The Boise citizen. (Boise, Idaho) 1906-1910, 1908-07-24
Law OF |NJUNCT|ONS
HOW THE WRIT ORIGINATED and CONDITION OF
PRESENT CONTROVERSY

Common Law the history OF the growth of liberty stands
the foundation of liberty today both the United States Eng
land This because the Common Law throws strong protection
around all persons charged by power with crime and as far
aspossbe justice matter who the prosecutor may
The Common Law protection to the accused reefod
"a The writ of habeus corpus
lei The right of the accused confronted by the witness
against him
IA The right the accused be tried by jury of his peers
In the long struggle between liberty and auocacy these three prn
p we're preserved nvoate and because they preserved
violate the United States and England free today.
The original policy the Common Law nfc punishment
wherever committed and in other to accomplish
Justice by awarding damages found however, that this did
not always do Justice Wrongs frequently committed which did
NOT amount to crimes at Law and for which money dam
ages would not compensate
In those days the King absolute monarch Seeing that such
wrongs we're being threatened he by virtue OF his absolute
power superseded the and made royal decees dong Wat ne
thought justice in each case
Now the King did not usually this himself In those days every
one including King confessed regularly to some priest and the
King had royal confessor who the Keeper OF the hgS
science It was Kings of justice his conscience WHICH
mped him to the law do justice and SO this was reg
lated the Keeper of his Conscience to his coneSSor WIZ" was
called the Lord High Chancellor
The chief of the with which the Chancellor representing W
absolute power of the King OVERRIDE the Law was the VIZ -
+ Where the act threatened was that would do harm
m could not be renedied and which therefore money damages
would not pay and time not criminal ana
could not be punished at Common Law the Chancellor SPPu
with his injunction which threatened punishment as for cle
the act was done then inflicted punishment II the M
disobeyed. 4 +he
Then BEGAN fierce contest the Chancellor in the name OF m
@ o 70 prest authority from the and the courts IN the
name Of the law irving to retain it This contest was a
right by the English people with their genus loi law $50
The jurisdiction the Chancellor, including MS du9 .
ninons was retained as necessary do justice in certain @
but it was rgidly restricted to the cases Where It was
cases which called into being The Chancellor was
lowed to act only where the damage could not Dc
70 se the legal phrase whee the damage was ieaia
be'-and where in addition the law could not PulSl -
local nlrase sthere was no adequate remedy at law
Thus several hundred years ago the law was ereu ~ - b+
i + + ;ss,e excent where the law cannot lnllcl Pu
Or as the LAWYER puts it injunction will not issue y
crime 81 : a well
This has been the law for several hundred yi' What
settled &c anv principle in the And the reason Is
49,: - 81. - - = ;s,no an Injunction in cases OF thieate
crme7 Nhv Is not the legal punishment for the cr d
There are three motives: (I) The mJuscon I @ and 4us
of the right to be confronted by the witnesses denriyes
makes it easier to convict him on false teSto - e Of III,
him Of ire RIGHT to trial by jury the great b o dc
49, lN = +s him doing the act even II he mas d iis
-i ad;ndoes that the act is wrongful without e' ,sed
cused right to be heard But it IS not Ju II is io
Of the right to be confronted by the - ir Il IS not
safe to deprive the accused Of the ngrt q ;obt TO do
ro+ 20 noisb nerson for doing that when ne M + issue
2tf ! heca,ne settled law, that inrmctonS WoUi' lever,
where there was an adequate remedy at law Woua no.
that which the law can punish; would not isSu'
or to prevent rotng for instance when Is r Of longe
There is no principle of law more firmly for several hun
standing 1t has stood unqueslon - fdaon of the country
dred years, and in this country non
until within the last few years - = few of our court
In the last few years the labor strike - centuries anC
have undertaken to overthrow this for the orderly
to substitute the autocraic power OF the onSi''
procedure of the Law ,..t an Injunction is sough1
If the of the strikers agan9 as such Comnlo
are wrong they are crimes and can Dc strikers DO
Law injunction should noi ~ commit are wrongs
ing what right Such as strikers the law Of this
violence and therefore are crimes any