Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1906-12-04
INJUNCTION POWER ABUSED
Check Should Be Applied to Wholesale
Use on Behalf Of Capital. n


Use on Behalf Of Capital.
In my last message 1 suggested the
enactment of law In connection with
having been sharply drawn to the
matter by the demand that the right
of applying injunctions In labor cases
should be wholly abolished. 1t is at
least doubtful whether a law abolish
ing altogether the use Of injunctions
in such cases would stand the test Of
the courts; in which case Of course
the legislation would be ineffective.
Moreover believe 1T would be wrong
altogether to prohibit the use OF in
functions. 1t is criminal to permit
sympathy for criminals to weaken our
hands In UNFOLDING the law; and IL
men seek to destroy life or property
by mob violence there should be no
impairment OF the power Of the courts
| to deal with them in the most sum-
mary and effective way possible. But
so far as possible the abuse Of the
power should be provided against by
some such law as I advocated last
year
In this matter Of injunctions there
Is lodged In the hands OF the judiciary
less subject to the possibility of grave
L
exercised with extreme care and
should be subject to the Jealous scru-
tiny Of all men. and condemnation
should be melted out as much to the
Judge who fails to use 1t boldly when
necessary as to the judge who uses 1t
wantonly or progressively. OF course
a Judge strong enough to be fit for his
Office will entoin any resort to vfo-
lence or intimidation. especially by
| conspiracy. no matter what his opin-
| ion may be of the rights OF the orig
inal quarrel There must be no hest
tation in dealing with disorder. But
there must likewise be no such abuse
of the injunctive power as Is implied
in forbtdding iaboring men to, strive
for their own betterment in peaceful
and lowful ways: nor must the in
junction be used merely to aid some
big corporation in carrying ou
schemes for its own ACKNOWLEDGMENT
1t must be remembered that pre-
liminary injunction in a labor case, Il
,,s.ranted without adequate proof leyel
when authority can be found to sup
port the conclusions of law on which
1t IS founded), may often settle tn
dispute between the paftlaa; and there
fore II improperly granted may do ir
reparable wrong. Yet there are man.
judges who assume q matter-of
course granting OF a preliminary In
junction to be the ordinary and prop
er judicial disposition of such cases
land there have undoubtedly bee
Migrant wrongs committed by Judge
\ In connection with labor disputes eve
within the last few years, although
think much less often than In forrne
years. Such judges by their unwia
acuion immensely strengthen tn
: hands OF those who are Arriving en-
Itirely to do away with the power (
injunction; and therefore such carelei
!. use Of the injunctive process tends
! threaten Its very existence. for X II
American people ever become cor
WINGED that this process In habituall
labused, whether In matters affectin
labor OF In matters affecting corpors
tions, Il will be well-nigh impossib
to prevent it, anoiitien.
II may be the highest duty Of.
Judge OF any. given moment TO disr'
gard, not merely the wishes OF ind
tviduals az great political Of financi
fpoweN but the overwhelming tide
y public sentiment; and the judge WI
d8As thus disregard public sentine
: when 1t Is wrong, who brushes ash
the plea of any special interest VII
the pleading Is not founded on right
= OuBHebS, QcIIuElus tuc iheHiSss SVs ~
. to the country. Such judge Is
serving OF all honor: and all hon
9 cannot be paid to this Wise and fes
: less Judge IL we permit the growth
: an absurd convention which would r.
9 bid any criticiBsn of the judge Of q
Z other type, who shows himself tin
3 In the presence Of arrogant disord
8 Tor who On insumcient grounds graz
an injunction that does grave injs
= tice, or who in his capacity as &C
3 struer, and therefore In part . max
9 OF the law, in dagrant fashion thwa
the cause Of decent government.
y Judge has q power over which no
81 view can be exercised: he himself Z
- iin review upon the acts OF both
q lexecutive and Legislative branches
g lYhe government: save IN the most ,
t~aordinary eases be II amenable 9
SD ~ The bar Of public opinions; and