The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1908-07-17

most beneiicent and glorious govern
mental creation ever designed by man.
The fathers builded even more wisely
than they knew. Upon this generation
and those to follow. is IMPOSED the
solemn obligation of preserving our In
stitutions, not only In empty form but
IN substantial essence, as we Inherited
them. 1t may be and doubtless is true
that In the progress OF our phenomenal
development II may become necessary from
time to time TO make some change In
some particular I'm the fundamental law,
1t may become necessary to enlarge the
power of the Federal government In
some directions, as IL may also become
necessary TO restrict 1t In others, but
always, and at all times, and under all
circumstances, the constitution must stand
as the ark of the covenant. / know OF
but one lawful way OF changing the COM
stitution, and that is the way pointed
out In the constitution itself. Whenever
an assault is made upon the constitu-
ton. or u serious and threatening pro-
posal advanced to change the constitu-
tional form OF the government or the
II, the people should be aroused 10 re-
sist II. In this campaign the republicans
put forward q candidate for the presi-
dency, the crown prince of the Roosevelt
regime, who ig committed and pledged to
oil the things Roosevelt espouses. OF all
the hysterical fads of Roosevelt, his ad-
vocacy of the right and policy OF the
Federal government TO grasp, through
executive action and judicial construc-
tion, powers belonging to the states
whenever those In authority deem 1t adj
IL this propaganda has the approval OF
the people then they should wave BAN
ners and shout hosannas to Taft; but II
II be otherwise, then they should set
their faces strongly against these threat
ened encroachments. AT all events, beg
the democrats of Missouri. and OF the
nation. to stand ms one man and make
stalwart defense of our dual govern
ment.
In the address of Secretary Root. from
which / have quoted, he speaks of vest
Ing power In the national government
by "eonstruction," CONSTRUCTION" OF
he mean that the rules of constitutional
construction are to be changed as ext
gencles may require to serve the purposes
of the executive department? What
his utterance2 But that, In turn, Sig
miles that the Supreme Ccrr. Is to be
packed by presidents who seek TO ad-
vance these ends. In the speech Of Sen
ator Dryden, from which | have also
quoted. appears this significant deliver
ance:
I'm the next presidential term four
Justices OF the United States Supreme
Court will have n right to retire. and
II ~ of the greatest importance 10
the country that the right kind of n
president should nominate their sue
cessors"
What kind OF justices of the Supreme
Court does this multi millionaire presi-
dent of the Prudential Life Insurance
Company want appointed?
My fellow citizens, / have n profound
respect for the Supreme Court of the
judicial tribunal OF the world, and
though on rare occasions some of its
justices have apparently yielded to the
vice OF political influence, as whole II
has undoubtedly stood as IA bulwark In
defense OF liberty and our national In
situations. But n once the policy liz en-
tered upon OF presidents appointing justices
OF that high court with view to alter
ing VI any way our form OF government
by far-fetched and strained construc-
tions OF the constitution, l would soon
lose all respect for IT, as you would
Put all these things together, and they
could be multiplied dd nduseuDl, and
answer II you do not see here a tend
ency which common sense and patriot
Ism alike demand should be peremptor-
lily checked.
FEDERAL INJUNCTIoNs.
While en- the subject of courts. and ms
apropos of IL, / viii say word about
the abuse of judicial process by some OF
the Federal tribunals. As n rule. / be-
the United States are men of liberal
learning and high character. and that
they discharge their duties with con-
scientious regard TO both public and
these Judges conduct themselves offici-
ally after n fashion that does no credit
to the judiciary. They are too often au.
tocratic and tyrannical. and. what is
worse, sometimes also apparently sub
servient. The abuse by some of these
judges of the writ of injunction has be-
come the subject OF almost universal
complaint. II is said that Secretary
Taft, while a Federal Judge. leveied
this writ without great provocation, and
on an ex parte hearing. against work
ingmen, and used 1t with drastic energy.
II is frequently used In that way to
break the backbone of Il labor strike,
but, what IL OF even greater conse-
quence, 1t Is often used to set aside and
nulify the soiemnly enacted statutes of
sovereign states. Undoubtedly. to my
thinking, this process has been often
outrageously misused: heartily agree
that the authority of the courts should
in trenchlng upon their Jurisdiction. Per-
aonal and property rights must be pro-
tected against riotous or unlawful mtru-
sion of any kind, and not even state
or the nation should be permitted to ex-
act from a citizen property or service
without just compensation ON the other
hand, | do not believe that the liberty of
action OF n citizen or u body OF citizens
should he arrested, or the law of n state
practically set aside, without "A hearing
first had and obtained. When the rail-
roads petitoned u Federal Judge to en-
join the enforcement of the Missouri
statute establishing a tw0-cent passenger
rate, the judge said to the counsel:
Gentlemen, the solemn enactments
of the State of Missouri are entitled
to some consideration and / will not
enjoin the enforcement of this state
law, restraining the officers of the
sovereign state of Missouri will al
low 1t to be In operation for some
time and see IL 1t coDtiscates your
property, as you say"
Those were wise words, wisely spoken
IL was correct rule Judge Mcpherson
enunciated, although i am told II Is u
rule he more often honors In the breach
than the observance What Ia the REM
edy? one thing at least should be done
we should return to the old law and
provide for notice and hearing before an
Injunction can issue. BY the act of 1871
given by Federal Judges before the !s-
suance of temporary restraining order
or injunction. That remained the Law OF
the land for seventy-nine years. In 1S72
the provision requiring notice before the
issuing OF an injunction was dropped
from the statute, inadvertently rs some
claim. designedly as others claim, The
rule requiring notice worked satisfactor-
lily for more than three quarters OF a
century. 1t Is a right rule and ought to
be restored to the statutes. Thousands
among them. many eminent officials of
the states, have been demanding the re-
storatlon of this rule, but somehow and
In some way thore has always been II
powerful. ttttpiHs
around the halls OF Congress and about
the precincts of the White House potent
enough to block all legislation on the
subject. In the current Republican Taft
platform l find this declaration:
1--WE believe that the rules of pro-
cedure I'm the Federal courts. with
respect to the issuance of the writ
of injunction, should be more ac-
curately defined by statute, and that no
injunction or temporary restraining
order should be issued without notice.
except where irreparable injury would
result from delay. In which case a
speedy hearing thereafter should BE-
granted"
Many eminent republican senators snd
representatives. including my dlstin-
guiahed colleague, were members OF the
committee which framed that platform
The enunciation is meaningless, as II
does no more than declhre for the law