Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1908-12-31
MISUSE OF the lNJuNcTIoN.

fotlu8 IT. We buau Sc II FOtc1 out HoaoAlf
enough.
MISUSE OF the INJUNCTION.
Nobody need fear that Gompers,
Mitchell and Morrison will serve the jail
sentences imposed on them By Judge
Wright IN the federal district court last
week for contempt Of court in violating
the injunction in the Bucks Stove COM
pany case. An appeal has been taken and
the matter win go up to the supreme
court, probably. n it should be sus-
tanned there, a suspension Of sentence or
pardon win doubtless intervene.
There is too much at stake to look for
the enforcement Of these sentences. The
men implicated are too strong personally, |
too popular and too well supported to
tear the fate of looking forth through
prison bars under this conviction. Furth-
er, the oflense IS one on which public
opinion is too murxily defined at present
to expect an extreme penalty like this to
follow. It is merely 3 step in the beat
ing out process BY which the real attitude
of the country toward the boycott and
the injunction are being demarked. 1t
is like the bred Scott decision in the sIav-
cry question.
OF the guilt OF these three leading
officials of the American Federation Of
Labor, technically speaking, there seems
no doubt. They violated the Sherman
antitrust law by conspiring TO iniure the
business Of the Bucks company by pub
fishing ii as ''unfair,n and among its list
of awe don't patfonize'' concerns in the
Official organ Of the Federation. The
Bucks company applied for and secured
an injunction from the federal court re-
straining these men from continuing
such publication, harmful to its interests.
The publication continued, notwithstand-
ing, and the officials were hailed into
court for contempt in not obeying its or
der. They were guilty, OF course, and
the penalty was not excessive from the
standpoint Of the court.
Yet there is q widespread feeling
against the use ofthe federal injunction
in cases like this, which has been grow
ing fast Of late. It looks like taking up
murderous weapon to use where only
whip is required. The public, aside
from few labor agitators and enthusi-
asts, looks with dIsfavor on the boycott
as it is employed to force business con-
Germs to their knees In compliance with
the demands Of organized labor, however
arbitrary. A conspiracy to iDjure q busi-
ness for this motive, or through revenge,
is wrong and evil, and therefore should
be made illegal, as it is. But it is . civil
wrong, not a criminal wrong, and, when
ever committed the perpetrators should,
in some way, be made answerable By civil
process only. They should be put upon
, trial before jury Of their peers and their
liability fully established, Is in other like
cases.
This, however. is not the common prac-
tice. The party aggrieved, instead OF
proceeding against the union or the indi-
viduals concerned in the aggression, goes
!. to some judge and applies for an injunc-
ton order against the further commission
of the acts alleged to be injurious. The
judge, on an ex parte showing, grants it.
Then the other party either has to com
!, ply with the mandate or face the criminal
charge Of contempt OF court. II may b
said that he should obey the order. s.
he should II he is guilty OF wrong doing
but this is not yet legally established
!, apd II q citizen believes himself to b
within his rights and the courts have no
found-otberwise, he will ordinarily re
sent an order Of this kind. In case b.
does not comply with the courts order
be is forthwith summoned before th
: same judge who issued the order and i
this judge fnds that it has been dis
obeyed he declares the prisoner guilty o
contempt of court, and fixes the penalt,
himself. There is no jury or other tria
court to pass on the question Of guilt o
innocence.
1t will strike anyone that such q Pre-
cess as this, placing such q degree Q
power in the hands Of one judge as to 81
in cases where his own personal feelin
may SO easily enter to cause bias, and giS
= ing to him the almost Iimitless power &
penalty is not in consonancs with accept
ed views Of modern Jurisprudence. Grant
ed, that a courts orders are issued to b
i obeyed, and that placing an intsrmediai
tribunal in the way Of compelling obed
ence is lowering the authority and dign
ty OF the court, it is at the same tim
i guarding the rights of the citizen again
!. arbitrary and unreasonable action by
single judge, such as sometimes, if NJ
!. often, arises. But, apart from this, an
: granting that the injunction, with i
whip-end, the contempt punishment
- should stand, there should be some linn