Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-05
WISDOM IN INJUNCTlONS.
proper Use of This Power Rather Than
Its Abolition Demanded.

Its Abolition Demanded.
In nv last message | suggested the
enactment of n law in connection with
the issuance of injunctions. attention
having been sharply drawn to the mat
fer hy 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. More
over. believe it would be wrong alto
gether to prohibit the use Of injunc>
tons. 1t is criminal to permit symra-
thy for criminals to weaken our hands
in unfolding the law. and if men seek
to destroy life or property by mob vio-
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
necessary power which is nevertheless
subject to the possibility Of grave
abuse. 1t is 4 power that should be
exercised with extreme care and should
be subject to the jealous scrutiny Of all
:; 81, Ln NJ
ed out as much to the judge who fails
to use it boldly when necessary as to
The judge who uses it wantonly or op-
pressively. OF course a judge strong
enough to he fit for his Office will en-
Join any resort to violence or intimi-
dation. especially by conspiracy. no
matter what his opinion may he of tie
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 its own ACKNOWLEDGEMENT.
1t must be remembered that 4 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-
bic wrong. Yet there are many judges
who assume a matter 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 injunctve process tends to
threaten It's very existence. for if the
American people ever become convinc-
ed that this process Is habitualy abus-
ed, whether in matters affecting labor
or in matters affecting corporations, it
will be well nigh impossible to prevent
It's abolition.
As to Public Opinion.
1t may be the highest duty Of Judge
Mt any given moment to disregard not
y,1n fl,n u, - til
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 a judge is deserving Of all
honor. and all honor cannot be paid to
this wise and fearless judge If we per-
init the geowth 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
Gent grounds grants an injunction
that does grave injustice, or who in
bis capacity as Il construer, and there
fore in part 4 maker, of the law, in
fragrant fashion thWarts the cause of
decent government. The judge has a
power over which no review can be
exercised. lie himself sits in review
upon the acts Of both the executive
and legislative branches Of the govern
mcnt Save in the most extraordinary
cases, lie IS amenable only at the bar
Of public opinion. and It is unwise to
maintain that public opinion in refer
cnce to a man with such power shall
neither be expressed nor led.
The best judges have ever been fore
most to disclaim any immunity from
criticism. This has been true since the
days of the great English Lord Chan
Ccllor Parker. who said. let all peo-
pie be Mt liberty to know what found
my Judgment upon. that so when 1
have given 1t 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