The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-25

absolute necessity for the exercise of the
| Equitable Jurisdiction OF our Courts by
Injunction against certain acts commenc-
cd or threatened. and the principle or
intunctive relief against tort. peculiarly
applicable TO the case sighted. is, that
wherever damage is caused or threatened
TO property. admitted or legally ad-
judged to be the plaintiffs by an act OF
the defendant admitted or legally ad-
judged TO be civil wrong, and such
damage is not adequately remediaole AT
law, the inadequacy OF the remedy at
law Is sufficient equity and Will warrant
an injunction against the commission or
continuance Of the wrong. There Is not
| a word In the Chicago platform against
\ injunctions based upon the above prln-
ciple
The great trouble with most people In
| the consideration of this question IS, that
| they cOnfound the injunctions that have
| been recently awarded by the Federal
! Courts in some cases, In deprivation OF
the rights of the States in local affairs
and the infringement Of the constitutional
rights of the citizen. with the ordinary
| injunctive proceedings to prevent the
commission or continuance Of certain acts
| commenced or threatened. it is the
former OF these proceedings against
which the Democratic party has declared
! its opposition. and we must dimerentlate
| between the two If we would understand
that declaration of the Chicago platform
I have been taught TO believe that the
fundamental principles of the Demo-
cratic party are. among other things
the right OF local self government, the
equality Of citizens before the law ana
the utmost liberty Of the individual
within the reasonable bounds Of law.
take IT, that the recent declaration OF
the Democratic party in the so-called In
Il
an annunciation Of these principles IN
opposition to injunctive proceedings OF
the Federal Courts that were an in
fringcment upon them
The case, which is supposed to have
given rise to this plank in the Chicago
platform, and which illustrates the ques-
lions involved IS briefly this. In 1894 or
1895 large number Of men who were
employed by sundry manufacturing con-
Germs i'm and around Chicago went out
on a strike. more or less trouble occur
red between employers and employees,
leaders Of the strikers attempted 10 effect
a compromise of the differences, etc,
without success Finally The leaders is
sued a proclamation 20 the strikers call
ing upon them TO meet at certain time
and place TO consider the situation. rs
soon as this came 10 the knowledge Of
the former employers they made april
tAtiNH 10 TIC htftA bAtN'" t'A tttN'N
district for an injunction restraining The
strikers from meeting at all The IN
junction was granted. and notice served
upon the strikers. Notwithstanding tbs
the strikers proceeded at the appointed
time 10 the place of meeting in defiance
of the injunction. Many Of them were
arrested upon the highway and cOmEft-
ted TO Jail for contempt. Now we claim
this was an unwarranted exercise Of the
rff If fgf "A
ton Of the constitutional right Of these
people under article / of the amendments
Of the Federal Constitution. which guar
antees TO the people the right Of peace
able assembly, and 20 petition the Gov
eminent for redress Of grievances.
This action of the judges was also VI
oiation Of the spirit N not the strict let
ter of the provisions Of articles and D
of the amendments TO the Consii 1tlon'
the former OF which provides that no
person shall be deprived of liberty with
out due process Of law. and the latter or
which provides for trial by jury in all
criminal prosecutions. This case must
not be confounded with the right Of
Courts to commit persons for contempt
who are guilty Of conduct either in the
immediate vicinity or presence Of the
Court calculated TO interfere with the
due administration Of justice
If these people were committing any
breach of the peace Or law it was the
function and duty of the state author-
ties 10 suppress and bring them To JUS
tice. and any interference on tie part OF
the Federal authorities was in violation
OF the Constitution. and an unwarranted
assumption of authority I'm purely local
affairs. But some one viii ask. was not
this action on the part Of the judges JUS
titled by the circumst ln"es; these people
were strikers, they had already peen
guilty OF acts Of violence, ana was there
not reason TO believe that the object Of
this called assembly was TO conspire
against The property interests and per-
haps the lives of the manufacturers?
! answer. no circumstances will over
Justify judge i'm overstepping the bounds
OF the law. or exercising an unwarrartel
authority. and that for him 10 do So
brings the law and those who administer
the law Into contempt. These peOpis
were exercising a constitutional priv
iiege in meeting together peaceabiy and
this exercise Of personal liberty under
the constitution is above and beyond all
judges, courts and statutes to the con-
trary Notwithstanding.
The Federal Government is n govern
ment of delegated and limited powers
defined IN the constitution under which
II subsists. and the enumeration I'm the
constitution of certain rights shall not
retained by the people; and the powers
not delegated to the United States by
the constitution, nor prohibited by It TO
the States. are reserved TO the States re-
spectively, or TO the people. Furthermore
the great principle upon which our gov
eminent is founded is the balance Of
power between the several departments
OF government. l. G.. the Executive the
Legislative and the Judicial Now
the action Of these Federal Judges
imprisoning these people when they
OF every principle upon which our govern
ment is founded IL was an unwdrrant-
ed interference in local affairs IN viola
ton Of the Constitution of the United
States. IL was an exercise OF the powers
of government by injunction. IN contempt
Of the laws OF the States and the tights
OF citizens, and the judges thereby be-
came at once legislators. in that they
made law, Judges In their Interpretation
Of the law they themselves had made,
and executiOners of the law when they
committed these people TO jail. They at
once struck a blow at the states GU
thority which IL followed up will CVen-
tually subordinate the States 10 he Fed
erai Government I'm a relation Sr lar
10 that now occupied by the counties 10
the State governments. They destroyed
for the moment the balance of power be-
tween the various departments Of cur
government which Is its underlying ard
fundamental principle. And II Is against
such acts as these. and these alons .hat
the plank of the Chicago platform ab'N .
referred to Is aimed. No man has 81