The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1902-07-11
MOONS PHASES.
GOVERNMENT BY INJUNCTION.

GOVERNMENT BY INJUNCTION.
The Democratic National CAM
paign Platform in 1896 contained
some excellent features. Among
them was protest against govern
ment by injunction. The action that
brought this state of affairs about
was great railroad strike in the
West when the companies used the
process of injunction by the Federal
Courts as the means DIMINISHING the
offenders. At that time, Senator
David B. Hill was a member Of the
upper House from New York. He
introduced bill in Congress
against too liberal use Of the in
junction process, as we'll as against
the summary punishment of strikers
for contempt of court by the same
Judges that ordered the issuance of
the writ. 1t almost unanimously
passed the Senate, but was not con-
sidered in the House and has been al
most forgotten.
The question has recently been re-
vived by a decision of Judge Gaynor,
of Brooklyn, which has been reversed
by the Court ofAppeals in New York.
Judge Gaynor had refused to issue a
writ of injunction for a firm whose
workmen were on strike and who
alleged that the strikers were intimi-
dating their new employees by
threats of violence. In ordering the
writ to be granted, though too late
for avail by the firm, the Court held
that it sis not necessary for blood
shed to have followed, but it is enough
that the intent to resort to violence
was made clear" The Court went
on to say that it is better for the
givers and takers of work, as w ell as
for the peace and order of the State,
that the courts before whom the
parties are heard should intervene
than that violations of the law should
be unrestricted untilit becomes neces-
sary to invoke the strong arm of the
Executive for protection of persons
and property. The violent and forci-
bic hindering of others from the per-
Torrance of actn that are unlawful
are now punished by laws of many
ofthe States. This applies to strikers
as well as others and for the punish
ment of these offenders the courts can
always he invoked, but it appears to
be very convenient for some employ
ers to call upon the writ ofinjunction
instead of pursuing the ordinary
criminal process. If the offenders, in
ignorance of tile intent of this danger
Gus and formidable legalinstrument,
should continue their agitation they
incur contempt of court, which can
he tried without indictment or jury
by the Judge, who can summarily pun
ish at will. 1t has been urged by a
number of eminent jurists that the
absolute power which are lodged in
the hands Of the Judiciary are most
dangerous menace to our civil in
situations. The beaten paths of
criminal Jurisprudence are far more
safe than this new-fangled process of
injunction for anticipating criminal
Offences and thus robbing the accused
Of one Of the most sacred privileges
which can be thrown around the safe
guards of liberty-the right of trial
by jury.
THE BILLION DOLLAR CONGRESS.
The work Of the one billion dollar
session of Congress Just ended, if we
eliminate the regular appropriation
for the support of the Government,
and few pet measures that favorite
Congressman were able to push
through for their constituents, may
be summed up in a very few words.
The general bills affecting the whole
country are the Isthmian Canal Bill,
the Irrigation bill, the Philippine
Tariff bill, the bill for Civil Govern
ment of the Islands on the British and
Dutch Colonial plan, the Anti-Oleo-
margarine bill, the Permanent Cen
sus Bureau bill, the renewal ofChinese
Exclusion Law and the repeal of
Spanish war tax. The Philippine
Tariff imposing 70 per cent. of the
Dingley duties on imports from the
archipelago is in violation of the uni
form policy of the Government save
in the brief departure in the case of
Porto Rico.
Both the Isthmian Canal project
and the Irrigation bill belong in an
equal degree to the two parties. The
repeal of the Spanish war tax may be
attributed to public pressure, which
had to be needed. When these de-
auctions are made, there is very
meagre remnant of legislative work
upon which the Republicans in Con-
gress can make a new appeal for the
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