The record-union., 1896-10-03


threatened for which there is not
speedy or adequate remedy at law, and
when to await the ordinary processes
of law would deprive the applicant of
his right, guarantee or privilege
The interference by injunction rests
on the principle of a clear and certain
right to the enjoyment of the subject in
question, says one eminent authority,
and it is a very happy definition. 1t is
not a process to undo wrong, but to
prevent a wrongdoing, or by interfer-
ence prevent the continuing of a wrong
full act. 1t commands to do as well as
restrains from doing.
To repeat in another form: 1t is an
equitable remedy interposed when the
usual processes in damages would re-
suit in the wreck Of the right or its
irreparable injury, or where the insol-
vency of the Wrongdoer would defeat
the right of the applicant to damages
1t may be the final relief of the
party and in such cases it is made per-
petual. It only issues When there is a
wrong done and a right injured or tres
passed upon belonging to the applicant.
The law holds everyone bound to
abstain from infringing upon the rights
OF others. If the infringement is by
combination to infiict punishment, or
injury in business, or otherwise, to
menace by threat or force or intimida-
ton, Injunction may be sought by the
sufferer.
An attempt to coerce another into
compliance or abstention from the ex-
ercise of right justifies interference
by injunction. A conspiracy to prevent
by concerted action to the injury of an
other, which, if accomplished, would
be unlawful, will be checked by injunc-
ton.
One may refuse to be employed by
another, but may not resort to compul-
sion to prevent another seeking or TAX
ing employment, and if he does, he may
be restrained by injunction. Workers
may combine lawfully to protect thei1
rights, to forward their craft and con-
they proceed by threat. intimidation or
force to the infringement Of the right OF
another to be free from such coercion,
injunction may be invoked.
Everyone has the right to enjoy the
fruits Of his labor. skill or industry and
to be free from wanton disturbance Of
that right, and may appeal for restraint
by mandate of court of equity against
those doing or threatening to do him or
his property injury, he having no other
speedy remedy at law. This is the sum,
in brief, of the law as the result of ages
of human experience, and the test OF
numberleSs cases in which the rights
of men have been adjudicated during
centuries.
So, then, injunction as an equitable
remedy lies at the very basis of the
whole fabric of society. It is the right
of all, irrespective of condition; it issues
applicant or who the offender. 1t per-
tains to the right of the carrier to de-
liver goods, the Government to deliver
mails and of interstate commerce tc
blest worker in the land to be free from
| unlawful interference, coercion, intim-
| idation, threat or violence from any
| source whatever.
| 1t is the right of Government itself tc
petition it's tribunals to restrain wrong
| doing, and it is the right of the lowliesl
| citizen to apply for and have it's exer-
else in his behalf against the unlawful
| trespassing or interfering of the officials
of the Government itself.
When, therefore, Debs and the Demo
cratic platform prate Of government
by injunction, which the election OF
Bryan, says Debs, is to prevent, they lie
| and deceive, for there is no such thing
since it is a human right to be protected
by Government from wrong and from
injury to rights guaranteed by Govern
ment to the citizen.
When Debs and his Heutenants assail
injunction they strike at safeguard
that lays them bare and open to punish
ment, wrong and injury without speedy
and adequate remedy or protection, and
which if not afforded them is failure
of government and the defeat Of equity
Equity interferes where the law is slow
and inadequate, where the usual pur
suit Of remedy would result in failure
to recover or be protected, though the
law might not be blameworthy for the
failure.