Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1897-10-27
G. c. CLEMENTS VIEWS ON THE APPLICATION OF
INJUNCTIONS
Not the right to grant inuncdons but the granting Of
functions in improper cases for improper purposes.
is the point Of attack by the opponents Of
Government by Injunction"

not the power of legislation? When,
therefore, judge issues an injunc-
ton forbidding under penalties an act
not previously forbidden by law, does
he not legislate? Is not his injunc-
ton in reality new criminal law en-
acted by judge instead of the 1egis-
lature? Is not Legislation govern
ment? And is not legislation by in
junction rightly called government
by injunction?'
Again, injunctions are processes of
the courts of equity, and it is a con-
stantly applied maxim in those courts
that the sutton must come with clean
hands;'-he must be himself acting
justly in the matter in hand. A court
of equity always, except in cases
against strikers, refuses its aid to one
who is doing wrong and seeking iu-
dicial assistance in wrong doing.
Now, when an employer presents his
application for an injunction against
strikers why should not the court ask
him: why are these men acting
thus? What is at the bottom of this
trouble? Have you been acting right
eously toward these striking laborers?
Come, out with it; what conduct of
yours has provoked this conduct of
your late employers?" A court has
not only the right to ask, but upon the
commonest maxim of equity jurispru-
dence is bound to ask, such questions
as these. Were courts to ask them of
an employer seeking an injunction,
the whole controversy between an en-
ployer and his men would thus be put
into course of judicial investigation on
principles of natural justice; for no
injunction would be issued by a court
until satisfied it was net to aid AFRO
giant oppression. Many labor dis
pute would thus be ended before it got
fairly started; and courts would be of
some use in such cases. For, once the
court had become possessed of all the
facts, 1t would apply another equita-
BILE maxim:-"Who asks equity must
do equity" and would say to the en-
ployer; Under the circumstances re-
vealed here, you ought in justice to do
so aud so as to these men. Are YOU
willing to thus do equity? If so, write
In your application your offer to do
what the court requires of you, and
the injunction will be granted, other
wise, your application will be denied.
II you want equity, you must do
equity See how, if the courts would
treat strikers as it treats other people.
labor troubles could be judicial1y set.
tied on the principles of the broadcast
justice. Were courts to act thus. who
could justly complain of such govern
ment by injunction? But courts do
not act thus. The employer is always
treated as saint prosecuted for right
eousness sake, and the strikers as
wanton disturbers, risking their bread
and making trouble for fun.
Again, if the law forbids keeping a
saloon, an officer with a winchester is
not stationed in each block to shoot
any man attempting to open a joint.
The man is arrested and taken before
some tribunal for trial, and he is not
killed in the first instance, So, if a
court enjoins a man from recording a
mortgage, it does not station a "bad
man" at the door of the office of regis
ter OF deeds to prevent violation of the
injunction, the man is left perfectly
free to violate the injunction if he
wants to, and the court does no bust
ness whatever with him till he does
violate it; then it sends for him and
proceeds to worry him in its own de-.
hoerate judicial way. But nowadays.
as In Pennsylvania, when a court is-
sues an injunction against strikers. il
sends an army with it to prevent dis
obedience. Who ever heard of such a
thing in any other case? And the
sheriff arrests men on sight for viola
ting the injunction, when the only
lawful course is for some one to make
afidavit as to the violation and asks
the court for an attachment. Men i