Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-12-04
INJUNCTIONS.
Abuses of a This judicial Institution
Should Be Stopped.


\. Instances OF abuse in the granting OF
injunctions in labor disputes continue
to ocEur, and the resentment in the
minds OF those who feel that their
rights are being invaded and their lib
erty of action and Of speech unwar-
rantly restrained continues likewise to
grow. Much of the attack ON the use
of the process Of Injunction is wholly
without warrant, but am constrained;
to express the belief that for some of
it there is warrant This question is
becoming more and more one of prime
Importance, and unless the courts will
themselves deal with 1T in effective
manner lit Is certain ultimately to de-
mand some form of legislative action.
IL would be most Unfortunate for our
social welfare If we should permit
many honest and law abiding citizens
/ to feel that they had just cause for re-
garding our courts with hostility. /
earnestly commend to the attention of
the congress this matter, SO that some
way may be devised which will limit
the abuse of injunctions and protect
those rights which from time to time
it. unWarrantably inYades. Moreover,
discomfort is often expressed with the
use Of the process Of Injunction by the
courts, not only Id labor disputes, but
where state laws are concerned. re-
frain from discussion Of this question,
as i am informed that it will soon re-
ceive the sideration OF the supreme
court atSsss eSs5
The federal courts must Of course
decide ultimately what are the respec-
tive spheres of state and nation in con-
nection with any law, state or national,
and they must decide definitely and
finally ii matters affecting individual
citizens, not only as to the rights and
wrongs Of labor, but as to the rights
and wrongs of capital, and the ma
tional government must always see
that the decision of the court is put
into effect, The process of injunction
lis an essential adjunct of the courts
doing its work well, and as preventive
measures are always better than RENE.
1 dial the wise use OF this process is
| from every standpoint commenda BILE.
i But where it is recklessly or unneces-
sarily used the abuse should be cen.
sured, above all by the very men who
are properly anxious to prevent any eff
fort IT'D shear the courts of this neces-
sary power. The courts decision must
be final. The protest Is only against the
conduct Of Individual Judges In need.
lessly anticipating such final decision
\ or In the tygannical use Of what is
nominally temporary injunction tc
accomplish what Is In facta permanent
decision. II
Accidents.
i The loss OF life and limb from rail
4 road accidents In this country has be
4 come appalling 1T Is d subject o.
which the national government should
take supervi sion. It might be well T
l begin by providing for q federal ia
1 spection of Interstate railroads some
i what along the lines of federal inspec
tion OF steamboats, although not goins
30 far. Perhaps at first all that 1
would be necessary to have would b,
4 some officer whose duty would be Il
investigate all accidents ON Interstate
railroads and report In detail th.
causes thereof. Such an Offices shout.
make it his business to get into clos
touch with railroad operating men, 8,
as to become thoroughly familiar witt
avery side Of the question, the idei
4 being to work along the lines Of tn
II present steamboat inspection law.
Il The national government should b