Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-12-04

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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 it wantonly or OPP
pressively. OF course n 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 ACKNOWLEDGMENT.
| 1t must be remembered that a prelimi-
nary injunction in a labor case, il
granted without adequate proof, even
| when authority can be found to sup
port the conclusions of law on which
| 1t is founded, may often settle the dis
| pute between the parties, al Il therefore
If improperly granted may do irrepara-
| bic wrong. Yet there are many judges
| who assume m39ter of course grant
ing of preliminary injunction TO be
the ordinary and proper judicial diSpo-
| sitiOn of such cases, and there have I'M
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 if the
American people ever become convinc-
ed that this process is habitually abus-
ed, whether in matters affecting labor
or In matters affecting corporations. 1t
will be well nigh impossible to prevent
its abolition.
AS to Public Opinion.
1T may be the highest duty of judge
at any given moment to disregard not
merely the wishes of individuals of
great political or financial power, but
the overwhelming tide of public senti-
ment, and the judge who does thus dis
regard public sentiment when it is
wrong. who brushes aside the plea of
any special interest when the pleading
is not founded on righteousness, per-
forms the highest service to the coun-
try. Such n judge is deserving of all
honor, and all honor cannot be paid to
this wise and fearless judge if we per-
NIT the growth of an absurd conven-
ton which would forbid any criticism
Of the judge of another type who
shows himself timid in the presence of
arrogant disorder, or who on INSULT
clent grounds grants an injunction
that does grave injustice, or who in
his capacity as 4 cOnstruer, and there ,,
fore in part a maker. of the law, in
fragrant fashion thwarts the cause of |
decent government The judge has |
power over which no review can be |
exercised. He himself sits in review |
upon the acts of both the executive |
and legislative branches of the govern |
ment. Save in the most extraordinary |
cases. he is amenable only at the bar |
of public opinion. and it is unwise to |
maintain that public opinion in refer |
ence to n man with such power shall |
neither be expressed nor led.
most to disclaim any immunity from
criticism. This has been true since the |
days of the great English Lord Chan
cellOr Parker, who said, Let all peo-
pie be at liberty to know what found
my judgment upon, that so when 1
have given it in any cause others may
be at liberty to judge of me-" The
proprieties of the case were set forth
with singular clearness and good tenn
per by Judge w. II. Taft when a Unit
ed States circuit judge, eleven years
ago, in 1895:
1.-THE opportunity freely and publicly
to criticise judicial action is of vastly
more Importance to the body polite
than the immunity of courts and
judges from unjust aspersiOns and at
tack. Nothing tends more to render
judges careful In their decisions and
anxiously solicitous to do exact justice
than the consciousness that every act
of theirs is to be subjected to the intel
ligent scrutiny and candid criticism
of their fellow men. Such criticism is
beneficial in proportion as it is fair.
discriminating and baseo
on a knowledge of sound legal prin-
ciples. The comments made by learn
ed text writer's and by the acute edi-
tors of the various law reviews upon
judicial decisions are therefore highly
useful Such critics constitute more
or less impartial tribunals of profess
sonal opinion before which each judg-
ment is made to stand or fall on it's
merits and thus exert q strong influ-
ence to secure uniformity of decision.
But nonprofessional criticism also Is
by no means without its uses even if
as it often is, by direct
attack upon the judicial fairness and
motives of the occupants of the bench.
for If the law is but the essence of
common sense the protest of many av
erage men may evidence a defect in a
indicial conclusion though based ON |