The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-04

| ok Whlch alone in this country fha sarf,7.-l
| 4ty OF their property depends 1t vgas com
n-1tted behalf Of eresr rsil7aaa So,l.- 80
! poration, which, like other railroad ror-
1 - - aelottis' mas received gratuitously from
me state large and valuable PRIVILEGES FOR
tne pubHcs $ convenience and its azFn
which performs quasi nrIhIi~ ff1,,.4sr,,,- 80
Wnlch IS charged with the highest obfI-
CATION IN the transac ction of its business
to treat the citizens 81 this eolsr1frv ,IiJSo
ana NOT TO carry on its business with IN
Just determinations between different cifi-
Aens or 0lTerent classes Of citizens This
crime IN It's nature is one usually done
/ with secrecy, and proof of which II Il
very dinlcuit to obtain The interstate
sMensg years ago Ever since that time
complaints of the granting OF rebates ~
iisattrotus iates nave psen common, urgent, and
a -.slst tels; ahu d4Lhough the congress has
repeatedly passed legislation eudeayorine
70 put stop to this evil, the difficulty of
secutlon in these cases is SO great mat
TINS IS the first case that has ever been
9Eohght N this court and. as 1 am In
formed this case and one recently
brought in Philadelphia are the only cases
that have ever been brought in the cast
ern part of this@ country IN fact but
brought in this country east oT ures+
NOW, under these circumstances / am
forced to the conclusion. in a case Ii
which the proof is so clear and the facts
to fix a penalty which shall in some de.
gree be commensurate with the gravity
PENDANTS, in my opinion the principal
penalty should be imposed on the corpor-
pEeanInaDiy. acted without any advantage
to himself and without anv interest IN tho
or in accordance with what he understood
ployer.
The sentence Of this court in this case
Is. tnat the defendant Pomeroy for each
OF the six offenses upon which he has
been convicted, be fned the sum Of 81, 900, I
making six fines, amounting in all to the
sum Of $1,000; and the defendant The New
York Central and Hudson River Railroad
far Q~f 1F he Sly r,V-frr,
which It has been convicted. be fined the
sum of eco, making six fines amounting
in the aggregate to the sum of Sl0S,000 |
and Judgment to that effect will be en-
tered in this case"
In connection with this matter / would /
like to call attention to the very unsat- /
isfactory state Of criminal law. re- (
sulting in large part from the habit Of set (
ting aside the Judgments of inferior courts /
on technicalittes absolutely unconnected /
with the merits OF the case, and where +
there is no attempt to show that there +
has been any failure Of substantial justice. /
It would be well to enact law providing i
something to the effect that:
No judgment shall be set aside or new
trial granted In any cause. civil or Grim
inal. the ground Of miSdirection of the 1
Jury Or the improper admission or re1ec- 4
ton Of evidence, or for error as to any |
matter OF pleading or procedure unless. 7
in the opinion OF the court to which the
application Is made, after an examination
of the entire cause. 1t shall afffrmattvely +
appear that the error complained OF has
resulted in a miscarriage Of Justice
Injunctions.
In my last message I suggested the
enactment of a law in connection with
the issuance OF injunctiOnS, attention
by the demand that the right of applying
wholly abolished It is al least doubtful
whether a law abolishing altogether the
use of injunctions in such cases would
stand the test of the courts: In which
ineffective Moreover. I believe 1t would
be wrong altogether to prohibit the use
rnpathy saT criminals to weaken our
hands In unfolding the law; and if men
violence there should be no impairment
of the power Of the courts to deal with
way possible. But 50 far as possible the
abuse of the power should be provided
against by some such law as advocated
last year
In this matter of inJunctions there is
lodged In the hands of the judiciary a
necessary power which is nevertheless
subject to the possibility Of grave abuse.
1t is a power that should be exercised
with extreme care and should be subject
to the Jealous scrutiny Of all men. and
condemnation should be meted out as
much to the Judge who fails to use ii
boldly when necessary as to the judge
who uses 1t wantonly or oppressively. OF
course a Judge strong enough to be fit
for his office will enjoin any resort to
violence or intimidation, especially by
conspiracy, no matter what his opinion
ing with disorder RIIt there Y1,ist like
wise be such abuse Of the injunctive
power as is implied in forbidding labor
ing men to strive for their own better
ment in peaceful and lawful ways nor
must the Injunction be used merely to
aid some big corporation in carrying out
must be remembered that a preliminary
injunction In a labor case, II granted
thOrity can be found to support the con-
clusions Of law on which it is founded,
NAY l, oIten settis the dispute between the
parties; and therefore II improperly
granted may do irreparable wrong Yet
Lhere are many Judges who assume
matter -oI-course granting Of prelfm-
mary Injunction to be the ordinary and
proper judicial disposition Of such cases;
and there have undoubtedly been fragrant
wrongs committed by judges in connec-
ton with labor disputes even within the
aSt rev years, although l. think much
less often than in former years. Such
judges by their unwise action immensely
striving entirely to do away with the
careless use of the injunctive process
lends to threaten its very existence. for
( the American people ever become con
yinced that this process is habitually
abused. whether in matters affecting :
abor or in matters affecting corporations,
t will be weH-nigh impossible to prevent ,
It's aboIiuorl j
It may b. the highest duty Of a judge
1T any givNn moment to disregard. not {
merely the Wishes Of individuals of great !
political or financial power, but the over
y helming tide of public sentiment and
senllment when Il is wrong, WHO brushes
aside the plea Of any special interest
when the pleading is not founded on
performs the highest ser I
fice to the country. Such judge is de- I
'erving of all honor. and all honor can !
lot be paid to this wise and fearless
udge If We permit the growth of an alb !
surd convention which would forbid any
criticism Of the judge Of another type, /
Who shows himself timid in the presence
# arrogant disorder. who on insuffi-
,ient grounds grants an Injunction that I
ioes grave injustice, who in his ca I
7acity as a construer, and therefore in
1art maker. OF the law. in fragrant fashion {
hwaTts the cause Of decent government :
rhe judge has power over which re- I
g y S.-A ,N 81 IA9S7u- tie iiAASSA sils II /
I've and legislative branches Of the gov !
,rnment; save in the most extraordinary :