The times. [volume] (Richmond, Va.) 1890-1903, 1898-07-14
WHAT CHARGE WOULD THE DIS
PATCH MAKE?

Judge Akin, (whal 'u"7'
lno,y not; the newspapers reier 10 MN
as Mr.. John w. Akin president Oh INV
coo~sia Rar Association made an nu-
dress recently to the Bar Association u
coore,a in which he made great COM
plaint OF "the too free use Oh lnj' i''''''9
and the law making habit on the par.
NJ the Federal judiciary Ihe in'"'i'''''
Disnatch devoted half column cciloIl''
70 the subject on Monday last IN WHO"
., saws ION this subject ne was OUT
s,okep-so much SO. indeed, that many
90 his fellows stood aghast at ms
temerity" and the dispatch proceeu5
then 10 agree that while Judge AKIN
views have but little support in .th'
North his views are very popular In the
South. and particularly so here I'm RICH
mond.
This Is a very serious statement ana IL
demands careful examination. FOR
ourselves We deny absolutely that Judge
Akin's views are popular with the Well
informed of the South or Richmond city
Fxactlv the same rule governs I'm deter
mining when an injunction shall be grant
al in the Federal courts as in the state
courts of Virginia. The rule everywhere
in the United States-in state courts ana
in Federal courts-is that an injunction
will be granted If the threatened injury
cannot be adequately repaired 10y the
verdict of a Jury, but that it will not
he granted il II can be Adequately Ie-
haired by the verdict of a jury. Ihere is
no sort Of mystery about the matter. 1t
is as plain and as simple as two ana two,
and the rule is the same i'm every court
of the United States. State and Federal
Some Federal judge may think that in
particular case the threatened injury
cannot ,e adequately repaired by the
verdict of a jury and he may be badly
mistaken in this opinion. But in every
such case the party has his appeal and
the Court Of Appeals will certainly cor
rect this judge If he has made q mis-
take
A Judge OF a state court is just as apt
to make a mistake upon this point as the
Judge OF a Federal court and If he does
the only redress is correction upon APP
peal. but that correction is as certain as
anything human can be- The rule of law
though is plain and clear and IL is exact
" the same in the Federal courts as in
the State courts.
The Dispatch by way OF illustrating the
oppressiveness OF Federal procedure
says Here in Richmond the Akin view
is the popular view. Under iniunctions
issued by Federal judges q telephone
company Is doing business here, though
its charter has long since expired We
do not know the exact questions in this
case. IL the injunction has been granted
because a city ordinances interferes with
the operation Of an act OF Congress reg
ulating the mail service. (Which we be-
lleye TO DO the easel, the complaint
should not be Of the Federal court but
OF the Federal Congress for enacting such
a statute. But II the injunction was
granted because some private right was
being infringed, then st was granted be-
cause an injury was about 10 be inflicted
that could not be adequately repaired by
the verdict OF jury and Il the Federal
judge granting the injunction was wrong
IN his view OF that matter he will GER
tainly ne reversed by the Supreme Court
OF the United States. Unless he is re-
yersed 1t may be taken as a certainty
that the injury could not be- adequately
repaired by the verdict OF jury.
Would the Dispatch have the writ Of
injunction abolished ana leave those who
suffer injuries 10 remedial justice only
ana 10 such damages as can be obtained
by the verdict OF jury? Is It 10 be said
at this day OF our Christian civilization
tina. preventive justice shall no longer
exist. but that injured parties must rely
upon remedial Justice only and on such
damages as they may obtain when thoy
get twelve men TO agree about them and
are able 20 collect them If the malefaetors
prove 10 be peeunlarily responsible men'
who IL going 20 invest money In estab-
fishing enterprises IL he is told that a
mob may destroy his plant at its pleas
nre and that his ONLY recourse viii be
action for damages against the members
Of the mob? In our mind nothing can be
plalner than that all progress and deyel-
opment Of civilization depend upon pre-.
ysntlye rather than upon remedial jus
tice. and u this is true, what change