The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1907-12-02
pERvERs1oN OF THE POWER OF
INJUNCTION.

The government of the United
States is divided into three branch.
es, the Legislative, which makes
the laws and prescribes penalties
for their transgreqsion; the judi
cisl, which intsrprets the laws and
afixes penalties to the guilty; and
The executive, which executes the
laws as made and interpreted by
the other two branches. {
Bet every man in this country
is presumed to be innocent of
crime until found guilty; and to
safeguard his fights from tyrau-
nioal government the constitution
of the Omitted States guarantees to
the accused: .<3.. q :,
l A.writ of habeas corpus.
2 Right to be confronted by
Witnesses and to GROSS examine
same
3. Right to trial by jury.
These rights of the accused were
taken from the old Common Law
of England, and they had been
wrssted from an autoofatio govern
ment by long years OF struggle,
In England, a writ of Injunction
represented the supreme power of
the King to override the courts, to
do seeming justice in cases where
there ives no adequate remedy at
law" i. g, where the act threatened
was not criminal, and therefore
oould not be punished at Common
Lsw, and where money damages
c0nld not compensate.
This writ was issued by the Lord
High Chancellor but was rightly
restricted to civil cases where the
harm threatened could not be com.
pensated by money damages. 1t
was dangerous power for one in
authority to hold, SO it was religi.
ously restricted to equity cases.
In the last few years the courts
of the United States have been
extending their powers and juris.
diction by the wholesale use of the
Injunction Writ until the phrase
Government by Injunction" most
adequately expresses the state of
affairs today.
This usurpstion of power not
only trespasses upon the rights
and prerogativesY of the other
branches of government, but abro.
gates rightg Of the citizens by the
constitution itself. ,
Injunotions are issued today
prohibiting persons from oonvers-
ing or speakingrto other persons;
from appearing in certain places
and streets; from going to work;
from quitting their employment;
and in fact, almost anything if
such person happens to be a labor
union LEADER. lf.suoh person hap.
psns to disobey one of these court
orders-no matter whether he is
committing wrongful actor not
he is hauled before the court and
pnnished-often times imprisoned
by the judge,
This Judge acts as prosecutor.
judge and jury.
Where =: is. this mans oon-
stitutionaI right to be confronted
by witnessesP
What has become of his right to
jury trial.P.: ia i
Since wien has a prosecutor
gained the right to act as judgeY
This gross abuse Of the injunc-
ton powG ia5eaiF used against
strikers-poor laboring men de
prived of their rights; NEVER
against the malefaotors of great
wealth, the great predatory corpor.
ations.
"a man is presumed to be inuo-
cent until he. has been found
guilty"
Then how can man be hauled
to court and punished for "con
tempt" until be has had hearingR
Is it right to sentence a person to
Imprisonment before be has been
found guiltyP
If this man has committed a.
crime hs is punishable at Common
Law, aud if he is also punished
for Contempt" he may serve two
sentences for one crime If he has
committed no crime the Judge has
no right to punish him.
This is not an equity case.
Strikers are usually restrained from
doing violence and if they disobey
IN L. LL