The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-09-11
INJUNCTION ABUSE
IS LEADING ISSUE
JOHN MITCHELL DECLARES THE
WHOLE QUESTION OF coNsTl-
TuTloNAL GOVERNMENT AND
HUMAN FREEDOM 10 INVOLVED
IN VITAL QUESTION.
(By John. MttcheIl.l


/ The advent Of another Labor day
suggests to ones mind the many as !
poets OF the ever-recurring and never
ending struggle OF the toilers for better
conditions of life and labor. While in
brief article it Is impossible to re-
view, even specifically the history of
labor's progress or to note the epochs
which, like milestones. mark the ad-
vance of the toilers during the past
century. It may not be inappropriate
at this time to speak Of one phase Of
the labor problem that win. no doubt
receive from the toiling masses serious
consideration and provoke extended
discussion in the Labor day demonstra-
tions Of this year.
Each generation has had and each
will have its own peculiar problem to
solve, and while the abuse Of the writ
of injunction did not originate within
the last decade, yet it is safe to say
that the wrongful use of what was
primarily a beneficent and necessary
legal process, has become acute with
in the past ten years; and perhaps no
action has aroused so much interest or
caused such universal protest as the
injunction issued by Justice Gould and
the decision rendered by Justice
Wright.
The question of whether or not the
defendants in this case shall be re-
quired to serve terms of imprisonment.
sinks into insignificance when compar-
ed with the principles of constitutional
government and human freedom which.
are involved. 1t was to guard so far
as possible, against the abuse of power
on the part of the courts prevailing in
monarchial countries that IT. was writ-
ten In the constitution of the United
States that freedom of speech and free.
dom of the press should not be abridg-
ed, even by an act of congress, and
that every. citizen should be entitled to
q trial by jury Of his peers before he
might be convicted Of crime. And 1t
is no reflection upon the Judiciary of
our country to say that the working
men will not cease their agitation or
abate their demands until trial by jury
for every offense which involves inn
prisonment shall have been established
and recognized as the only true prin-
ciple Of free government and the real
guarantee Of the impartial administra-
ton OF Justice.
Public trials and impartial juries
are essential alike to the protection OF
the court and the accused because the
influence and weight OF judicial decis-
ions must depend, in large measure.
upon the willing acquiescence of all
groups In society," TO maintain the IN
tegrity and the righteousness Of the
Judiciary It lie important that the
judges shali have the assistance OF a
jury In determining the guilt and the
measure OF punishment of each citi-
zen who is brought to the bar Of JUS
tice for trial. The liberty OF q citizen
is reasonably safe In the keeping OF
twelve fellow citizens. It should not
be entrusted to any one man, 1t mat
ters not whether he be monarch. Judge
or Iaynlan. The power to convict and
inprison citizens OF the United States
should neither be forced upon the
judges OF our courts nor arrogated by
them. Especially is this true when the
process OF enforcing the law IS secure
and unfaiiing In the hands Of q jury.
Your complexion as well as your
teraner fe rendered miserable by a dis