The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1908-12-02
pERyERs1oN OF THE POWER OF
INJUNCTION.

es, the Legislative, Wnlon hakeS
the laws and prescribes penalties
for their trensgression; the judi.
DIAL, which interprets the laws and
affixes penalties to the guilty; aud
the executive, which executes the
laws as made and interpreted by
the other two branches.
But every man in this country
is presumed to be innocent OF
crime until found guilty; and to
safeguard his fights from a tyran.
nical government the constitution
of the United States guarantees to
tho accused:
/ A writ of hsbeas corpus.
9 Right to be. confronted by
witnesses and to oross 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
wLssted from an autooratio govern.
ment by long years OF struggle.
In England, writ of injunction
represented the supreme power of
the King to override the courts, to
do sesming justice in GASES where
there Yves no adequate remedy at
law" i. O., where the act threatened
was not criminal, and therefore
could hot be punished at Common
Law, and where money damages
'oould'not compensate.
This writ was issued by the Lord
High Chancellor but was rigidly
restricted to OWL Gases whore the
harm threatened could not be DOM.
pensated by money damages. II
was dangerous power for one in
authority to hold, so it was religi.
\ ously restricted to equity GASES.
Iu the last few years the oourts
: of the United States have been
extending their powers and juris.
diotion by the wholesale use of the
Injunction Writ until the phrase
"Government by Injunction" most
adequately expresses the state OF
affairs today.
This usurpation of power not
only treopasses upon the rights
and prerogatives of the other
branohes of government, but abro.
gates rights of the oitizens by the
constitution itself.
Injunotions are issued today
prohibiting persons from oonvers'
ing or speaking to other persons;
from appearing in certain places
and streets; from going to work
from quitting their employment;
and in fact, almost anything If
euoh person happens to be labor
union leader. If suoh person hap
pens to disobey one of these court
orders-do matter whether he lie
committing wrongful act or not
he is hauled before the court and
Standardization times imprisoned
5;;by the judge.
t'This judge aots as prosecutor,
judge and jury.
Where is this mans oon-
stitutional right to be confronted
by witnessesH
What has become of his right to
injury triaIYP
Since when has prosecutor
gained the right to act as judgeP
This gross abuse of the injuno-
t,tion power is only used against
strikers-poor laboring men de-
prived rNof their rights; NEVER
against the malefaotors of great
wealth, the great predatory corpor.
ations.
',"A man is presumed to be limo.
cent until he has been found
guilty"
,1.'Then how oan man be hauled
t3.oourt and punished for "con-
tempt until he has had hearing ?
ISit right to sentence person to
Imprisonment before he has been
f6uud guilty.
If this man has committed a
crime he lie punishable at Common
Law, and &c he is also punished
for contempt" lie may serve two
sentences for one crime If he has
committed no crime the judge has
no. right to punish him.
iThis is not an equity CASE
Y Strikers are usually restrained from
d5ing violence and if they disobey
tie order there is an adequate
remedy at law,
4 Men are frequently punished to.
day for crimes laid down by the