The Democratic advocate., 1908-08-14
noSryELT ON INJUNCTIONS.
,,ss Use of the Injunctive Process
Care''TU %.roatens its Existence.

o,,her 3. 1906. in his mes
On D1s CONGRESS the President said:
sage 10 natter of injunctions there
In this IN the hands of the judici-
is iUu1 Necessary power wnlcn s,,i4 Is never, =,
ary d subject to the posslDlllty OF
thelesS obuse. 1t is a power tnat
grave, 30 exercised with extreme care
should a,,ld " he subject to the jealous
and SIN, snUIf of all men, and condemnation
SCRUTINY ~ meted out as much to
shon!u p who fails to use 1t boldly
the Juuec Jecossary as to the judge who
Tntn II wantonly or oppresslvely. VI VI
uses II a Judge strong enough 10 De
course bis office will enjoin any resort
fit for ,ance nac or intimidation, especially
10 'lolsni 'ln.niracv, no matter what MS
by conSp, nav be of the rights of the
opinion nnarrel. There must be no
original s;or in dealing with disorder
hesi'asiU asoro must likewise be no such
But .o nv of the injunctive power as IS
aOuS5 aStod in forbidding laborlng men
mplls;u p;lo for their own betterment In
10 SUI SUN and lawful ways; nor must
peacel;am be used merely to aid
the lnS b;a corporation in carrying out
some ple for it's own aggrandizement.
schemes no remembered that preliml.
It mu9, ;,ninnction in a labor case, II
nary nasted d. without adequate PROOF (eVen
gram sam authority can be found TO sup
SntA nt the conclusions OF law on wn,cn
pOl. r. fonnded) in may often settle the dis
h Tween pOtween the parties, and there
pule If Ie improperly granted may DO
tC'e oh1e wrong. Yet there are
lrfep" iudges who assume a matter-of-
man! Ora Granting of preliminary IN
eOu,TT !untion to the ordinary and proper
!uatl !!ilioial disposition OF such cases ana
lualeiGb, lro have undoubtedly been fragrant
llsle a.oc 81 committed by judges in con-
~lohSo ,Ien with labor disputes even with
neti,OI1 .sO last few years, although l think
IL Wv ~ ioss . often than in former years.
nHh muJn iudges by their unwise action
;s"manseIy suon strengthen the hands OF
ihnrs who are striving entirely 10 90
.Tov ulUoT with the power of injunction;
ava! therefore such careless use OF the
!ninr1tive anu process tends to threaten
~ in!urrv nory existence, for if the American
ITO usonIa Mo- ever become convinced that
lsio gsUpl' process is habitually abused,
,rt' rhotber in matters affecting labor
W. in matters affecting corporations
y will he well-nigh impossible to pre-
vent its abolition.
W., IN snecial message to Congress
,,arcb q 1908. the President said:
! also urge that action be taken
along the line of the recommendations
I have already made concerning In
nnctions in labor disputes. No tenn.
norary restraining order should be
ssued by any court without notice;
and the petition for permanent In
nnction upon which such temporary
rpstraining order has been issued
should be heard by the court issuing
thp same within a reasonable time
say not to exceed a week or there
abouts from the date when the order
was issued. 1t is worth considering
whether it would not give greater
nopular confidence in the impartial
tv of sentences for contempt II 1t was
reouired that the issue should be de-
cided by another judge than the one
issuing the injunction, except where
tbe contempt is committed in the pres
ence of the court, or in other case OF
urgency