The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-10
A GUARANTEE.
CRY OFFICIAL PAPER.
GOVERNMENT ny INJUNCTION.

GOVERNMENT ny INJUNCTION.
Government by injunction, as II Is
called. IL attracting considerable atten-
ton al political conventions. and even
where IL might be least expected,
mild criticism Of 1t is made, as sort
of SOD. Just as pleasant illusions TO
free silver were allowed to creep into
Republican platforms until 1t was no
longer the harmless thing it seemed.
So now. for want Of moral courage TO
stand up for the truth. or because OF
an ignorance OF the origin and the
purpose OF injunction. a false impress
sion is gaining which will one day
work mischief unless 1t is boldly met
at once.
Even Josiah Quincy, the mayor OF
Boston, who is not subject to the sus-
pleIon OF demagogy-if he deserves
his name, nor subject to the charge
of ignorance-if he deserves his office.
has taken the view that injunction is
"a dangerous thing" At a recent meet
ing In the city of Boston TO consider
the question of government by injunc-'
ton, he declared It TO be an assump-
ton by the courts of law TO issue or
ders forbidding large numbers of men
the doing of certain acts. and when
they do those acts 10 apply an order
locking them up. without a trial by
jury for contempt OF court. Josiah
Quincy did not keep as closely 10 the
truth as he might when he said that
the contempt OF court consisted mere
~ of men trying to better their poorly
paid condition, and In persuading their
fellow workmep to secure a more ade-
Qaate livelihood.
Gov. Altgeld, of Illinois. In his speech
on Labor day at Philadelphia. made
particular reference TO the injunction
placed upon miners going upon the
premises OF their employers, and per
suading" workmen TO quit their serv-
ice Altgeld was careful not to allude
20 the fact that at the close OF the per-
suasion the unfortunate workmen were
found insensible and beaten almost 20
a Jelly. He was careful TO avoid men
tioning that not a shot was fired or a
hand raised in defense of law and or
der. until men had been stoned by the
strikers. machinery had been damaged.
and threats had been made against the
lives OF superlntcndents.
II would seem from these speeches
that an injunction is some kind of a
novelty In jurisprudence. The fact is
that the antiquity of this writ is said
10 be no less than that OF equity. as
q distinctive branch of administrative
justice. Story says that the interdict
OF the Roman law bears a resemblance
10 the iniunctions OF courts OF equity.
The purpose CT the interdct and the
injunction was practically the same
namely. an interposition between two
parties. sort OF truce. as Il were. I'M
I'll the controversy between them could
be determined by trial Mayor Quincy
laid great stress upon the fact that an
injunction should be granted because
the defendant was insolvent and Who'll
y irresponsible for damages in an
action ct law. He says that this pre-
sumes that II the offender had been
man Of property. man OF wealth. il
would not have been necessary 20 set
IN action this extraordinary and I'M
usual power q the court. lie regard
ed it as a discrimination between the
rich and the poor; yet 20 is precisely I'm
such cases that the writ only can ~
granted. Equity viii not interfere by
injunction where the injury is not ir-
reparable and destructive % the plant
tI's estate. bat is susceptible ~ perfect
peeunlary compensation and Tor which
the party may obtaia adequate satisfae-
ton IN the ordinary course Of law. il
has been held also that where a &c
PENDANT asserts positively that 3, IS not
Tie intention 20 Go o e4rtain act or %
violate any particular right asserted
ny the plaintiff, and there De 70 evil
dence In show 90 the contrary. injune-
ton VIII rot issue.
TIE application OF injunction asainst
sctive intimidation by strikers "a not
new or confined 20 this country. s.
long ago as fSss. Vice CAanceYlar
Mains, in overriding demurrers TO
bnl for injunction. said that ~ 4
should turu ont that this court has
jurisdiction 90 prevent these mis-
gaiGed ard mislsa vorkinrner from
committing these acts Of intimidation
which SO 20 the destruction OF that