The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1902-05-30
A REAL DANGER.

NOunus very much Ike something MI
Bryan said years ago and has re
peatedly said since. But il come
from source bitterly hostile TO Mr.
Bryan, and one. strange to relate
who, with all the vensm of a rattle
strenuous nature, has criticised tn,
injunction plank of the Kansas Cit,
platform. time without number. 1t il
more of that cumulative evidence tina
the country is beginning to see anC
realize that ". J. Bryna and his Kan
sas City platform were the right.
The clipping is from the Chicago
Chronicle, and reads as follows:
The growing tendency to resort tc
injunction in cases where a remedy al
law is provided and really available is
to be deprecated not so much because
the remedy is not the one lest adapted
to the end sought to be accomplished
in each particular case as because it is
autocratic in its tendency and charac-
ter.
Judge Tuley gets down to the core
of the matter when he calls attention
to the fact that the president, without
any stretch or usurpation of authority.
exercises more power directly ema-
mating from his Office than any potent
ate ON earth, and goes on to ask:
What will be his power If he can
control both labor and capital in this
arbitrary manner by writs of injunc-
tion issued by judges holding Office for
life, enforced by United States mar
shals appointed by himself and backed
by the military power of the United
States, of which he is commander in
chief2'
ut is not as an alarmist that the
judge finds in this something which is
more than analogous to the star cham
Der court of England, which was of
like origin and which was abolished as
AN intolerable burden to the subjects
and the means to introduce an arbi-
trary power ana government
1T is because of the essentially au
tocratlc character of the proceeding and
because If its necessary tendency to
degenerate into mere engine of
state that its increasing employment,
and especially for the control of both
labor and capital, is to be not merely
deprecated but viewed with alarm
individuals or corporations that are
believed to have violated some law and
are suspected of an intention to repeat |
and persist in the violation are brought
into court and enjoined against rep
etition. If they are accused of repe- |
tition they are brought into court and !!
tried and sentenced for any term at |
the discretion of the court without the |
benefit of jury. Thus one of the most |
sacred of human rights is abrogated.
There is no limit to the extent to
which this invasion of the right of
trial by jury may be carried, and there
is no limit to the arbitrary punish
ment which may be inflicted, short of
The entire supersedure of the criminal
aw by the arbitrary injunction proce-
lure.
Beginning with cases where the
7iolation of law and the intention to
rotate it are manifest, it is an easy
transition to arrest upon slight sus
)icion, to issue the writ upon slight
that the orders of the court
ave been disobeyed.
In short, by easy and natural
tages all the elaborate structure of
aw which has been won at enormous
ost for the protection of the liberties
nd the rights of the individual may
Q undermined and overthroWn. We
re here in the very presence of tyr
my
The notorious fact that great pro-
ress has already been made in the
Institution of the writ of injunction
or the prescribed remedy at law is y
proof that this is real and b
OF an imaginary danger. a
''To say trat we have good presi o
emit and good judges who are as "
rongly attached as anyone to our Il
1stem of government and law and a
no would not think of doing any e
ling calculated to impair its safe .
yards does not make the danger, any v
So. y
Constitution defining and limiting "
lie functions and powers of the differ
1T departments of government are not p
ade for those in power who are both VI
eat and good, but for those who may
3 disposed to be bad, and we are u
able to be afflicted with the latter y
nd, as the people of other times and y,
her lands have been. u
cit behooves us not to feel too sure &c
existing conditions in view of the u
bitrary exercise of power since the ~
ginning of 1898 in our insular pos as
ssions. oe
"It is now known to everyone who al
res to know that the executive te
anch of the government has been
erse to any Legislative interference
til or regulation of its exercise of
wer in those possessions and has
withheld the information
cessary to intelligent legislative &C. =
N. W.
AN executive who is inclined to Or
sent interference with his exercise of 90
oitrary power in one place may fairly sW
suspected of a disposition to exercise an
)itrar power wherever he can. MI
Not to press that point, it is neces- pr
y to emphasize the proposition that or
will not do to relax that vigilance an
ich is the price Of liberty" III
t don t look just right to turn down
Barbee and yet hold fast to the Tn
ney. "Oh. consistency, consistency,
II art Jewel, -