Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-12-04

such law as ] advocated last year.
In this matter of injunctions there is
lodged In the hands OF the judiciary 4
necessary power which is nevertheless
subject to the possibility OF grave
abuse. II Ia power that should he
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
"a use IL boldly when necessary as to
the judge who uses 1t wantonly or OPP
pressively, or course u Judge strong
enough to be NJ for his office will en-
join any resort to violence or intimi-
dation. 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 I'm
peaceful and lawful ways: nor must the
injunction be used merely to aid some
big corporation IN carrying out schemes
for its own ACKNOWLEDGMENT. IL must
be remembered that a preliminary In
junction In a labor case, II granted
without adequate proof (even when au-
thority can be found 10 support the
conclusions of law on which II IL found
ed), may often settle the dispute be-
tween the parties; and therefore II im-
properly granted may do irreparable
wrong. Yet there are many judges
who assume n matter of-course grant
ing OF Il preliminary 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 last few years, although
| think much less often than In
former years. Such judges by their
unwise action immensely strengthen
the hands OF those who are striving
entirely to do away with the power
Of Injunction. and therefore such care
less use OF the Injunctive process tends
to threaten its very existence, for II
the American people ever become con-
WINGED that this process is habitually
abused, whether In matters affecting
labor or IN matters affecting corpora
lions. It will be well-nigh impossible
to prevent It's abolition.
II may be the highest duty OF a
judge at any given moment TO dis
regard, not merely the wishes Of indi-
viduals OF great political or financial
! power but the overwhelming tide OF
public sentiment; aud the Judge who
does thus disregard public sentiment
when IL Is wrong who brushes aside
the plea OF any special interest when
the pleading IL not founded on
Righteousness. performs the highest
service to the country Such Judge
Is deserving Of all honor; and an hon
or can not be paid TO this wise and
fearless Judge II we permit the growth
of an absurd convention which would
forbid any criticism OF the Judge OF
another type, who shows himself Tim
id m the presence OF arrogant dlsor-
der, or who on insufficient grounds
grants am injunction that does grave
injustice. or who In his capacity as a
construer AMI therefore In part a
maker, OF the law, In fragrant fashion
thwarts the cause of decent govern
ment. The judge has power over
which no review can be exercised.
he himself sits In review upon tho
acts Of both the executive and iegis-
latlve branches Of the government:
Continued on page three.)