The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-12-23

libels and the muleting of ISLANDERS. No
right" the court added, ito publish
either the libel or the SANDER can be
sustained, except upon the theory of a
right to do wrong"
The court declared that an elabora-
ton of his argument with respect TO the
freedom of the press would usually
be quite agreeable to my desire. Yet
he said, these suggestions sound the
hollowness of the defense, and to essay
more might SAVIOR of an inquiry into
the correctness of the injunction or
dered by Mr.. Justice Gould, a duty al
ready taken up and discharged by ADLER
hands than mine"
Smiles at Foundation
In dismissing from further consider
alton the contention that the injunction
invaded the right of free speech and
of the press, the court held: "The po-
sition of the respondents involves ques-
lions vital to the preservation of social
order, questions which smite the
foundations of civil government and
upon which the supremacy of the law
over anarchy and riot verify depend.
Are controversies to be determined
In tribunals formally constituted by
the law of the and for that purpose,
or shall each who falls at odds with
another take his own furious way?
Are causes pending in courts to be
decided by courts for litigants, or the
view of each distempered litigant i'm
posed upon the courts?
Law Must BE Respected.
Are DEGREES of courts to look for
their execution to the supremacy of
law, or tumble in the wake of unsuc-
cessful suitors who overset them and
lay about the matter with their own
hands, in turbulence proportional to
the frenzy of their disappointment"
In the opinion of the court, even
where a tribunal had fallen into error
in the determination of a cause which
it was invested with, jurisdiction to
hear and determine the duty and
necessity of obedience remained never
theless the same.
"And,v said the court, 81 place the
tInctly on the proposition that were the
order confessedly erroneous. yet Ii
must have been obeyed. (Worden vs..
SearIes, 121 u. s. 40. 1t IL
the supremacy of law over the rabble
or it's prOstration under the feet OF the
disordered throng."
Insolent Defiance.
In the case of the defendants, the
court declared, the laws command had
been to stand. hands off, until justice
for this matter can be ascertained."
us not law wide enough n it's shield
broad enough added the court, ito
avert from humiliation that which its
tribunals have taken in hand for the
very sake of decreeing whether it shall
not be saved? Yet, everywhere, all
over, within The court and out, utter,
rampant, insolent defiance is heralded
and proclaimed;' unrefined insult,
coarse a%ffront, vulgar ~indignity lei
ures the ~litigants' conception of the
tribunals due wherein his cause still
pends."
In conclusion, the court said: Be
fore the injunction was granted these
men amour ced that neither they nor
the American Federation of Labor
would obey it; since it issued they
have refused TO obey it, and through
the American Federation of Labor DISC
bedience has been successfully achieved
and the law has been made to fail; not
only has the law failed in its effort to
arrest a widespread wrong, but the in
jury a grown more destructive since
the injunction than 1t was before.
sThere Is a studied, determined. de-
HINT conflict precIpifnted I'm the light of
open day, between the DEGREES of u
ribuna ordained by the government
of the Federal Union, and of the tri-
bunaIs of another federation, grown up
In the land; one or the other must
succumb, for those who would uniaw
the land are public enemies.
sociological Aspect.
ION the sociological aspect of the
situation some faith in the ultimate
rightness of American men, whether in
tanned. For l believe that the habit
of the land %saturates them with q
readiness to abide by authority as ! be-
lieve that this very readiness to yield
to authority has undone them before
now, through the errors of misguiding
leaders, swollen by pigmy power. 1t
stands in the nature of things that the