The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-20
AS TO INJUNCTIONS.

After maintaining a judicious silence
for several days on the subject Of gov
eminent by injunction, the Pioneer
Press breaks it, unwisely, to remark
upon the effect of the injunction policy
upon the great strike, and to announce
what it has nc authority for, that we
are aware of, namely, that the labor
leaders have confessed that they are
in the wrong 1t adds: ut is notice
able that the newspapers which made
so much ado about the injunction are
not equally honest. Instead of acknowl-
edgfng that they were in error, they
take refuge in silence, which is at least
a confession that they are ashamed of
themselves If any newspaper has
COntended that an injunction might not
be issued with propriety forbidding in
dividuals to trespass upon the property
of others, or to commit breach of the
peace it should be both silent and
ashamed. Outside of the more violent
brand. which rarely meet the eve of
intelligence, we do not know of any.
The newspapers which have declared
that the injunctions issued at the re-
quest of the mine operators by Judges
Jackson and Collier were too sweeping
in their terms, and that their use on
this occasion was unjust and unneces-
Sary, appear to have nothing to retract.
On the contrary, the whole mass of en-
lightened and lfberty-lovfng opinion is
on their side.
That particular infamy, the iniunc-
ton of Judge Jackson, which is the
one persistently referred to by the Pho
neer Press, although it is far less COM
prehensive in its terms and sweeping
IN its effect than that of Judge Collier,
orders the defendants named not onIv
TO refrain from entering upon the prop
erty of the coal company and from in
timidation and violence, but it also re-
strains the defendants from assem-
bling in paths, approaches and roads
OF said property leading to and from
their homes and residences to the
mines. The law of every country
properly attaches penalties to overt
acts, and is very chary of interference
with liberty upon the mere suspicion or
presumption that something unlawful
Is intended. In as far as the paths.
approaches and roads" referred to were
public highways, this injunction was
unWarranted
Another clause restraints the strikers
from unlawfully melting persons who
are engaged in working the mines from
ceasing to work IN the Mines" The
saving word in this is the word "un-
lawfully" Were it not for that the
practice aimed al would be clearly he
yond the proper power of the court to
prohibit. Yet the very use of the word
in the connection shows the anxietv
of the court to stretch judicial powers
beyond their proper province. What is
1t to 'unlawfully incite" persons to
leave the service in which they are en-
gagged? Threats, we understand and
physical violence, but they are already
dealt with. This "unlawfully melting"
Is mere elastic phrase, and it would
be just as sensible for a federal court
In this city to issue an injunction for
bidding the people to pass to and fro
"unlawfully" upon the streets of ST
Paul. Except where expressly defined
by statute. the courts properly deal
with the unlawfulness of acts after
they are committed, and not before.
The injunction issued by Judge Collier
is the one upon which some previous
comments of the G. 10 b were based.
We have the full text of it before us.
and the essential portion is as follows:
1t Is now ordered, adjudged and decreed
mat a restraining order issue against the
ABOVE named defendants and others associ-
ated with them in the matters complained of
az me SAID bill, restraining and enjoining
them, and each of them from assembling
marching or encamping in proximity of tha
Sa.q mines and the houses Of miners of the
p-3NhU company, in Allegheny county Penn
sy!Vania for the purpose by Intimidation
meDaees, threats and opprobrious words of
preventing said miners of said plaintiff com
nahy from working in said mines: and fur
thcr restraining and enjoining them and
each of them, from inducing or comneliino
plaintiff now employed or who NAV here
slter be employed, to quit their work or to
leave The plaintiffs service by any threats
menace AID show of force or other intimida
ton.
Here, again, we find the obvious and
conscious effort tc stretch the power