The record-union., 1897-09-02

government by Injunction the idea is
conveyed that it is new and unprece-
dented legal proceeding. The fact that
the protection by injunction against
injury for which there is no adequate
remedy at law has long been recogniz-
ed, reinforced as it has been of late, by
decisions of the highest courts, makes it
necessary to say that the resort is we'll
established so far as the legal princi-
pies are concerned. But as a matter of
policy in labor disputes we think the
resort is injudicious. The protection of
individual and personal rights should
be secured by rigorous and prompt
enforcement of the criminal law. 1t is
a grave mistake to let the idea gain
currency that the orders of the courts
are of more effect than the penalties of
the statutes. 1t is no less grave an err
ror to permit the impression to exist
that there is method of procedure
especially available for one class as
against another. The Dispatch, Qnd.
Rep), Pittsburg.
JUDICIAL USURPATION.
when the acts against which the Fed
eral judiciary issues injunctions would
be Illegal, there is no reason why the
police should not be left to keep the
peace as usual. Especially unwarranted
is the assumption by a Federal Judge
that men acting with such splendid or
derlineSs as has characterized the coal
strike are about to break laws. To
arrogantly prohibit law-abiding men
from 1aw-breaking is an insult. To put
them on the defensive to consider them
as criminals when they have shown
plainly they are loyal citizens is an out
rage against justice.
when, to cap the climax, a Federal
Judge at the behest of a rich. anarch-
istic corporation issues an injunction de-
priving law-abiding men of the rights
of liberty and free speech, he is guilty
of deSpotic usurpation of power. And
to complete his arrogation of absolute
sovereignty it is only necessary that he
| imprison without trial those who dare
to assert their rights as men in defiance
of his imperial mandates.
THE Federal judiciary does not ap
pear now for the first time in the role
of an usurper. From the beginning it
has steadily striven for more than it's
due share of power. Now boldly, again
craftily, it has reached out to grasp the
supreme sovereignty. Foreseen by JEFF
ferson, watched with apprehension by
later patriots, this process has gone on
until in our own time the Federal judi
ciary aims daringly at open govern
ment. The Times Oem.), Kansas
City.
PREVENTION OF UNLAWFUL
ACTS NECESSARY.
THE first question the enemies of
injunction processes should answer is
as to whether courts have ever been
known to grant injunctions against
lawful acts. If so, let the instance be
pointed out. It is doubtful whether
an instance cn be cited Of a. court
granting an injunction restraining any
man or body of men from saying or
doing anything within their lawful
rights as citizens. Certainly if such an
injunction We're granted and the case
carried to the higher courts, it would
be set aside promptly by the Supreme
Court of the United States. Injunc-
tions are an essential process of law
for the enforcement of lawful rights
and the prevention of unlawful acts
; and have their necessary and proper
place IN any Government that amounts
to enough to command the respect Of
the people. The Capital (Rep.), Tope-
ka, Kan.
IF the situation becomes a little
more excited than it has been, the
Governor fof West virginia) and his
officers will have difficulty in deter
mining just where their authority
should be imposed, a difficulty that