Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-07-31
THE USE or lNJuNCTIoNs.

have been one or two occasions when
there has been talk Of applying for an
Injunction against the strikers. Resort
10 that extraordinary remedy has not
been had thus far and probably Will not
be- But the threat Of such resort has
called forth comments ON It's use from
| various conservative papers that are
rather radical 1t is a time when II
can be discussed without prejudice or
passion for there is no campaign on,
and there is no question Of govern
mcnt by Injunction"
There IL a proper and an improper
use OF the Injunction. It may be made
an instrument to prevent wrong and
tyranny. IL may be made an lnstru-
ment 10 work wrong and tyranny It
largely depends upon the Judge which II
shall be- In the hands OF bad on
weak Judge the injunction Is liable to
become a terrible thing a thing to be
feared and avoided.
In Connecticut the other day It was
used to restrain some strikers. a hun
bred and flfty IN number, from picket
ing or patrolling the factory Of the
plaintiff company or from interfering in
any manner with its employees, by way
Of threats, persuaslons, personal vo-
lence. lntimidatons or other means"
II Is rather strange TO enjoin a man
from persuadIng his fellow man TO
adopt his view Of a matter, even when
that matter Is a strike.
A man enjoined from persuading "a
non-strker to strike would be guilty
Of violating the courts order were
he TO attempt to show the non-strik-
er why he should strike or why he him
self had struck Il would be the same
TO cali public meeting and urge his
arguments before strikers there. The
man who Is persuaded Is neither
threatened, menaced nor made afraid.
The constitutional guarantee Of free
speech and free press Is, in It's es
sence, the guarantee of the right TO
persuade. Where violence is threat
ened OF ouered theh II Is rlsnt 10 ~
strain Oy ihJunc''oli o' " p'Vse0' "
the strong arm OF 'he Jaw No' 80
where persuasion, the very antipodes
y, ,.t.,a,,o, 4, o,,,,,to,,od fndga q w
y, ''O''".0' ,,l.'.'..' -. p.a,a,
holihes' III t1e haHVFe' s'iVV" AVo''"'
case In dissenting opinion dehhea
bia nosition AZ follows.
If 1t be true that Worhlhsneh may
combine with vieW among other
things. To- getting as much as they can
for their labor Just as capltal may
combine with view 10 gettlns the
greatest possible return II must oe
trite that when combined they nave the
same liberty that combined caplial mas
to support their interests by argument.
persuasion and the bestoWal ofFelusai
Of those advantages Whlch they other-
wise lawfully control.
r,to, 4. , oo,,,,or CONGO ,law hut II
'' - 80, -.
was not that OF the Nohhect'Vut JUICY
in the Derby case. That case has
hrought ont rather strong adverse com.
-, a,,.t,,t,o- h,t -s,,,,,-
Hleht Iio'n sum any 'n'''h ~ -
OBSERVATION-DISCLOSURES pa
pers as the New York Evening Post,
H. poston transcript and sprinafela
u'e
Republican, Inc Fost says
+. oAn tot,,ction - This order ia max.
ing that criminal when me people, act
ns 'n,y j',,moi ,s se,sjnS aside ths ar.
binary safeguard OF the citizen in trial
By jury, ana is causing an innocent act
iS,i ,"" M ~ law From, which il NAV have
Noon corefuilv guarded Confusion and
tyrannv 40 not often rise higher than
XII many Jndee eager would
rnb the workman of The direct aud ordl
nary methods az enforcing his Views
and hiring The machinery of law To-
work IN an entirely unusual way in ia
vor nj hls adversary. If there IL
any dina in which the law should be
annlied with caution. moderation ana
fairness n Ia in connection with the
sattiemc-i Of questions involving the
ultimate welfare Of society. There ls in
these ouestions no temper OF criminal
inv but simply a wish 10 assert and
maintain rights, Inc judiciary al
ready suffers from the suspicion
among wOrklngmen that It does not and
win not bring TO this class Of questions
sound and unbiased opinion. They do
not believe that there Is a spirit OF
fairness al the bottom of the judicial
mind
nv 'o','u i'''''s, Nv. - -.
'",''e s''u IVA ! ''' 'r''S'' $50, ' Nv
anu o'u'' WV 49, ""' 1"'' "
Ine most laf reaching OF these re
cent lnJunctlons was the one issued last
week at DERBY. 'onnecucut' lhe court
enloined the l'i lnllFlduals named as
deiendanls rom plckotlns oi patioillhs
The factory oil me plaln'lh company
ana IRON interfering lh any manner
WIN us employees by Way OF threats
peisuasions, personal violence lnuihl-
dalton on othei means for uls"pey-
ing THIS order several persons were
promptly committed Tor contempt
fitle short of revolutionary. II inter-