The Leon reporter. (Leon, Iowa) 1887-1930, 1909-07-08
OKLAHOMA AND NEBRASKA IN
FUNCTIONS.


injunction the bank guaranty laws Of
we'll on their way to the supreme court
of the United States, where it will be
finally determined whether the laws
shall continue to live or be put to death.
The people of Oklahoma will, however,
await the action of the court of last re-
sort with a great deal more patience,
and with a greater feeling of respect
for legal processes, than will the people
of Nebraska. The reason is that con-
ditions are radically different in the two
states.
Oklahoma enacted guaranty law
and that law is today the law of the
state. The people are enjoying its bene-
fits during the entire time that it is
made the subject of litigation. 1t is
possible the supreme court will annul
the law. But until it does so the law
is in full force and effect. 1t enjoys the
advantages attaching to the presump-
tion of validity, to which it, together
with every other legislative enactment
is justly entitled.
Nebraska enacted a guaranty law
which is not permitted to become the
law of the state, though it was regular
ly passed, with a constitutional major
ity, through both branches of the
Legislature, and signed by the governor,
and though it was endorsed and de-
handed by the people at the polls in
advance of it's passage. The law may
be perfectly valid and constitutional;
the supreme court may so decide when
it is given the opportunity but the law
is chung up" 1t will remain chung up,' y
if the temporary injunction issued last
week is made permanent, until the
last word has been spoken by the last
court.
In Oklahoma, thanks to the employ
ment of orderly and fair legal pro.
cesses, the state gets the benefit of the
doubt and the use of the law while it's
validity is in dispute.
In Nebraska, owing to the invoking
OF the summary power of injunction,
the special interests that are attacking
the law get the benefit of the doubt,
and the state, perhaps for the next year
or so, will get nothing but a lawsuit.
This contrast serves excellent to make
plain the reason why so many people
have come to protest against govern
ment by injunction" The question here
involved is substantially the same that
has been raised good many times be-
fore in considering the injunctive pro-
cess. Senator Bailey and the democratic
minority in the senate, when the Hep.
burn bill was under consideration,
strove fruitlessly to deprive minor
federal courts Of the power to prevent,
by injunction, the enforcement of a
freight rate established by the inter-
state commerce commission until it has
been finally pronounced invalid. Emil
nent democrats, and some eminent re-
publicans as we'll, have protested
against permitting minor federal court
to enjoin the enforcement of law of a
sovereign state pending the determine
tion of the issue of it's constitutionality.
What has now happened in Nebraska
will cause many other people to join
in the protest.
Meanwhile the people of Nebraska
will hope and expect to see this law
defended before the circuit and supreme
courts with the utmost vigor, determin-
alton and ability. They will expect that
every step possible to take is taken to
expedite the case.