Omaha daily bee., 1906-12-05

courts; in which case Of course the legisla-
ton would be ineffective. Moreover / be-
ieVe Il would be wrong altogether to pro-
lnbit the use OF inJunctiOnB. 1t Is criminal
to permit sympathy for criminals to weaken
our hands in upholdinE the law; and n men
seek seek to destroy life or property. by mob
the power OF the courts to deal with them
IN the most summary and effective way pos
the power should be provided against BY
some such law as ! advocated last year.
Abuse of Injunction.
In this matter Of injunctions there II
lodged In the hands OF the judiciary a nec-
essary power which Is nevertheless subject
TO the possibility OF grave abuse. II is =
power that should be exercised with eX-
treme care and should be subject to the
jealous scrutiny of all men, and condemna-
ton should be meted out as much 10 the
Judge who fails 10 use II boldly when nee
or Oppressiyely. OF course judge strong
enough to be fit for his once will enjUin
any resort to violence or intimidation, espe-
cially 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 like
wise be no such abuse OF the injunctive
power as is implied in forbidding iaboring
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 aggrandiEement II must be remem-
bered that a preliminary Injunction In
labor case, II granted without adequate
proof (eYen when authority can be found TO
support the conclusions OF law on which
II Is founded), may often settle the dispute
between the parties, and. therefore, IL inn
properly granted. may do trreparable wrong.
Yet there are many judges who assume a
matter-of-course granting or a preliminary
Injunction TO be the ordinary ana proper
judicial disposition Of such cases, and there
have undoubtedly been nagrant wrongs
committed by judges in connection with
labor disputes even within the last few
years, although / think much less often
than In former such Judges hW thar
unwise action, immensely strengthen the
hands OF those who are striving entirely to
therefore such careless use Of the intunc-
tive process tends 70 threaten It's very eX-
bed btenGe TOT y e tbat s5 people ever
| habitualiy abused, whether in matters at
fecting labor or In matters affecting cor
pOratiOns. Il will be wellnigh impossible TO
/ prevent It's abolition.
Criticism of Courts.
There is one consideration which should
/ be taken into account by the good people
who carry sound proposition 10 an eX-
cess in objeetinE 70 any criticism Of a
American people as a whole Is sound IN this
matter. They will not subscribe 70 the
! doctrine that any public servant Is 10 be
] those most competent 10 express their
judgment in such matters. and above all,
profession of the bar, 50 profoundly In
/ huential In American life, take the position
| that there shall be no criticism Of q Judge
/ under any circumstances, their view will
| not be accepted by the American people
/ a. "A whole. In such event the people will
/ turn 10, and tend 70 accept as justihable.
the intemperate and improper criticism
/ uttered by unworthy agitators Surely II
! Is a misfortune TO lfave 10 such critics
/ function, right In itself which they are
certain 20 abuse. Just and temperate eTiti-
cisn, when necessary, is safeguard
I against the acceptance by the people a.
/ q whole Of that Incorporate antaEonism to-
| wards the judiciary which must be COM
batted By every ht-thinking man, and
Z which. II Il became widespread among the
people al large. would constitute a dire
/ menace 10 the republic.
Danger of Lynch Law.
! In connection with the delays Of the law
= / call your attention and the attention OF
| the nation 20 the prevalence Of crime
/ among as, and above all 10 the epidemic
| Of lynching and mob violence that springs
up, now in one part Of our country, now
| IN another. Each section, north. south. east
| OF west. has its own faults, no section can
| with wisdom spend ne time leering az the
/ faults Of another section u should be busy
/ trying 20 amend lis own shortcomings, TO
/ deal with the crime Of corruption ID 10
necessary 10 have an awakened public
(Conuuued sn Fosrth Pagsl