Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-12-04
WISDOM In INJUNCTIONS.
Proper Use of This Power Rather Than
Its Abolition Demanded.

In my last message suggested the
enactment of law in connection with
the issuance of injunctions. attention
having been sharply drawn to the mat
ter by the demand that the right of
applying injunctions in labor cases
should be wholly abolished. 1t is at
least doubtfn' whetheg a law abolish.
ing, altogether the use of iniunctions in
such cases would stand the test Of the
courts, in which cases. of course. the
legislation would be ineffective. More
ever. believe it would be wrong alto,
gether to prohibit the use of injunc,
tons. 1t is criminal to permit sympa-
thy for criminals to weaken our hands
In unfolding the law, and If men seek
to destroy life or property by mob VIC
lence there should be no impairment Of
the power of the courts to deal with
them in the most summary and effec-
tive way possible. But SO far as pos
sible the abuse OF the power should be
provided against by some such law as
advocated last year
In this matter of injunction there is
lodged in the hands of the judiciary n
necessary power which is nevertheless
subject to the possibility Of grave
exercised with extreme care and should
be subject to the jealous scrutiny of all
men, and condemnation should be met
ed out as much to the judge who fails
to use it boldly when necessary as to
the judge who uses 1t wantoniy or op-
pressiyely. OF course judge strong
enough to be fit for his Office will en-
join any resort to violence or intimi-
dalton, especially by conspiracy, no
matter what his opinion may be Of the
rights of the original quarrel. There
must be no hesitation in dealing with
disorder. But there must likewise be
no such abuse of the injunctive power
as is implied in forbidding laboring
men to strive for their own betterment
in peaceful and lawful ways, nor must
the injunction be used merely to aid
some big corporation in carrying out
schemes for it's own ACKNOWLEDGEMENT.
1t must be remembered that prelimi-
nary injunction in a labor case, If
granted without adequate proof, even
when authority can be found to sup,
port the conclusions Of law on which
it is founded. may often settle the dis
pute between the parties. and therefore
If improperly granted may do irrepara-
Bile wrong, Yet there are many judge
who assume matter of course grant:
ing Of a preliminary Injunction to be
/ the ordinary and proper judicial dispo
sition OF such cases. and there have un,
doubtedly been fragrant wrongs com,
mitted by judges in connection with
labor disputes even within the last few
years. although think much less often
than IN former years, Such Judges by
their unwise action immensely strength
EN- the hands of those who are striving
entirely to do away with the power of
Injunction. and therefore such careless
use OF the injunctive process tends to
threaten its very existence, for IL the
American people ever become convis1c,
ed that this process Is habitmaliy abus
ed, whether in matters affecting labor
or In matters affecting corporations, it
viii be well nigh Impossible 10 prevent
Its abolition
As TO Public Opinion.
II may be the highest duty Of q Judge
ct any given moment to disregard pot
u