The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-08-25
fire Judges 10 Be
Also Makers OF Law ?
From the Springfield Republican.

We are obliged to the New York Eve
ming Post for an accusation against this
paper for using language in discussing
the coal strike injunctions calculated to
incte the strikers to violence. Unfor-
tunately true is it that questions of this
kind cannot be effectively discussed on
the side opposed to assumed authority
without seeming to the thoughtless and
casual listener to place the speaker IN
the attitude of making light of lawless
acts But the time to deal with issues is
when they arise, and not when the acts
creating them have become a memory,
and those who want a postponement OF
the question until it Is cooler are those
who would postpone 1t altogether, and
let admitted evils pursue their way un-
opposed. Furthermore, it is not true, we
believe that plain speech upon labor
grievance has the effect of melting Ia
borers to violence. The better way to
provoke violence is to admit the griev-
ance and then refuse to give ii voice,
and leave it to rankle in the breast of
the victim, and drive him to desperate
acts. That has been the mistake of des-
potic governments from time immemor-
ial, and nothing could be worse for the
peace and order of our country than for
the press to stand muZzled before ac-
knowledged evils in fear of the effect
of free and honest discussion on the
masses aggrieved.
AS we see it, the courts of equity have
raised an issue of such gravity in re-
| spect to the orderly processes of free
| government that it cannot be overlooked.
| There are two general cases to which, it
| must be conceded, equity proceedings do
| not appertain:
/. Cases covered by existing law, such
| as trespass, intimidation, assault. And
| yet the injunctions issued by the federal
court in West Virginia and by the state
| courts in Pennsylvania are specifically
| directed against possible offenses of this
| class, and Judge Jackson goes to the
| length in his injunctions of forbiddng
| ''unlawfup' acts-of applying equity pro-
ceedings to admittedly unlawful doings.
| This is palpable abuse of power.
| 2. Cases where the Individual or corror-
| alton is acting clearly within the law, in
| a long recognized and undisturbed man.
ner, Whether any of the acts calling for
| the injunctions in West Virginia and
| Pennsylvania are If this class we do not
| know, though the peaceable marching on
| the public highways might seem to be.
| o
| Obviously, however, the whole proceed
! ing of a pcaceable strike as INDUCED in
for years falls under this latter class OF
| cases, and in directing the power OF
equity against any of such proceedings,
| the courts are making offenses of what
| are not recognized by law as offenses, al
| though the law-making power has long
been cognizant of the Gcts. The only peg
| on which to hang an excuse for equity
| proceedings is that any strike has be-
| come, in the present complex order of in
| dustry, a means of public disturbance and
| indirect injury to many innocent inter-
ests. In the last analysis the strike in
| junction must rest here and here alone,
for justification. And this is the feet
about a strike. 1t is a cause of public
disturbance, and ar injury to many in
| terests. But shall the judiciary then pre-
sumo to take upon itself the responsible
ity of interfering where the proper au-
thorities have distinctly refused to act?
| This is to permit the whole power of leg
| islature, law and administration to pass
| into the hands of the courts, to be eXer-
cised in equity and contempt proceedings,
and in subversicn of all the individual
rights and safeguards which experience
has established.
Such a transgression upon the duly con-
st.tuted prerogatiVes of government can
hardly be permitted. 1t is better that So
ciety sweat and suffer under these lawfui
strike disturbances and injuries until II Is
moved TO apply remedy in the proper
way to apply 1t, than that the judiciary
shall unchallenged take over initiatory
powers I'm government which do not be-
long to II.