Omaha daily bee., 1908-08-27

courts have existed IN A~urlo-surun uuun-
tries.
s-afeEuardinE LeEa1 RiEhta
A. the main ohject O. proceedings FOR in
functions is 10 ubtain speedy relief. instant
compliance alone will secure r. For TINS
reason. proceedings Tor contempt mus
necessarily be had al once. else the ohjsci
Of the suit viii he defeated. II q railway
compare 10 HbnEt 20 huIid ITS road over the
private property Of q cirizen wi1huut ms
cBnBsut or without hBvink acquired the
riEht 20 40 30 by uundsmnHtiBn proceedings.
~ prsscribsd ~ law. Dny an injunction "
restraining nrdsr. granted immediately win
rrBteDt him IL the enjoyment Of the right
guaranteed 10 him ny our constructions
that ne person shall he Deprived OF his
prupsrty without due process OF Inv. and
unless the courts possess the power 10 en-
force obedience, M orders win be vAlusleHs.
The same rule applies 10 al other prDceeo-
inEH. T'he refusal Of q witness to appear
In court IN Dbedience to q subpoena may re-
suit in dsfsRrirE The ENDS Of justice. A
refusal 10 convey property, the title 70
which. Il ir 6erreed ny The court. iE held
by the defendant -frHudulently. IL having
been purchased with plaintiffs money and
ANI hLLl AhA ArAEtA Anr W. - VI AAAE NAA
unless ne can be uoHrued ny the uourt 10
comply with itE order, and the most effec-
tive WY Of securing compliance he 10y d.
resting him 10 he imprisoned until he com
plies. A refusal 10 produce books AZ p trial
in -Dbsdienoe 10 an order Of The court, is
punished in that manner, and 50 ARE hun
d-eds OF other rRseE. which II is unneUeE-
EEry 10 mention. This punishment is moi
- - a.. - VaAE---a 49, -
maintain the dignity Of the courts. How
can respect for The judgments Of the courts
be obtained II the means Of enforcing them
are taken from them
Punashnent fer Contempt.
Should This power bs taken from them ans
submitted To trial by jury? To do 30 would
not only defeat IN MANY Instances the endE
Of Justice. but would in effect make the
jury the appellate tribunal Of the acts Of
the oour1. To suSnit the question 70 3 trial
ny jury would cause DELAYS, which. az has
beer shown, would dsfeBt the main object
Of the suit, especially ~ jury osrdiuts must
be unanimous. One obstinate or corrupt
juror uEn prevent q verdict, and until there
iE 3 final verdict, The parties could continue
violating or disregsrding the injunction.
Jurors may decline TO Rocspi az the law
the charge OF the oOurI, az n trsQueullF
Done in trials Of criminals, and thus prRo-
ticRIly vBcBts iu1uDctions lawfully granted,
for q verdict OF not guilty would he final
and not subject TO review by any court.
Thai some JndEes have erred in grEnring
temporary injuncti0nE is no more reason
II DO away with the writ than To deprive
them Of trying men charged with the crime
Of murder, as there are thousands Of in
stances in which judgments OF conviction
for murder have been set aside by appel
late tribunals for errurE committed by tins
trial judge. II 3 judge iE corrupt or moi
sufficiently Learned in rhs law the COnstitu-
ton provides 3 remedy for mis- removal, bui
q careful examination OF the reports Of the
courts Of last resort viii show that fewer
cRsee in winch ir1unCtiuns had been grHntst
have been reversed for error than Jndg-
msnts in any other branch Of Jurisprudence
In my opinion, the safety of the citizen IN
injunction proceedings under existing laws
iK NOT endangered ar long as there is an
intelligent, learned, honest and fearless
Judiciary. Such a judiciary is The safety 81
the republic ana an IN 1~cttlzens, the higheE
az well as the humbleEaE