The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-12-07
PRESIDENT ROOSEVELT'S
ANNUAL MESSAGE

/ fESu1Lllo Ill large part IIDuI EUE
habit Of setting aside the judgments Of
inferior courts On t~echnicalities absoI-
utely unconnected with the merits OF
the case, and where there is no attempt
TO show that there has been anv fail
ure Of substantial justice. 1t would be
Well TO enact a law providing some
thing to the effect that:
No judgment shall be set aside or
new trial granted in any cause, civil
Or criminal, on the ground of misiirec-
ton Of the jury Or the improper adj
mission Or rejection of evidence, or Ter
error as to any matter of pleading Or
procedure unless. in the opinion OF the
court to which the application is made
after an examination Of the entire
cause, 1t shall afhrmatively appear that
the error complained Of has resulted in
a miscarriage of justice.
.INJUNCTIONS.
In my last message | suggested the
enactment of a law in connection with
the issuance of ~injunctions, attention
having bee sharply drawn to the mat
ter by the demand that the right or
applying injunctions in labor cases
should be wholly abolished. 1t IS at
least doubtful whether Il law abolish
A'S "11oSSAiSA AC . va 1AJuiItI1OI1o III
such cases would stand the. test OF the
courts; in which case Of course legis-
lation would be ineffective. Moreover,
I believe 1t would be wrong altogether
to prohibit the use of injunctions.
It is criminal to permit sympathy for
criminals to weaken our hands in up
holding the law; and If men seek to de-
stroy life Or property by mob 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 | advo-
Gated last year.
In this matter Of injunct1ons there
is lodged in the hands Of the Judiciary
a necessary power which is neverthe-
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 scrutiny 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 who uses it wanton-
ly or oppressively. OF course a judge
strong enough to be fit for his Office
will enjOin any resort to violence oI
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 injunction power
!, as rs implied in forbidding laboring
men to strive for their own bettermen:
in peaceful amid lawful ways; nor must
, the injunction be used merely to aid
some big corporation in carrying ont
schemes for its own ACKNOWLEDGEMENT.
1t must be remembered that a prelim-
mary injunction in a labor case, if
granted without adequate proof (eyen
when authority can be found to sup
port the conclusions of law ON which
It isFfounded), may often settle the dis
pute between the parties; and therefore
!, if improperly granted may do irrepar-
able wrong. Yet there are many judges
IFwau a matter-of-cou1se grant
ing of a preliminary injunction to aoe
the ordinary and proper judicial dis
:, position Of such cases; and there have
? undoubtedly been fragrant wrongs conf
mitted by judges in connection with
Labor disputes wen within the last few
. years. altho l think much less often
than in former years. Such judges by
AK uA OCllOl l11k4lC4jSClS
strengthen the hands of those who are
striving entirely to do away with the
power of ~injunction; and therefore
such careless use of the injunc,ivo pro-
cess tends to threaten it's very ex-
istence, for if the American people ever
become convinced that this process is
habitua1ly abused, whether in matters
affecting labor or in matters affecting
corporations, it will be welI-nigh i'm
possible to prevent its abolition.
} 1t may be the highest duty of a 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 senti-
ment; and the judge who does thus
disregard public sentiment whe9 it 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 ooun-
try. Such a judge rs deserving of all
honor; and all honor can not be paid
to this wise and fearless judge If we
permit the growth Of an absurd CON
ventioe which would forbid any crlts-
cfsm of the jadge of another type, who
shows himself timid in the presence Of
arrogant disorder, Or who Or INSULT
cient grounds grants an injunction that
does grave Injustice, or who in his
capacity IS n coastruer, and therefore
in part a maker, of the law, in fragrant
fashion thwarts the cause of decent
government The judge has a power
over which no review can be exercised:
he himself sits in review of the acts
of both the executive or legislative
branches OF the government; save in
the mos extraordinary cases he IS
amenable only at the bar Of public
opinion: and it is unwise to maintain
that public opinion in reference to a
man with such power shall neither be
exprest nor led.
The best judges have ever been fore
most to disclaim any immunity from