The Leon reporter. (Leon, Iowa) 1887-1930, 1901-08-22
OUR INJUNCTION JUDGES.

Sooner or later the question OF in
functions bv judges must be vigorously
discussed and finally disposed of ny the
American people. 1t is impossible to
te'l just when the versatility Of the in.
junction mind will be exhausted or just
when the patience of the American peo.
pie will be exhausted.
We have half dozen judges enjoin.
ing men against exercising free speech
in other words, the judges literally for.
bid men to exercise right which il
guaranteed them by the constitution Of
the United States.
A judge overrides the constitution,
and under the present injunction sys.
tenn he can imprison and me at will
any citizen who ventures to place the
authority of the constitution above
that of the petty Judge.
In Cleveland an honest mayor and an
board of assessors endeavored to tax
Mark Hanna's street railway at two.
oAAAtuo "a lVS dCtudl Vdluo.
A judge has been found to issue an
injunction forbidding the city to tax
this street railway fairly.
In other words, Mark Hannah, who,
as the boss of the republican party,
has power to make, promote and other
wise reward judges, can find a Judge
who will forbid city officials to tax
eauitably the property which Hanna
owns. The power Of influencing judges
is not confined to Mark Hanna himself.
His son Daniel finds a Judge who
grants him an injunction forbiddlng
Daniel Hanna's first wife taking her
own children to Europe with her.
We don't propose to discuss Mr..
Daniel Hanna's private family affairs,
although he invites discussion by max.
ing them the basis Of an injunction suit.
But we do know that court worthy
of respect had given the first Mrs.
Hanna control of her children, we know
that they were brought into the world
with great suffering, and we know that
a judge to grant an injunction restrain
ing her from taking her children with
her is an outrageous exercise of misplace
ed authority.
Recently in very large American
city an important trial was suddenly
stopped because the judge was drunk.
The statement that the Judge was
drunk was made to the newspaper re.
porters by an official of the court, the
district attorney.
Every newspaper refrained from tell.
ing the truth in the case,
Gommoa ssrset tr q i: ss,s i, /. that his
Judge. perhaps q yIctlm Of illness. should
be spared, if only for the sake Of the
dignity of the bench in general.
But suppose that that Judge, instead
Of being mildly intoxicated and wise
enough to adjourn court, had been
intoxicated.
Suppose that an interested party at
the trial before him had objected to the
trial proceeding, on the ground that the
Judge was drunk.
That judge, drunk as he was, could
have sent the man to Jail for contempt
Of court, and could have kept him there
at his pleasure.
In other words, a drunken Judge
could put any citizen in Jail for an in.
definite time, basing the imprisonment
on contempt of court, and the man i'm.
would have no right to appeal
or to trial by jury. Judges are among
the ablest and most orthy citizens Of
the country, but they are not essentially
different from other citizens. They are
not gods. They should not hold an
which could be safely intrust.
ed only to one omnipotent, infallible
and perpetually just.
A judge issues an injunction forbid
ding you to do such and such thing.
You may have perfect right under
the constitution of the United States to
do that which he forbids. His injunc-
ton may be unjust a and illegal, but
neither this injunction nor the authority
Of the constitution will save you if YOU
disobey the injunction. The Judge him.
self. the offended one. has then absolute
power to punish you. He can fine you
or put you in Jail at his pleasure. You
have no possible appeal.
In any ordinary transaction the cit
lzen who is supposed to have committed
an ottense Is entitled to trial by Jury and
to appeal his case.
But if you offend an Injunction Judge,
he himself is the jury, he the judge, he
fixes the penalty.
This is law, but it is a stupid law.
worthy of Turkish pasha, not of civ.
ilized country.
Such laws exist because we allow the
judges and the lawyers to make our
laws for US and to make such laws as