The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-12-04
Presidents
Message

the abuse of the power should be pro-
vided against by some such law as I
advocated las year.
In this matter of injunctions there
is lodged in the hands of the judiciary
a necessary power which is neverthe-I
less subject to the possibility of grave
abuse. 1t is a power that should be
exercised with extreme care and
should be subject to the Jealous scru-
tiny of all men, and condemnation
should be melted out as much to the
judge who fails to use it boldly when
necessary as to the judge VINO uses
1t wantonly Or oppressively. Of
course a Judge strong enough to be
fit for his Office will enjoin any resort
to violence or intimidation, especially
by conspiracy, nc matter what his
opinion may be of the rights of b
original quarrel. There must be no
hesitation in dealing WITH disorder.
But there must likewise be no such
abuse of the %injunctive power a. is
implied in forbidding laboring men
to strive for their own betterment in
peaceful n lawful ways; O must
the injunction be used merely to aid
some big corporation in carrying out
schemes for it's own ACKNOWLEDGEMENT
1t must be remembered that a preli-
minary injunction in a labor case, if
granted without adequate proof Qeven
when authority can be found to sup
port the conclusions of law on which
it is f~ounded), may often settle the
refore if improperly granted may do
irrepairable wrong. Yet there are
many judges who assume a matter-of
course granting of a preliminary in
junction to be the ordinary and pro-
per judicial disposition of such cases;
and there have undoubtedly been flag
rant wrongs committed by judges in
connection with labor disputes even
within the last few years, altho 1
think nue. less often than in former
years. Such judges by their unwise
action immensely strengthen the
hands of hos who are striving en-
tirely to do away with the~rower of
injunction; and therefore such care
less S of the i~njunctive process
tends to threaten it's very existence,
for if the American people ever be.
come convinced that this process is
habitually abused, whether in mat
tiers Affecting labor or in matters at
fecting corporations, it will be we'll
nigh impossible to prevent its aboli-
ton.
1t may be the highest duty of a
judge at n given m to dis.
regard, not merely the wishes of in
dividuals of great political or fnan-
cia1 power, but the overwhelming tide
of public sentiment; and the judge
who does thus disregard public senti-
ment when it is wrong, who brushes
aside the plea of any special interest
when b pleading is not founded on
righteousness. performs the highest
service to the country Sucn a Judge
is deserving of all honor; n all
honor can not be paid to this wise
fearless judge IL We permit the
growth of an absurd convention which
forbid any criticism of the judge of
another type. who shows himself tim
i'd In the presence of arrogant dis
order. or VINO on insufficient grounds
grants an injunction that does grave
injustice, OF who in his capacity as
q co~nstruer. and therefore in part a
maker. of the law, in fragrant fashion
the cause of decent govern
ment. The judge has a power over
which no review can be exercised; |
ne himself sits in review upon the
acts of both the executive and legis-
lative branches OF the Government;
In the most extraordinary cases
he. is amenabFe only at the bar of
n,,h1io aripia1. ona a. 10 uruIva -