The herald., 1897-09-14
THE NEW TYRANNY

IT was a terrible outrage. More than
forty men shot down in an instant OF
time. and one-half Of their number dead.
The victims carried no arms, trespassed
upon no mans property, and were peace
fully marching in the public highway
when they were shot, down. by a. sheriff
and his deputies. Such are the facts that
remain after the Latimer massacre has
been divested of all the insulting person
alities behind which the officer seeks to
establish flimsy refuge. But the crime
is far too great to be covered up by mere
manufactured prejudice. Men in the
peaceful exercise of a constitutional
right were murdered.
What if the officer was even acting un-
der the order Of court? He must know,
at his peril, that the order under which
he acts is a lawful order. He is charged
at his peril with the knowledge that in
junction orders, although issued under
the seal of a court, cannot lawfully sus-
rend constitutional rights and guaran-
tees.
The refusal Of the officer to execuate,
or Of the defendant to obey, an unlaw-
full order Of a court, is not contempt
That much is a settled principle of law.
There is, therefore, a divided response
bility resting between the Judge who
issued the injunction and the officer who
assumed the responsibility of enforcing
the writ. True. the accommodating
judge need not have foreseen the calam
ity that the process would involve but
he took all the chances. And here We
are, face to face with the usurpation of
government by injunction. And before
making any structures upon the court
as the department of government to
which is entrusted the proper interpre-
tation Of the laws. we should be careful
to distinguish between the court and the
Judge who presides there. 1t Is always
the abuse Of his high prerogative by the
judicial incumbent that brings the court
-esta blished by the people for their
we'll being-under suspicion.
Judges are sometimes the mere acci-
dents of political caucus or the crea-
lures of an aspiring politician, and not
Immaculate; and it would be better for
the cause of good government that q
score of reckless ones should be i'm
peached than that the least court in the
commonwealth should suffer adverse
criticism in the direction of it's rightful
exercise Of jurisdiction. But unfortu-
nately even the judges are becoming
lustful of power. The field of legislation
has become too much restricted as the
measure of the opportunities of the ire
sponsible and ambitious among them
Startling innovations upon established
principles have been made by eminent
judges within the past three years, and
it has unfortunately happened that the
public confidence in the courts has beer
proportional tely impaired.
The injunction orders that have been
issued against the coal miners are mol
based upon the true interpreta ton of
any statute. Congress could not, under
the constitution, pass law that would
forbid a company of unarmed men IN
time Of peace from peaceably and qu-
etly marching in the public highway
And this thing that the two houses of
congress and the president could moi
Go, was done by a'local judge in the name
of the court.
1t is high time to call halt in this
evil business The conspicuous figures
are few, as yet, and the time is oppor-
tune to fix the limit of judicial respon-
sibility. Usurpation can bring nothing
but disaster, and the confidence of the
people in the courts is Of more impor-
tance than the official services of many
men. 1t does not improve the case that