The record-union., 1897-09-01
CASES IN POINT.

The Stockton MAIL" in the course
Of Il long article full of error, and So
phistical to the last degree, says:
Now, then, we make bold to say that
it is not the business Of courts to pre-
vent men from trespassing or from do
ing other illegal acts which they may
have in contemplation. It is the bus
mess of the courts to punish men when
they have actually committed crime.
The law itself is the perpetual injunc-
ton against all wrong doing. The
courts are the instruments whereby the
law Furnishes those who violate this
injunction.
All of which sounds well. But there
is another Office of the law besides
melting out punishment. It is, always
has been, and always viii be, the office
Of law, which is the outgrowth Of the
necessities and experience of man
kind, to prevent irreparable injury, to
stay trespass and to intervene to pro-
hibit the commission Of wrong against
the right of another, where appeal for
the ordinary remedy will not be ade-
quate.
Strike down this Office, and what re-
suits? A man incapable of responding
in damages, is digging alongside the
wall Of the Mail" mans house. The
wall threatens to fall and bury the
Mails" household goods. The Of
fender may be permitted to go on and
undermine the Mails" tent hooks, but
what then? VIII punishment replace
them? Shall not the law on being ap
pealed to stay the hand of the de-
stroyer?
Another one stands threateningly in
the path of the Mails" approach to its
castle, and forbids its owner to pass.
The trespasser persists Shall not the
fellow be arrested for obstructing the
inalianabIe right of the "Mail?" And
this arrest will be but one form of in
junction. True, in that case the Of
fender may have his trial by jury. But
if he persists after punishment and
repeated warnings and places himself
IN such an attitude, having present
ability, that his offense will work ire
parable injury to the right of the
Mail" shall not the latter appeal to
the law to command the offender to
cease? seeing that, the law affords
no other speedy and adequate remedy.
If the offense is not to be reached
by ordinary processes of law, if the
injury is irreparable and the offender
IS incapable of responding in damages.
shall the victim suffer rather than
appeal to his country to forbid and re-
strain the wrong doing? But all such
commands are temporary. the party
forbidden is called into court TO make
good his defense; If he cannot, the or
der is made permanent. If after that
he defies the command of the tribunal
Of the people and continues to obstruct,
injure and undermine, shall he go I'M
restrained. or be punished for con-
temptuous conduct towards-not the
court, but the laws of the people, Gre
ating. limiting and authorizing courts
Arrival and enemy of the Mail" threat
ems the life of the editorial writer; he
swears TO do him TO death. The
Mail" man may appeal to a magis-
trate of the law to restrain the man,
and without intervention Of jury bind
him over TO keep the peace. and if he
cannot give bonds, TO turn a jail lock
upon his liberty. This is done every
day. and it is injunction of the most
drastic order. In that case it viii not
do TO wait until the crime is actually
ed because of what he has in con
temptation" for unless he is so with
held the Mali man viii be irrepar-
ably injured. seeing that he viii be a
long time dead.