The record-union., 1897-09-02
GOVERNMENT BY INJUNCTION
ARGUMENTS PRESENTED ON
BOTH SIDES.
Quotations From Leading Journals
Widely Differing in
Opinion.

That the readers of the Record
Union" may have a clear idea OF the
arguments used by both sides IN the
discussion Of what is popularity called
Government by Injunction" we pup
lish the following article from the Lit
erary Digest which contains express
sions from leading and representative
papers:
No topic provokes more discussion III
the press at the present time than So
called government by in1unctlon.
Taking the daily newspapers from all
sections of the country as they reach
this Office, it appears that among those
which express any opinion regarding the
1njunctions granted against the strik-
ing coaI-miners, for every journal that
defends the injunction proceedings hVe
condemn them and two defer with more
or less reservation to the judgment OF
the courts. The Chicago Chronicle"
goes so far as to claim that Judges
should be impeached for such misuse or
power.
Much of the criticism is directed
against the scope of the writs OF in
junction as denials Of the right OF free
speech and peaceable assemblage guar
anteed by National and State Constl-
kutions. But there are critics in con-
servative quarters who question the
dustice of applying equity proceedings
xt all to cases of this kind. The basis
sof the latter criticism is clearly set
forth inean article by w. F. Willoughby
an the yale Review (AugusD:
mot long after the Chicago strikes
she writer hazarded the prediction that
If civil Judges sitting in equity were
to apply the principle Of the blanket
injunction against an indefinite number
of unnamed persons from doing acts
On themselves otherwise criminal quite
as bodily as they did in 1894, pubic
sentiment would hardly tolerate 1t. The
peculiar feature of a single Judge sit
ting in equity is that he is both Judge,
plaintiff, party injured, witness, ana
Jury in cases based upon the obserV-
ance Of his own DEGREES or orders; and
although an old historic power OF the
chancellor, originally the Kings chief
Anan of justice, it is the only instance
afforded by Anglo-S Saxon communities
of a power at once judicial and exec
utive, singularly Like that of an East
ern potentate. This was said not by
way of criticism of the specific per-
formance and contempt principles of
equity jurisdiction, which have proved
most useful, and are the only real
strong arm of the law in civil cases;
but by way of warning that If car
ried to the extreme of some reported
decisions, the people through the Leg
aslatures would be likely to destroy this
valuable Jurisdiction entirely; and now
this, in Kansas, has been done. The
statute is called An Act to establish
trial by jury in cases Of contempt of
court and restricting the powers of
Judges and courts in contempt pro-
ceedings 1t divides contempt of
court into two classes; direct con-
tempts, those committed during the Sit
ting of the court or of Judge at cham
bers in his presence-as to which the
law is left practically untouched-and
5ndirect contempts, which are all those
not committed in presence of the court.
In these the process Of summary pun
5shment or restraint of liberty upon ex-
parte affidavits is entirely done away
with. Nothing can be done in case
of indirect contempt even when the
person guilty be a party to the suit,
except upon return of an officer on a
process or an affidavit duly filed; there
upon a writ of attachment must issue,
and the person be duly arrested and
brought before the court; thereupon a
written accusation must be filed, in
effect an indictment, and the accused
required to answer the same by an
order which shall fix the time therefor
and the place of hearing; only after
this answer or failure to answer can
the court proceed; and even then only
to a hearing; and if the accused an
swer, the trial must proceed upon testi-
anony as In criminal cases, the accused
is entitled to be confronted by the wit
nesses against him, and may always
apply for a jury as in ordinary Grim
inal cases; the testimony must be pre-
served, and the order or sentence is
subject to review or writ of error. Now
as upon allowance of such appeal or
writ of error, the statute requires that
the execution Of the judgment must be
stayed upon the giving of such bond
as the court may require. that is, upon
the giving of an ordinary appeal bond
it will be easily seen that the effect of
this statute is to take away all the
force Of equity process at the time it
is needed, viz, while the riot, strike.
or boycott is going on. The striking
leaders are very important persons at
that moment; but it is not likely that
the District Attorneys, still less the
5uries, will trouble themselves with fol-
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