The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-07-30
i. PAGES TODAY.
SUPPRESSION BY INJUNCTION"

Here is another leading editorial on the subject OF
Federal Judge Jacksons recent decision in the con
tempt case it is from the Chicago Record Herald one
Of the leading Independent papers OF the country;
District Judge John Jay jackson Of the Federal
court at Parkersburg w va who sentenced six lead
ers OF the striking miners jail for contempt Of court
in violating an injunction issued by him, has made
new issue as to right organize which can not be
too quickly taken TO the supreme court for hna set
tlement with his definition of the scope OF an inJunc
ton as an old and efficient remedy for wrongs
and injuries otherwise reparabe there is small room
for difference But there is much room TO question hs
exercise of the power of court of equity to mike it
contempt of court 10 exercise the common right Of as
sembage agitation and united action on Me part Of
employees.
Until very recently courts Of equity were content
10 exercise the prohibory and gtltutory power Of in
junction to the doing of unlawful acts or to
prevent injuries to persons and their property for
which there could be adequate remedy or penalty
at law But has neyerbeen recognized that courts
could create wrongs or crimes not known to the law
by enjoinng acts perfectly lawful in Themselves
Grave peril turks in the shifting Of the crimecreatng
authority from the legislative assembly to the jude
airy Out of'the usurpation OF any such power has
grown the dread and donnneation OF government py
Injunction.
"Iuf the case before Judge Jackson there was no
py0o of any efforts or acts the part OF the defend
ants to commit violence by threats or any unlawful
means to compel employees who were not dissatisfied
with their work in the mines to lay down their picks
and shovels and to quit their work without Just or
proper reason therefor Tive work of agitation was d.
rected to the organizing of the employees Of certain
coal company into "A union, which union might or
might not pass upon tho question of strike 1t was
for the coal company to forbid its employees to enter
union on pain of dismissal from its ervico But court
has no jurisdiction to Interfere until the Legislature
has made it statutory ofense to organize union
among the employees Of company which objects to it.
''No publicist statesman, says Judge Jackson,
loyal to his country ever claimed that free speech
gave the right any to advocate and defend trea
son his country destruction TO its institutions
But no one heard OF court Of equity enjoining
man from advocating defending treason, and there
by laying the foundation for contempt proceedings.
Besides treason is crime very narrowly defined by
the constitution and Judge court make that
treason by restraining order which does not come
within the constitutional prohibition of levying war
against the United States adhering to their enc
mics giving them aid and comfort
1--WE have very recently how congress fought
shy of charging tho crime of from
to include the denunciation of the government its
chief magistrate And it is safe to say that what con
gress would not make crime no court or judge can