Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1897-09-15
GOVERNMENT BY INJUNCTION.
II We Had the Initiative and Referendum,
No Law Sustaining Arbitrary Iniunctions

II We Had the Initiative and Referendum,
No Law Sustaining Arbitrary Iniunctions
Gould Exist.
Gov. Griggs, of New Jersey, an able
lawyer, has given US some advice as to
the general evils of lawmaking, in an
address delivered before the American
Bar association, in Cleveland, o. He
tells us that there are too many laws
made, and that what are made are
crude. AS remedy, he suggests that
we intrust the making of our laws to
men trained to construct laws. AS the
majority of the members of congress
and of the members of our state legis-
latures are trained in the law, this is
rather hard on the legal profession.
But we have no disposition to excuse
our lawyer legislators for the botchy
character of the legislation they grind
out SO interminably. The trouble
with our legislation is, however, that
there is too much legal acumen, not
too little, too much legal narrowness
and too little common sense entering
into the makeup of our statutes. The
greatest reform needed in lawmaking
is not the wrapping of our statutes
In legal phrases and legal forms that
obscure the aim of our laws, so that
the layman is befogged and must GO
to the lawyer for Interpretation, but
the simplifcation of our statutes so
that their scope and purpose may
readily be gathered by anyone. And
it is not the lawyer. however skilled,
who is fitted to bring about this SIM
plification. More common every day
men, men engaged in the production
of wealth and on whom the laws most
directly bear, are needed in our legis-
latures; not more trained lawyers.
1t is very true we have too many
laws. but the greatest abuse of law
making power lies at the door of the
judiciary, of the legislative branch of
our government 1t is of a surplusage
of court-made laws rather than statute
laws that our people complain. and the
court-made laws that are promul-
gated as injunctions restraining
men from the exercise of this
right and that on the ground that
such exercise interferes with some
one else's rights are particularly Of
fensive. They are offensive, because in
Traction of such court-made regulations
puts the trespasser at the abject mercy
of the court, depriving him of a right
to a trial by jury. Let man infringe
some rule of court established for his
| guidance, let him be brought before
| the Judge for such offense and the
| judge at once becomes prosecuting
attorney, judge and jury, all in one.
Thus we have seen it in IT, resent
coal strike. On the fling o i COM
| plant, by some coal operator, with a
| court, to the effect that some striker
or body of strikers is interfering with
the rights of such operator to work
his mine, interfering, though the in
terference may be only inducing the
miners working in such mines to ex-
ercise their undoubted right to quit
work and join the strike, said court is
sues a temporary injunction, restrain
ing the strikers from pursuit of those
acts cited by the operator as inter
fering with the working OF
his mine. If such striker does
not heed such court-made law he is
guilty of contempt of court, taken be-
fore such court as prisoner, and then
tried and punished by the Judge, act
ing as prosecuting attorney, judge and
jury, acting as three in one. Thus fo1
transgressing such court order he is
arbitrarily punished, imprisoned. al
the discretion of the Judge. And when
the judge becomes legislator. by max
ing certain acts criminal, such as
marching over public highways and
speaking to working miners with
a view to getting them to strike
which are not criminal under the
| Stat11fe Ia w. when he haoouoaS axaou
tive officer by directing the sheriff a.
to the manner of enforcing such court
law and experimenting transgressors
when he becomes prosecuting attorney
in bringing such transgressor before
the bar of the court; when he acts a
judge in Interpreting the law. and a
jury in passing on the facts bearing OIL
the transgressor's case, there is grav
occasion for alarm, much reason fo
protest.