The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-10-01
HOUSTON, FRIDAY. OCTOBER I. 1877
TEN PA. Ct ES
ABOUT THE INJUNCTION.


II Is extremely gratifying to Tho Post
10 reflect that the criticism Of govern.
ment by Injunction which has lattery
become such an object of concern and
y comment In Northern papers and which
ID now being referred to as enc OF the pos
sfbie leading issues in our next National
campaign was ilrst urged by this paper
weeks ago, when the courts were exercising
their unlawful authority.
The Post derourced the orders Of tho
Judges against tho strikers as fragrant
outrages. whom such papers az the Chicago
Times Herald and others that ere now
publishing their 'sympcsiums" on the sub
ject and their comments. We're absolutely
silent.
Not only however, is 1t gratifying to
SEQ these big Eastern papeys at last walk
ing up to the Importance II the matter.
but to find also that the hixhrSt legal au-
thority Is sustaining the then expressed
views OF The Post Judge Tuley, one OF
has said this in the Times Herald sym
posiuni;"
sro Use the writ OF Injunction 10 dis
peise or prevent an unlawful s*emblage,
Or to patrol a public highway with armed
deputy niafshlls, is a usufpatcn 81 power
BY the courts. Whom labor disputes en-
danger the public peace or render the de-
struction of properly imminent. no good
citizen can object to the executive branch
of the government using its Iron hand TO
prevcnt either, but M amount OF legal
qutnbiing VIII satisfy the people that tho
writs OF injunction of the Federal courts
I'm the coal strike have not been issued
ana used Tor the purposes and object
above stated.
1.-THE courts In so using tho writ are
usnrping powers and functions dcvoivcd
by both Federal and State constitutions
upon the executive branch OF the respec-
tive governments, Such use of the writ
OF injunction by the courts ia judicial
tyranny, which endangors not only the
right OF TRIAL BY jury but Nil the right,
and liberties of the citizen"
This opinion by Judge Tuicy is directly
In line with former editorial utteraaces
Of this paper. The Chicago Record co.ues
In with further Endorsement by remprkiug
in comment upon Judge Tuley's statemcn,
that this opinion will be upheld by the
common sense Of the masses. which touches
Vbom that the practice which makes a single
Judge tho sole arbiter of tho merits OF a
controversy. wherein no himself has estab.
hshed by injunction q temporary law ot
his own making, H. a dangerous usurpation
OF executive and legislative power
There were some who were DISPOSED Ia
criticize Tho Poat's position on this grea,
huuc and who imagined that the writ OF
,f0fNnrffoy ttuAie x,a. hot... .....,, ,
against. II was not the old aud often nee
essary writ ~ an adjunct to legal proceed
mgs against which The Post was fighting
but IT. application in governmental ar
fairs BY Federal judges who were usurn.
ing the rights and authority of the exccu,
tive and legislative branches Of the gov.
eminent and assuming to control public
Affairs and settle great public issues II,
their orders from tho hench--in a word 4,
was government by Injunction" against
which The Post has been constantly con.
tending
At last the matter has assumed the
proportions Of a great political issue, and
It will figure in tho noxt campaign as ons
Of the great Queationa Of that struggle
me democratic position Of last year or
this subject Il Just beginning to be under,
stood. and It will not surprise thoughtful
nan = the country rises EN- masse aSalns
the tendency towards GENERALIZATION Of
power through tho Efforts Of petty fudge.
% substitute injunction az on arbltrar,
governmental function rather than "A al
anciliary issai proceeding