Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1897-08-26
lniunctiOns are a Menace.

Hamilton Lewis of Washington, which
is not only a commentator of his
course relative to Judge Williams ia
nous injunction, but is also very
strong legal attack upon the attitude
of the judge and the tendency to make
the judiciary machine 70 advance the
interests of corporations. After citing
many cases in the Federal and State
courts and quoting well-knowu jurists
to show that Judge Williams irjunc-
ton was unwarranted, he says:
ut is clear that the learned Judge
Williams was reckless of the settled
law of the subject, regardless of the
Limitations upon the Federal govern
ment, when it assumes to control a
State.
..But, sir, aside from these general
views, as a publicist and lawyer, l in
vite your attention to a plain inhibi-
ton by statute OF the United States
against such injunction issued by
Judge Williams. 1t is section 720,
Revised Statutes.
at prohibits injunctions by Federal
Judges against processes of the State.
Will the statutes also be ignored be-
cause they happen to be in the way of
the personal interest of the favored in
our midst?
ssAll this moves me as a plain citi-
zen. and public representative of a
great independent multitude, to OBJ
serve that the fear of Mr.. Jefferson,
that this Federal judiciary, in frequent
instances, would grow insolent of the
law, feed on power until it became de-
fant of right and liberty, forgetting
all privileges of freedom and all re-
straints of government, is being real
lied.
Instance the late ruling of Justice
Showaler in Indianapolis, deprtving
the people of cheap street fares, after
the State court had held State law
providing for such operating on 3
State institution valid; Judge Jackson
of West Virginia. enjoining the future
operation of the amendment OF the
constitution respecting tho guarantee
of the right of petition, of grievance
and free speech.
THAT these arbitrary powers must be
curtailed in those who use them in an
arbitrary and despotic way, no true
lover of our institutions and well-wish-
er for the future of our form of gov
eminent will deny. After witnessing
the different examples of this intOler-
ancy, this fragrant abuse, occurring so
often and multiplying in the extent of
of its offense with its repetition, l am
committed more than ever to the wis
dom of the Chicago platform against
life tenure in these offices. l propose
as some remedy against recurring
wrongsby those who are indifferent to
the real meaning Of the constitution:
.sFirst-The abolition of the sense
less distinction between district and
circuit judges of the United States.
tsSecond-The abolition of the life
term of Office.
..Third-Cause these inferior court
judges to be elected by the people OF
the State or district in which they
serve, as are members of Congress.
..Fourth-Or if to remain appoin-
tees, the term to be at the pleasure of
the President assuming that man
will find pleasure of the President and
favor of the people, to continue him in
service). No one would suggest that
such men as Judges Caldwell of Ar
kansas. Speer of Georgia, Gilbert of
Oregon and Ross of California would
have a people object to a long and
profitable service, such as their past
gives evidence of.
Fifth would. by statute, compel
the Federal Judiciary to follow the
State courts construction of any State
law or State authority; make the sub
ject of removal the arbitrary and will
full refusal so to do.
Il have addressed you this reply to
your public announcement In full, as
it behooves all men who are anxious
that the constitution be no longer
wounded in the house of guardians to
cooperate in the expression Of views
looking to the end of peaceful preserv-
alton of all our beneficial institutions
not the secret or defiant destruction
of them.
Permit me to commend the Demo
cratic course of your State administra-
ton and to assure that your represen-
tative in Congress, the Hon. Jerry
Simpson, is regarded as a commoner
who honors Kansas every time he pro-
tests in the name of his reform delega-
ton against the wrongs and usurpa-
tions OF the constitution. With per-
sonal wishes for the welfare of the
State. beg to be esteemed as your
humble servant,
JAMES HAMILTON LEWIS,