Arizona republican., 1906-12-05
STAIE OF THE REPUBLIC
Continued From Pace i.

procedure unless, after an examination
 of the entire cause, it shall affirmative. | ly appear that the error complained o has resulted in a miscarriage of justice INJUNCTIONS.
 Tn my last message I suggested the
 enactment of law in connection witt
 the issuance of injunctions, attention
 having been sharply drawn to the matter by the demand that the right of applying injunctions in labor cases
 should be wholly abolished It is at least doubtful whether a law abolish ing altogether the use of injunctions
 fin such cases would stand the test of
 the courts; in which case of course
 the legislation would be ineffective.
 Moreover, I believe it would be wrong
 altogether to prohibit the use of in
 juncions. It is criminal to permit sym pathy for criminals to weaken our
 hands in upholding the law; and if
 men seek to destroy life or property
 by mob violence there should be no i'm .
 pairment 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 injunctions there
 is lodged in the hands of the judiciary
 a necessary power which is neverthe-
 less subject to the possibility of grave
 abuse It is a power that should be
 exercised with extreme care and should
 be subject to jealous scrutiny of all
 men. and condemnation should be
 meted out as much to the judge who
 fails to use it boldly when necessary
 as to the judge who uses it wantonly
 or progressively. Of course a judge
 strong enough to be fit for his office
 will enjoin any resort to violence or intimidation, 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 in peaceful and lawful ways; nor must the injunction be used merely to aid some big corporation in carrying out schemes for its own aggrandizemenL IL must be remembered that a prelim- mary injunction in a labor case, if granted without adequate proof (even when authority can be found to support the conclusions of law on which it is founded). may often settle the dispute between the parties; and therefore II improperly granted may do irreparable wrong. Yet there are many judges who assume a natter course granting of a preliminary injunction to be the or dinary and proper judicial disposition of such cases: and there have un- doubtedly been fragrant wrongs com- mitted by judges in connection with labor disputes even within the last few years although I think much less often than in former years. Such judges by | their unwise action immensly strength l en the hands of those who are striving 1 entirely to do away with the power of i and therefore such careless ! use of the injunctive process tends to ' threaten its very existence, for if the , American people ever become convin- | ced that this process is habitually ! abused. whether in matters. affecting I labor CT in matters affecting corpora tons. it will be well-nigh impossible to prevent its abolition.
 LYNCHING.
 .In connection with the delay of the law. I call your attention and the at -ention of the Nation to the prevalence of crime among US, and above all the epidemic of lynching and mob violence .hdt springs up. now in one part of the country, now in another Each section North South. East, or West has it's own faults: no section can with wis lom spend it's time jeering at the faults ,f another section; it should be busy rying to amend its own shortcomings. To deal with the crime Of corruption | is necessary to have an awakened public conscience, and to supplement 4 his by whatever Legislation will add 1 ;peed and certainty in the execution ,f the law. When we deal with lynch ng even more IS necessary. X great many white men are lynched. but the 1 .rime is peculiarly frequent in respect Ii O black men. The greatest existing t, ,ause of lynching is the perpetration, I specially by black men, of the hideous .rime of rape-the most abOminable in { III the category of crimes, even worse han murder Mobs frequently avenge { he commission of this crime by them : elves torturing to death the man com ; hitting it; thus averaging in bestial { ashion a bestial deed. and reducing l. themselves to a level with the criminal. ,
 "Lawlessness grows by what 1t feeds ( ipon: and when mObs begin to lynch ( or rape they speedily extend the sphere { f their operations and lynch for many I ther kinds of crimes. so that two l hirds of the lynchings are not for rape f f all; while a considerable proportion ( f the individuals lynched are innocent S f all crime. Governor Candler, of 2 ieorgia. stated on one occasion some ' ears ago: can say of verity that I
 have. within the last month, saved I he lives of half a dozen innocent ne [ roes who were pursued by the mob, ( nd brought them to trial in court of I
 law in which they were acquitted $ IS Bishop Gallowoy. of Mississippi. has T nely said: When the rule of mob { btains. that which distinguishes high I ivilization Is surrendered. The mob ( -hich lynches a negro charged with f ape will in a little while lynch white I nan suspected of a crime. Every T 'hristian patriot in America needs to T 1t up his voice in loud and eternal rotest against the mob spirit that IS threatening the integrity of this Re I