Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1901-12-12
THE INJUNCTION PROCESS.

conviction OF crime.
Does the HERALD regard this as one
of the advances of the past cen
tury Huntington News.
The News refers to the property IN
functions and contempt of court pro
ceedings that have recently been
applied quite generally to alleged rum
sellers in Vermont. With certain
evidence before it tending to show
that place is being used for the
illicit sale of liquor, the court issues
temporary injunction restraining the
proprietors, and frequently the own
ers. of the property from longer per-
hitting the sale to continue. Inc
parties against whom the injunction
is directed are cited to appear before
the court and show reason why the
Injunction should not be made perma-
nent The court then hears evidence
as to the nature of the business car
ried on at the place enjoined. II it
finds that liquor is sold therein con-
trary TO law, the injunction is con-
tinued and made permanent. II the
finding is of an opposite nature, the
Injunction is dissolved. The proceed
ings in case OF an alleged violation OF
an injunction, whatever the matter in
VOWED, are alike. The violator is
brought before the judge who Issued
the injunction to answer to the charge
of contempt of court. The court has
issued its order, and if he has dis
obeyed it he has thereby shown con
tempt of the authority that issued 1t.
The proceedings differ materially
from any other in criminal practice.
The accused cannot appeal to jury
to determine whether he is guilty OF
contempt or not-the same judge that
gave the order decides also as to
whether it has been violated. The
same Judge also names the penalty,
which is usually very severe either a
heavy fine or Imprisonment.
1t is not strange that the wholesale
exercise Of this arbitrary power ere
ates bitter opposition. There is a
strong, and we may say, growing
sentiment that demands the end OF
government by Injunction This is
not true particularly of Vermont, as
regarding rumsellers, but throughout
the country, wherever the process is
invoked, and especially during the
progress of labor troubles, when
courts issue orders calculated to pro-
tect property ana guard against VIC
lence.
The purpose of the injunction is to
anticipate wrong-doing and insure
right-doing. The order Of the court Is
in line with existing law. True, it
might be otherwise, if judge saw
fit. but there is no complaint on that
score. The party against whom it is
directed is warned to do or not TO do
something that there is good reason to
believe he contemplates doing, pre-
judicial to the rights of others, or the
public, as defined by law. He has q
chance to be heard and to show that
he is within his rights or that he is
uniustly complained of. Then the
Judge may vacate his order. The
court is here the Judge of the facts,
The reason why a jury cannot be in
troduced is that it would lead to
humiliation and loss OF dignity to the
court at least, that is the theory
The issuance OF an injunction is sufii.
cient justification of itself. For jury
to 90 back of it and try the cause
would be anomalous. And as to the
violation, it is contended that the
Judge who enjoined is more compe'
tent to find the facts than would be 8
jury, possibly tiuged with sympathy
for the accused. whose verdict might
make farce of the whole proceeding
To introduce jury trial in contempt
cases would be to rob the co1rt of it;
chief protection against insult and dis
obedience, in the opinion of our mos
learned lawyers. With recourse to 8
jury, a person might, under certain
: conditions, defy the court in all pos
sible ways, to the great embarrassment
OF justice.
On the other hand, it is discernibl,
: how easily the power of the injunction
may be abused. A biased or vindic
tive Judge can cause no end Of mis-
chief and hardship by means of thu
, injunction. To allow any one man
whatever his temporary title, to holt
such a power over others, withou
, check or hindrance, may justly b,
viewed with apprehension. The bes