The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-09-13
GOVERNMENT BY INJUNCTION.

The Journal believes in government by in
junction when circumstances call for it,
and it believes that persons who violate an
order of court should be held to answer for
contempt. The writ of injunction is as le-
Ultimate as any other judicial process or
decree when it is confined to its legitimate
sphere, but recent events show that it may
be carried to an extreme
The first case in which the injunction fig
ured in labor trouble was in the great
railroad strike of 1894. That strike, it will
be remembered, began with the Pullman
boycott and ended in complete tying up
of railroad traffic from Ohio westward to
the Pacific coast Interstate commerce ana
the United States mails were interfered
with, great injury was inflicted on railroad
properties, business was paralyzed and pub
lie interests lay PROSTATE beneath an insur-
rectionary power which defied the laws and
threatened universal havoc. The situation
became so serious that the national govern
ment determined to interfere, and on the
I'd of July writ was issued by United
States Judges Grosscup and Woods, enjoin-
ing Eugene " Debs president of the Amer
interference or melting of interference with
trains carrying mails or engaged in COM
merce between States. The United States
attorney general ordered the arrest Of all
persons disobeying the writ, and as Debs
e. Co. defiantly disobeyed it they were ar
rested During this period of defiance and
after the injunction was issued hundreds of
freight cars were burned, many locomotives
were disabled, much merchandise in transit
between States was destroyed, and the
United States mails were interfered with in
many localities, all under general orders
issued by Debs. He was arrested the
10th of July and arraigned before a United
States commissioner on the charge of OBJ
structing the mails and hindering the exc
cution of United States laws. He was re-
leased on bail, and ten days later he was
indicted by the federal grand jury for con-
tempt of court, and in September following
was convicted and sentenced to six months
Imprisonment. The Supreme Court of the
United States affirmed the judgment. The
enforcement of this sentence was what
Debs characterized as government by in
junction" The Journal fully approved of
the action of the United States Court in
that case and does still. 1t was necessary
for the protection of the mails and of in
terstate railroad traffic, and to break the
power of formidable insurrection. That
was case in which government by in
junction" eminently proper. Many
other cases might arise where it would be
proper to protect private property from
invasion, destruction or trespass bu1 in no
case should it be used to give corporations
or capital an unfair advantage against Ia
Dor or workingmen. Corporations and capt.
tai are entitled to be protected in their
rights, but that is all. They are not entitled
to an exclusive use of the public highways,
and no court has right to issue writ
which will enable corporations or capital
lists to assume the aggressive against work
ingmen, to punish them for acts not yet
committed or to prevent the anticipated
commission Of unlawful acts. The United
States government is above any corpora
ton, and the movement of the United
States mails and of interstate commerce is
far more important than the working of
anybodys coal mine. Because government
by injunction was justifiabe in the case of
the great railroad strike of 1894. when the
government placed it's strong hand on Debs
to prevent him from violating United States
laws. it does not follow that every mining
corporation and coal operator should rush
into the United States Court at the first
indication of a labor trouble to invoke the
power of the United States government in
keeping up the price of coal. Still less does
it follow that federal court has right, on
the application of a mining corporation or
coal operator, to issue an order prohibiting
citizens from marching on the public high
way. Government by injunction is all right
within proper limits, but outside of those it
is all wrong.