Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1897-10-27


marching. They marched neverthe-
less. What was to be done? Some
one must have gone before the court
and made sworn complaint
against the parties; whereupon,
if it chose, the court would
have issued an attachment for them
and they would have been brought in;
and then the court would have heard
the whole matter and discharged them
or fined them. The sheriff had moth
ing to do with them until given an at
tachment against them. But the sher-
iii having met them marching, COM
manded them to desist, and then had
his army fire deadly vol1ey which
killed many of them. For what? For
disobeying an injunction-An offense
never before made capital in this
country. The death penalty was in
hicted without even an arrest for trial.
What power alone in this country can
raise and equip military forces? Only
the executive. So the courts exercise
executive, as well as legislative and
judicial power, in strike cases. They
are the entire government. Is it not
apt to cali this government by in
Junction." Why. even in Russia men
cannot be murdered by officials for
doing what the laws of the empire
permit. In Russia not even magis-
trates can play Car and make and ex-
ecute new laws. This seems to be the
only country where judge even as
sumes to run 1.-The whole shootin
match"-to be the whole government.
But, see; State judges are elected
by the people and are amenable to
popular opinion. Public opinion is
decidedly against this sort of thing.
and state courts are busy denouncing
government by injunction" In a
little while state judges will either re.
fuse all applications for injunctions
against strikers or will be applying
the maxims mentioned above and
making applications for such iniunc-
tons opportunities for settling strikes
by compelling employers to be Just.
In the federal courts no such change
OF heart is apparent, for they are alb
solutely independent of the people.
Public opinion only makes them OBJ
stinate, as in the case of Judge Jack
son. A Senate of senators mostly en-
ployers in love with government by
injunction will not impeach these
judges. It is impossible to elect a
two-thirds majority of the Senate
favorable to such impeachments.
What is to be done? Why, a majority
OF congress can repeal the laws crea-
ting these federal courts, and destroy
what cannot be reformed. Iniunc-
tons to prevent enforcement of state
laws enacted in the interest of the
people are, almost exclusively, issued
by federal judges. These injunctions
are virtually the assumption of SUI
| preme power over sovereign states.
They began with minor offices. but
usurpation has furnished precedent
tor usurpation until to-day it is becom-
| ing common practice to enioin the
| Attorney General of a state from
prosecuting criminal offenses in the
courts. The presidents as to Attor-
neys General have prepared the way
Tor the next step, and we may soon ex-
pect to see federal judge forbidding
the governor of a state from exercis-
| ing the power vested in him by the
people. Legislatures need not be en-
joined, for their work can be easilv
destroyed when done; but we NAV see
] an injunction forbidding a governor
to sign bill. State courts are dead
easy" Even the Supreme Court of a
state can be given solar-plexis knock
out any morning before breakfast. A
federal judge thinks nothing of a lit
tie bout like that Just for exercise.
So we shall soon have no state govern
ment. The bits of territory we have
been in the habit of calling Estates"
will be provinces ruled by some serene
mightiness of federal Judge.
Neither does congress amount to
anything. The Income Tax Law was
killed by an injunction, and any act
of congress is liable to have 'em.
The federal judges, in 1894, organ
lied, equipped and controlled armies
called, deputy marshals, "-thus
showing the president that he was
mot the only pebble on the beach"
You see where we are. The only
government in this country that has no
government above it is the federal in
dietary. 1t is supreme ruler of the
land. In his first inaugural Lincoln
warned us it would be so. And the
one method of government, from tur-
ret to foundation stone" of what we
still humorously a1lude to as ..the re-
public" is the writ of injunction. The
future historian must describe our
strange political machine as govern
ment by injunction" In the hands of
judiciary responsible to nobody on
earth, does that not mean arbitrary