The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-08-19
Government by Injunction.

u0Vernment Dy injunction.
It Is evident from the tone OF ;he bet
ter conducted press throughout the
country that the recent use of injunc-
tion proceedings in connection with
trespass and restrain intimidation Of
workers by strikers has given an un-
expected impetus to the issue raised
by the Chicago platform oS last year
when it denounced what it called gov
ernment by injunction"
The nucleus of objection to such or
ders of court as were issued by Judge
Jackson at Parkersburg and the two
common pleas Judges of Allegheny
county is succinctly stated by the Chi
Cago Inter-Ocean, one of the leading
Republican authorities in the west.
when it declares that courts in equity
We're not created for any such pur
pose, nor is the machinery of that
branch of the judiciary suited to any
such constabulary purposes" To which
the Springfield Republican. also a Wig
orous assailant of Bryanism. adds with
suggestive emphasis: Either tn
judge in such cases undertakes to con.
struct crimes out of acts which are
not crimes under the law, or he aims 90
substitute contempt proceedings for the
due processes Of law. In either case
the court of equity transcends it's pre-
negatives and becomes an engine for
establishing judge-made law and ju-
a nI ,saX,, Al,
ruins of trial by jury"
Interpreted literally, Judge Jackson s
injunction simply forbade violations If
statutory law; but the argur ent made
against it is that that law itself al
ready carried adequate penalties, and
consequently that the Judges drawing
around ii of the sacra1 circle of the
bench was in effect an usurpation of
authority calculated to convey 10 the
minds of the impassioned the belief
that such judicial action was more
likely to be commanded by the rich
and influential than by the unfortu-
nate. In the particular case presented
at Parkersburg 1t is proper to say
that Judge Jackson's injunction in al
probability prevented a crisis Which
would have been attended by disorder
and doubtless have necessitated the
words, il was an extreme act hastily
designed to cope with an acute and
dangerous emergency. ON the other
hand, the evil effect of it Is shown in
the avidity with which It was imi-
| tated and bunglingly, by the Pitts.
burg judges, and by the widespread
feeling which it has occasoned amone
workingmen that the cause of the
strikers has not been treated fairlS
| in court.
Even when conservatively viewed the
| issue presented in these multiplyins
| injunctiOns suggests the need of
more exact definition by congress ant
| the various state legislatures of tht
| powers and jurisdiction of euuit,
courts, to the end that judicial authori
! ty shall not become autocratic and ar
bitrary. The people are not yet will
ing TO substitute "judge-made laws anC
| judicial administration" for trial b,
| July, anu lHt less nOCuS pOcuS tner,
is in the use of injunctions the grea te
| Will be the respect to which our ju
dietary will be entitled. The idea tha
attorneys representing one side in
dispute-and that usually the side abb
to employ the costlest talent-may
at any time, upon a trumped-up rep
resentation of alleged facts, and with
out trial of the cause on its merits
secure from judge in chambers a wri
of court restraining for days or week
or even months the opposite side from
any action in it's behalf while tn
parties of the first part under the GOV
er of this writ, are left free to d.
pretty much as they please, is on
that will need considerable explainin,
to render it wholly tolerable to tn
American instinct for fair play.