The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-09-08

VINO is at once legislator, judge and exc
cutioner.
When the car of Russia issues ukase
he leaves Il to other men 10 ehioiee' ou'
not so with these judges.
Let us cite just few examples OUT "a
a number.
THE JENKINS INJUNCTION.
Several wears ago it was charged that
the Northern Pacific railroad had been
rohbed nv the men who controlled 1t OF
oyer sixty millions of dollars. These
same men went before Judge Jenkins OF
Milwaukee and got him TO appoint three
of tEeir friends receivers OF the road,
and these receivers, instead of collecting
the money alleged to have been wrong
fully distracted proceeded to cut down
the wages of the operatives without any
notice TO them, and for fear these oper-
atiyes might get restless these receivers
went before this same Judge Jenkins and
got him to issue an injunction forb.ddlns
the operatives from leaving the employ
ment Of the railroad. About the same
time a large number of employees on
California railroad refused to go to work
because they were not paid, and a Judge
Ross, who was operating the road
through his court, issued an order COM
manding them to go to work and threat
ened to send them to Jail if they refused.
Since that almost everything that a cor
poration lawyer could think of has been
covered by three injunctions.
IN WEST VIRGINIA.
Recently a Judge in West Virginia is
sued an injunction forbidding the exer-
else of free speech and actually forbid
ding men from marching on the highway,
no matter how peaceable they might be.
There are few noble men on the Fed
eral bench who have refused to prosti-
tute their courts at the bidding of cor
rupt greed, but they will in time have
to follow precedents set by the others.
1t will be noticed that these injunctions
are simply whip with which to lash
the back of labor. 1t is also apparent
that if they succeed they must ultimately
destroy the interests in whose behalf
they are now issued, and that they are
therefore short-sighted. For if the labor
ers of this country are ever reduced to
classes in some European countries-a
condition in which they will have no pur-
chasing power-then the great American
market must disappear and our great
railroads and industrial properties will
not be worth fifty cents on the dollar.
SUPERSEDES ALL LAWS.
CHANGING at this proceeding we find
that it entirely supersedes government
by law, and according to the forms of
law as guaranteed by the constitution,
and it substitutes government according
to the whims, caprice or prejudice of an
individual, and is therefore a clear usur-
patton of power and crime.
Second-When the law forbids or COM
mands something no injunction is neces-
sary; when, therefore an injunction for
bids or commands something, that is not
forbidden or commanded by law, it is
legisla ton pure and simple, and therefore
usurpation of power and a violation Of
the constitution and high crime within
the meaning Of that instrument.
| Third-It is the function of the Legis-
| lature to define crime and to declare
what acts shall be punishable and also
| to fix the punishment. and when there
fore a Judge undertakes to do these
things he usurps the functions Of the
Legislature.
AIM AGAINST LIBERTY.
Fourth-The law has created special
tribunals and special machinery to en-
force the criminal law, and courts Of
chancery have no power to arrogate this
to themselves and substitute contempt
proceedings for the forms prescribed by
law. In those cases in which an injunc-
ton is made to cover what is already for
hidden by law it is simply device to rob
a man Of trial by jury. for when he is
charged with violating the law he must
be tried by jury, according to the forms
Of law. but when charged with violating
an Injunction he can be railroaded to
prison without any ceremony.
Fifth-All Of these proceedings in the
Federal courts are an attempt to do
things that belong exclusively to the po-
lice powers of each locality, in the ad-
ministration Of which these courts cannot
interfere without being guilty of usurpa-
tons.
VIOLATES THE CONSTITUTION.
Sixth-But depriving men of trial by
jury and robbing them of their liberty
and imprisoning them without trial, ac-
cording to the forms prescribed by law,
is violation of the constitution and
high crime.
It is not necessary for men to say to
you that Republican institutions and gov
eminent by injunction cannot sboth ex-
list in the same country. They are exact
Iy onnosi+e in character and one or the
other must die.
If hostile army should burn half our
cities. or if pestilence should carry off
half of our people, we would soon rally,
and under free institutions our nation
would be happy again. But by brush
ing away the very foundations Of lib
ertv these courts are committing crime
which, if unchecked, will cast a gloom
over many generations and increase the
sorrows of unnumbered millions of the