIT purgin'
himself Of the contempt. that is, denyini
| u. the matter ended. An that could 10
done was 10 prosecute him for perjury D
| boo had sworn 20 what was not true Ru
after thus purglng himself he could no
be tried for contempt by the very judg
| whose dignity he was charged with haV
Ing Offended. In other words. when
man denied his guilt ne could not be sen
fenced to prison without a trial by jury
| But this protection OF the citizen j. nov
.rushed away with a mere wave OF tn
hand. The citizen is robbed Of a tria
| by jury. and he is tried by the Judge 10
whom he Is alleged TO have shown a wan
OF respect. and is sent 10 prison Indefinite
| Is.
| 1T was the extraordinary action 81
| few judges that called the attention OF tn
| American people 20 the possibilities an
70 the extremely dangerous character 0
this system. and which makes lawabidin
, and patriotic men feel that II not checke
II must destroy free institutions"
0. II. BERRY & CO.