Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-07-28
JUSTICE BREWER ON "GovERN-
MENT BY lNJUNcTIoN."

Kansas City Journal: Justice
Brewer of the United States supreme
court, is entirely out of sympathy with
those who inyeigh against govern
ment by injunction" "Unless the law
is to place itself out of harmony with
the advancing civilization" he said in
an address at Des Moines Friday, 1.-THE
right to prevent wrong should have
an enlarged, rather than a restricted
scope"
The most frantic assailants of "gov.
eminent by injunction" do not question
the right and duty of society to punish
it's members who trespass on the per,
sons or property of their fellows. They
assume, however, that society's right
and duty, begin and end here It has
no right, in their view, to prevent a
man from doing the wrongful thing he
purposes. The murderer,s hand must
not be stayed until he has struck the
fatal blow. The incendiary must not
be restrained from applying the torch;
that would be an infringement on his
rights. Society must wait until he has
burned a house; then it should send
him to the penitentiary. Justice Brew.
er cannot see the matter this way. He
believes society not only has right to
punish a man for killing his neighbor
or burning his house, but that it has
right, and it is it's duty, to use its
whole power, if necessary to stay the
criminal and forestall the crime.
"The law" said Lord Eldon, tis com.
mon sense" If Lord Eldon's aphorism
is true, Justice Brewers position is
good law Indeed, it would seem that
nothing could be more completely op
posed to common sense than most OF
the cutlery against the exercise by the
courts of the power of law by injunc
ton. 1t is exercised for the purpose OF
preventing unlawful acts which conpe.
tent witnesses declare they have rea
son for believing are imminent. In
such case, who is injured by the issu
ance of an injunction. Not the person
restrained; because if he did not in
tend to commit the unlawful act, bis
| liberty is as great after he Is enjoined
as it was before; and if he did mean
to, then he is benefited rather than in
| jured, because he is saved from doing 8
| wrongful act and suffering the conse
quences. Nor is society hurt; because
| if no crime was to have been committed
society neither loses nor gains by the
Injunction, while if one was to have
been committed society gains by being
saved from the effects Of it.. If the
power of Injunction is to be exercised
there is, OF course, no authority SO
proper to employ it as the courts
whose business it is to interpret the
laws and mete out punishments.
"The cry against government by in
junction will eventually die out" JUS
tice Brewer thinks, and it will be felt
by all that the power is exercised not
only when necessity arises, and when
equity and justice demands" Justice
Brewers prediction was being fulfill
ed before it was uttered. The people
are daily becoming better acquainted
with the nature and scope of the pow
er of injunction and less prejudiced
! against it. The courts at the same time
are learning to use it with growing dis
erection as well as with growing cour
age; and it promises to become one Of
the most useful weapons in the armory
of society with which to keep order
and prevent wrong and outrage.