The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-07-22
JUSTICE BREWER ON INJuNcTIoNs.


Justice Brewer of the United States Su-
preme Court. who recently helped to clarity
the atmosphere by his strong definition of
lynching as murder has rendered another
service by pointing out not only the harm
lessness but the usefulness of injunctions
From the beginning of the senseless outcry
against government by injunction" the
Journal has maintained that there was no
foundation for 1t. 1t has pointed out that
the remedy by injunction in equity courts
was very old one in English and American
law. and very essential to the protection
and preservation of the rights of all classes
If it is abused, or IL any court oversteps its
legitimate limits. there is a swift remedy
for that in appeal and reversal. but the
process of injunction itself is as deserving
of preservation as that of habeas corpus
or any other proceeding for tie protection
of the rights of person or property. The
courts know its proper sphere, and when
and to what extent 1t may rightly be ap-
piled. Persons who know nothing of law
and whose only idea of equity is to have
their own way and assert what they con-
ceive to be their own rights, regardless of
those Of others, are not competent to judge
Of the merits Of the writ of injunction The
phrase government by injunction" origi-
mated when Eugene V. Debs was arrested
for contempt of court In violating an in
junction issued by the United States Court
during the great railroad strike of 1894.
Debs and his associates thought they could
defy the law and the order of the court
with impunity, and because they were pun
ished for it they started the cry of govern
ment by Injunction which was quickly
taken up by the Democratic party as an
available campaign cry. BY clamor and re-
iteration many persons have been made to
believe that government by injunction" is
new invention of the courts and that they
are using it to undermine the rights of the
| people and establish a sort of judicial des-
| potism. The truth is there has never been
| an injunction issued except for the protec-
ton of personal or property rights. and the
remedy that is invoked to-day for the pro-
lection of the rights of capital may be
needed tomorrow to protect those of labor.
These views OF the Journal are fully con-
firmed by recent declarations of Justice
Brewer. In an address before the State
Bar Association of Iowa a few days ago he
advocated the extension rather than the
restriction of the exercise by federal courts
of the power Of injunction. He said that
| labor organizations misunderstood and mis-
conceived the situation if they imagined
| that the issuance of injunctions Is a blow
of the free exercise OF their full rights.
He said
| IL appears that there is a clamor against
the exercise of the equitable power Of in
junction by the courts. An effort has been
made to make of 1t political question.
| Government oy injunction has been made
| the subject of easy denunciation. So far
| from removing or restricting this power
there never was time when its full and
vigorous exercise was worth more to the
Nation than 1t Is to-day.
AS the population becomes more dense
and as their interests grow and crowd each
other. the restraining power of court OF
equity is of far greater Importance than
| the Furnishing power of court of criminal
law. l am aware that the labor organiza-
| tons are especially sensitive and think the
injunction is used against them and to their
/ prejudice. But they will come to see that
| there is no thought of disturbing them In
| the peaceful exercise of their rights, blu,
| only TO prevent wrong and violence.
The real point Of difference between the
courts and those who denounce government
| by injunction is as to what the word
rights includes. The courts hold to the
ancient and true doctrine that no person
has right to interfere with the rights OF
another. and they draw the line between
employers and employees with inflexible jus.
tice, while those who maintain the right t.
use intimidating and coercive methods vir-
tually ignore the rights of others. Dis
cussion will bring about much clearer un
Outstanding of the subject. and such state
ments as that of Justice Brewer are a val
| liable help in that direction.