The La Jara chronicle., 1906-12-07
Evasion by TechnIcalities.


I'm connection with this matter would
like to call attention to the very unsut-
isfactory state OF our criminal law, re-
sultlnE in large part from the habit of
setting aside the Judgments of inferior
courts on technicalItics absolutely un-
connected with the merits OF the case,
that there has been any failure OF sub
htanual Justice. II would be well TO en-
act a law providing something TO the
mo Judgment shall be set aside or new
trial granted In any cause, civil or Grim
inal. on the ground OF misdirectlon OF the
jury or the improper admission or re-
lection OF evidence, or for error as to any
matter OF pleading procedure unless
In the opinion OF the court to which the
application is made. after an examine
lively appear that the error COMPLAIN,
o. has resulted In miscarriage o.
Justice -
Injunctions.
On the subject of the abolition of In
functions In labor disputes, he says.
''ln my last message suggested the en-
actment OF law in connection with the
Issuance OF injuncttons, attention hav-
Ing been sharply drawn to the matter
by the demand that the right OF apply
Ing lnjunctons in labor cases should be
wholly abolished. 1t is at least doubtful
whether law abolishing altogether the
use OF inJunctions in such cases would
case of course the legislation would be
ineffective. Moreover, | believe IL would
be wrong altogether to prohibit the use
sympathy with criminals to weaken our
hands In upholdIng the law: and II men
violence there should be no impairment
OF the power Of the courts to deal with
them In the most summary and effective
way possible. But so far AS possible the
abuse OF the power should be provided
against by some such law as l advocated
last year.
''in this matter OF lntunctIons there is
lodged In the hands OF the Judiciary a
necessary power which is eyertheless
aNth oct fn he ng r,N.H
1t Is power that should be exercised
with extreme care and should be sub
ject TO the Jeaious scrutiny OF all men.
and condemnation should be meted out
much to the Judge who falls to use
II boldly when necessary as to the Judge
who uses 1t wantonly or oppressiveiy
or course. Judge strong enough to be
Mt for his Office will enJoin any resort
to violence or Intimidation. especially bv
conspiracy. no matter what hts opinion
may be OF the rights OF the original quar-
rel. There must be no hesitation In
dealing with disorder. But there must
likewise be no such abuse Of the In
junctlye power as is Implied in rorbiddir;
la6oring men 10 strive for their own bet
termeut In pelCeful and lawful ways.
nor must the Injunction be used merely
to aid some big corporation In carrying
out schemes for Its own Srandizemcut
II must be remembered that u prelifn-
mary Injunction In labor case. IL
granted without adequate proof tcven
the conclusions of law which II is
founded. may often settle the dispute
Improperly granted may do irreparablc
wrong. Yet there are many Judges who
OF preliminary Injunction. to be the
ordinary and proper judicial disposition
Of such cases: and there have undoubt-
rdly been fragrant wrongs committed
by judges In connection with labor dis
putes even within the last few years.
% Former years. % Such % Judges y by their sqh un, M
wise action Immensely strengthen the
hand. Of those who are striving entirely