The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-10-23
TAFT IS GREETED BY
TREMENDOUS CROWDS

IN J - NSNG6s4
TREMENDOUS CROWDS
Continued from First Page.)
Of the speech ct Terre Haute
and after It had been explained and
the position Of the two parties set
forth, the candidate declared with
great vehemence: rs
History After Injunction.
THAT is where the republican party
stands; that IL where J stand and \
don't care what happens politically,
that Is where I am going to stand. y
have issued injunctions against law
less men who we're violating some-
body else's rights. II I had not done
1t / should have not the right to be
here asking for your SURFACES. What
kind Of q judge do you want? Do
you want q judge that distinguishes
between classes, decides IN favor VI.
one class and against another? It Is
not the Judge who under his oath.
with the law az It Is laid down in
the text book and the statute and!
with the evidence before him, under
his oath, decides according to the just
ice Of the case and then issues the
order that the law requires him to
issue? What Is an injunction? An
injunction Is merely an order with
reference to the prevention Of the
abuse made before the fact occurs
which is to injure or not injure the
party. Where an injury has been done
a man brings suit to recover damages
for the injury, but when the injury
is of the character recurring from
time to time in small acts for which
you cannot recover damages that are
adequate, there equity says that a man
may have prevention rather than cure.
Then he may 90 to court and say:
This man is going to cut down my
tree. That tree won't grow On 90
years. It belongs to me; 1t Is on my
place and he is simply a tenant. He IL
going to injure it by wasting that tree.
He goes into court and asks the judge
to issue an Injunction to prevent the
cutting down of the tree. Is proven
Ition better than cure in such a case:
Why, then, should a judge refuse tt
issue the injunction? That kind 81
remedy has been in force for 40(
years and is the most remedial wri,
that we have. For instance, the way
1t arose was this: "A mar borrowed
$500 on his farm. He gave a mortgage
which in form was an absolute con
veyance subject to being made voit
by the payment of $500, but the farm
was worth $4,000. He failed to pay
the $500 on the dot and in law the.
brought a suit in ejectment and the.
put the man off the $4,000 farm TO
$500. He went to the King in the oil
days and he said: This is a fine kin.
of Justice that you are giving me. 70,
allow this man to take my $4,000
farm for $780, Y
The Kings Course.
1.-THE king said to his lord keeper
who subsequently became the lor,
chancellor: Here you take over thi
case and see whether It is justice
The lord keeper was then an ecclesias
and he sent for the officer who ha'
enforced that order or was about te
and he said: This is unconstitu
%tional. / am not going to permit 70
to do it. I enjoin you from prosecu
tion in a suit
THAT is the way the injunctio
came on. The lord chancellor said
III am going to enjoin you and 70
have got to come into court and I al
going to enjoin you unless you sc
that the farm should be sold, ths
$500 shall be applied on the debt wit
interest and that $500 shall go 4
this man who owns the farm
That is the way the injunctio
], grew up. It grew up to protect til
poor against injuries for which the
could not have adequate remedy :
law. It is q remedy that should i
enforced against any n who does
lawless act who cannot have adequat
remedy at law and to have 1t abolish
ed merely because it has sometime
been abused and sometimes issue
against laboring men is to destro
the character Of your courts, is
destroy the science Of the law and
J enact class legislation, that when Va
think Of 1t, you will utterly disal
prove. l am not here to apologize K
t what / have done in court; I am hel
t to say that no decision Of mine {
such a subject has eve been reverse
and If / had not decided az l did ar
: II / had not enforced my injunction
when / issued them, I should not haN
the right to come here and stand b
u foro v0,, ond och vnn IN veto FOR 81