The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-12-03
WISDOM IN NJUNCTIONS.
Proper Use of This Power Rather Than
lis Abolition Demanded.


enactment Of law In connection with
the issuance of injuuctions. attention
having been sharply drawn to the mat
ter 10y the demand that tho right OF
applying lnjuuctions i'm labor cases
should hc wholly abolished. II Is at
least doubtful whether a law abolish
ing altogether the use OF lniunctions I'm
such cases would stand the test Of the
courts I'm which case. Of course. the
legislation would be ineffective. More
over, | believe 1t would bc wrong alto
gcthcr 10 prohibit the use Of njunc.
tlons. II Is criminal TO permit sympa-
thy for criminals t. weaken our hands
I'm upholding the law. and II men seol,
to destroy life or property by mob vio-
lcucc there should be no impairment of
the power Of the courts 10 deal with
them in the most summary and cnfcc-
tive way possible. But so far MS pos.
slhlc the abuse Of the power should he
provided against by some such law rs
advocated last year.
In this matter Of injunction there IS
lodged I'm the hands Of the judiciary n
necessary power which Is nevertheless
subject to the possibility of grave
abuse. 1t Is n power that should be
exercised with extreme care and should
be subject to the Jealous scrutiny Of all
men, and condemnation should be met
ell out as much to the judge who fails
TO use II boldly when necessary as to
the judge who uses IL wantonly or OPP
pressively. OF course n Judge strong
enough to be tit for his Office will en-
join any resort to violence or intlmi-
datlon, especially by conspiracy. no
matter what his opinion may be of the
rights cf 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 I'm forbldding laborlng
men 10 strive for their own bettermcnt
In peaceful and lawful ways. nor must
the injunction bc used merely to aid
some big corporation in carrying out
schemes for its own ACKNOWLEDGEMENT.
1t must be remembered that prelimi-
nary injunction in labor case, If
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 and therefore
II improperly granted may do irrepara-
bic wrong. Yet there are many judges
who assume n matter of course grant
ing Of n preliminary injunction to be
the ordinary and proper judicial dispo-
sltiOn OF such cases, and there have un-
doubtedly been fragrant wrongs com
mltted 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 10 do away with the power Of
injunction, and therefore such careless
use of the injunctive process tends to
threaten its very existence, for If tho
American people ever become convinc.
ell that this process is habitually abus-
ed, whether in matters affecting labor
or in matters affecting corporations. II
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 sentl-
ment and the judge who does thus dis
regard public sentiment when 1t 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 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-
tion which would forbid any criticism
Of the judge of another type, who
shows himself timid In the presence OF
arrogant disorder, OF who on INSULT
clont grounds grants an injunction
that does grave injustice, or who I'm
his capacity as a construer, and there
fore In part n maker, of the law, In
fragrant fashion thwarts the cause of
decent government The judge has n
power over WHICH no feNleW can De
exercised. He himself sits in review
upon the acts Of both the executive
and legislative branches of the govern
mont Save in the most extraordinary
cases. he is amenable only at the bar
Of public opinion, and 1t IS unwise to
maintain that public opinion in refer
ence to a man with such power shall
neither be expressed nor led.
The best judges have ever been fore,
most to disclalm 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
have given ii in any cause others may
be at liberty TO judge Of me-" The
proprieties Of the case were SGT forth
with singular clearness and good tenn
per by Judge w. II. Taft when a Unit
ed States circuit judge, eleven years
n Uo In 1QaE,