The morning journal-courier., 1908-06-17
Wednesday, June 17, 1908.
THE WRIT or INJUNCTION.

The danger of taking a solemn prin- ciple of government into practical poli tics is this week being illustrated at Chicago, where the Republican con- vention Is in session. Uppermost in the minds of the delegates is President Rooeevelts inslstence that his view of the writ of injunction shall he endorsed by his party, for purely political req sons. In other words he has deliber- ately flung Into the arena of discussion a question which does not belong In political convention. where 1t cannot possibly be considered on It's merits, but which does belong in the halls of legislation, where all of the bearings of it, legal, philosophic and moral, can be intelligently threshold out.
 Congress has thus far hesltated to materially change the law with regard to the writ of injunction. as the states have, not because they are in sympa- thy with the alleged control of the masses by the classes. but because the point has not been clearly ascertained which when accepted will surely place all citizens upon an equal level of right and power. President Roosevelt has concluded that summary writs of in- function are susceptible of imposing in- justice, and though he is not in pos- seeseion of the necessary facts to justi- fyAa conclusion that serious conse- quences have resulted, he neverthe- less demands that serious consequences shall be anticipated and steps author ized, which might have unsuspected and unlocked for results In safeguard ing life and property. It Is in this connection that one sees upon refec- ton, the difference in the attitude of the President and his secretary of war towards proposed methods of settling the controversy.
 President Roosevelt would have what he wants because he wants 1t, and is ready to run whatever risk may be Involved. Mir Taft has his own views about the possible advisability of amending the procedure under which writs Of injunction are issued, In order that no party to an injunction shall be deprived of tre protection to which he Is entitled under the law. He is not "hustling' for verdict, but is prepar- ed for verdict, which can be made to square with the principles of fair play for all concerned. All that Is made perfectly clear In a letter written by him fin January to friend asking for his views upon the subject of these restraining orders. In that letter he announces his satisfaction with the law as 1t used to be, which provided that no restraining force or injunction should be issued without notice to the defendant and a hearing This Is a broad and liberal view of the matter and suggests that the change In the law which permits possible summary writs, was brought about rather by those who had an interest in exclusive protection than by those anxious to preserve the rights of all parties con- cerned
 The resentment which has accompn- nied the inslstent view of President Roosevelt that government by lnjunc- tion' shall be condemned in the Re- publican platform is due wholly to hi use of the subject for political purpose, and not to the calm readiness of Mr Taft to return to the law as 1t was originally in order to give more substantial test of it's usefulness and impartiality. The soberer minds in the convention realize that the Roosevelt method of slamming ahead is open tc the gravest apprehension and right. ly so.