The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-27

its language embraces every person. And
while that amendment remains q part of
the constitution. the federal courts have
jurisdiction to pass upon the question
whether a given statute does or does not
violate the Fourteenth amendment
Questionable Injunctlons.
While this is so, it seems to me that
courts. both federal and state. should
always bear In mind that comfy which
has thus Tar enabled the dual JuTisdic-
tons TO work together so tremendously
for the public good And. further, that
care should be taken that the procedure
shall evince that elaboration that doth
so become Judge at all times, and espe-
clally when the object of an action is 10
declare void the deliberate act of the
legislative departm mt of a state govern
ment. have in mind an action IN which
Application was made for injunction, but,
before granting it. counsel representing
the state. as well as those representing
the plaintiff were heard fully. The judge
wrote his opinion and then granted an
injunction upon conditions that would
safeguard to the last penny every person
interested. Ths right to grant in
junction under such circumstances can
not be denied. but the prcpriety Of grant
ing, on an ex parte application. an in
junction which refuses effect to a statute
can and should be questioned.
A statute upon the face of which no
lmperfecton appears, and which will
stand. unless It can be proved that it will
ing a reasonable return for the invest
ment. is presumptively constitutional
Its operation, Ihertf fore. is not a matter
to be suspended for light reasons. In
deed I have M hesitancy in saying that
in many such cases an appeal TO the dis
erection of a judge that injunction issue
could well be denied until after trial.
Abuses Must Be Checked.
The abuses lying at the foundation Of
the earnest but sometimes reckless CROP
ing for remedies, must be checked. And
II il were necessary, an order 10 promote
this result, to pass through these pro-
cesses, many of which will prove destrue-
tive OF the rights and interests of a null
titude of innocent and honest persons
sun IL would be well. For the property,
the services and even the life of a citi-
zen should be cheerfully sacrificed on the
altar of the country's necessities.
So much of il, though, is unnecessary
aye, worse than that; so much OF IL is de-
iberately mischievous, prompted by the
same spirit that cries out, Away with
law and its restraintsi Lynch him. Lynch
him., that every patriotic student of the
times. While hoping for the best, fears
that the consequences will be disastrous
unless we again take up and press for
ward in all earnestness the shibboleth of
the fathers, "A government Of law, not
of men" When we do this, we shall find
a faithful adherence to the constitutional
pfanNof the fathers, today as nearly ideal
as 1t seemed to them. We shall love the
CpulIltu law DIS we nave inherited anu
developed IL in this country, because as
a body of law IL approaches more nearly
to the ideal. in that its standard of jus
tice is furnished by the people them
selves. Hence. the better and higher the
civilization, the more nearly does the
common law approach the ideal.
And we shall give more attention to
statute making. We shall have less Of il,
but that which we do have will be of bet
ter quality. 1t Will not attempt to cover
the common law field. II will supple
ment the common law, substituting a new
rule for the old occasionally and prOvid-
ing reasonable regula lions for its citizens