Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1897-08-26
GOVERNMENT BY INJUNCTION
THE DOCTRINE FIRST ADVO>
GATED BY GOVERNOR
RUSSELL.

ernOr Russell's Later Utters
ance and his Recent Speech
at the A & M. College Bar.
becue.
Of late, and continuously, and
| with cumulative vehemence, in
his public speeches and reported
conversational utterances, Cow
ernor Russell, has declared him~
self SO violently opposed to the
exercise Of the power CT injunc-
ton by the courts, and has made
such an out cry against Coy
eminent by Injunction,' that one
naturally enquiries, where did
this doctrine of government by
Injunction come from? Who first
ad vocated the extension of the
right o il junction in this State?
II is astonishing, on investiga>
ton, to find that these latter ut>
terauces and anathamas of the
Governor are condemned by the
doctrine'he laid down in his cares
fully prepared and comprehen>
sive Inaugural address If, there's
fore, there be wreck and ruin
lurking to the body polite in this
much talked of Government by
Injunctior," Governor Russell.
and, through him, the people, are
but reaping the fruits Of what he
has sown.
Standing in the presence of
the rump LEGISLATURE of North
Carolina in January last, with
ponderous mein and impressive
diction delivering himself of his
Inaugural address,, Governor
Russell said !:
I'm 1868 u system of civil judi
cial procedure was revolutlonlzed by
the amalgamation of the law and the
equity courts. This change, then
violently denounced, has stood the
test of experience and is 10Y gener-
ally admitted to have been a great
and lasting reform. Yet much of the
fallacies of the old system has been
preserved by the new. Not the least
among these is the doctrine that
, equitable remedies must be denied
If there be an apparent legal remedy.
Laws should be for the prevention
as well as the reparatlon of wrong.
Wrongs should be prohibited and
the remedies for their prohibition
should be as easy and as universal as
possible. No defendant should be
heard to say that he should not be
enjoined or prohibited from the
commission of an unlawful act be-
cause he can be held in damages or
otherwise compelled to compensate.
Actions of an equitable nature should
be sustained even though there be
another remedy known among law
yers as the strictly legal. Equitable
and legal remedies should be cumu-
lative. Preventive processes should
be encouraged and enlarged. The
policy of every juridical system
should be to prevent the com
mission of wrong. With the centu-
ries looking down upon us since the
law was given Thou shalt and Thou
shalt not we should have passed the
period when a complainant could be
| DOlu 11Ol1 b1lS JUISh1SAU oSdU, AOb
have shown that defendant is about
to wrong you; but you must wait un-
til he does it and then get compensa-
ton
Now, in junction is a "preven-
tive process" and it is seen that,
in January last, Governor Rus
sell in his well studied and first
official paper, said that "preven-
tive processes, should be encours
aged"
Governor Russell is too good
a lawyer to suppose that this
right could be so limited and res
stricted that corporations could
not invoke it's aid.
He says, also, that equitable
relief should not be refused be-
cause the law affords an adequate
remedy. And yet, if we mistake
not, the only defense upon which
the Governor relied in his an
swer to the restraining order
sued out by the Southern Rail-
way was, that the Southern had
an adequate legal remedy and
therefore the equitable remedy
should be denied them.
Is it not pertinent, therefore,
to enquire, when did the light first
begin to break on the Governors
He supported Mr.. Mckinley,
and denounced as anarchy the
plank in the national Democratic
platform against government by
injunction.
Does the Governor endorse that
plank now9
If the Governor were to make
an honest confession would he not
admit that the country is really
safe; and, hat all this noise
he is making-this ''temlest in 6
teapot, ," is simply for the purpose
of ~diverting the people from the
true issues that are before them,
and to prevent an enquiry into
the misconduct and ineff-
cheney of the men fusion has
put in power and Office in NORTH
Carolina? If this is his purpose
it will fail utterly. The people
have felt the inequalities ant
dangers of fusion and realize
that the return Of the Democratic
party to power in North Carroll