The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1910-04-07

/ senate refused to recognize the iurisdic
'ioh OF the court to inquire into the acts
VI its committee, and SO notified Justice
wright. The House of Representative
decided to recognize the court g iurisdie
ton, and its committee appeared before
the court.
| oiseussihg tins matter at the time
we asserted that Justice Wright would
insist upon his jurisdiction, but that he
would dismiss the writ on its merits and
would not arraign the Senate committee
OF the Senate, upon whose authority the
soniiniltee was acting ito appear before
MN ana answer for contempt of his or
uef. And so it has come to pass. Jus.
tlee Wright asserted the jurisdiction of
MS court to issue the writ, and then uls-
missed the writ, .on its merits.'
The writ of nandamus and the writ of
injunction differ in this particular only.
lie hrst IS 4 court s order prohibiting
the doing of act If a court has the
rlght to issue Il mandamus, writ COM
peillng the uoing of certain act, by
congress or one of its committees, q court
has also the right to issue an Injunction
iorblddinS 1t to do that same act.
Ihe House of Representatives, in Weld
ing to Justice Wright's assumption of
authority and jurisdiction, has helped to
es'apish precedent that may, and no
doubt Will, return to plague that august
body.
Ihe Senate, standing on it's right as a
coordinate branch of the Government.
insisted that the judicial branch could
not by any process invade it's authority
ana field of activity. AS we have said,
the House yielded the right and inde-
pendence for which the Senate contend
ed. But what could be expected of a
House of Representatives so long domi
mated by that Mephistopheles of Ameri-
can politics, its Speaker, and his hench-
men, and having an opposition largely
without purpose or backbonef
The situation in one particular, how
ever, has not changed. The committee
of the United States Senate, acting by
direction of the Senate, declined to rec.
ognize Justice Wright 8 Jurisdiction,
and III view of his assertion that he had
jurisdiction, what he is going to do about
it7
If ever men placed themselves in con-
tempt of court, the committee of the SEN
ate and afterward all the Senators, plac-
ed themselves in that position, and vet
what has Justice Wright done with these
eontemnersf The mere fact that he Ia
ter dismissed the writ does not change
the situation one jot. If he had the au-
thority and the jurisdiction to issue the
writ, the Senators were bound to obey
and IN refusing to obey they were in con-
tempt. If they were in contempt, why
does he not exercise his power and sum-
mon them before him for their refusal to
obey his mandatef
Justice Wright has not hesitated or
failed to hale other men before him for
alleged contempt of court, to punish and
sentence them to long terms of imprison.
ment, when merely standing on their long
acknowledged rights as citizens. Why
should he hesitate in the case of United
States Senators? The reply is that he
realizes that if he attempted to bring the
Senators before his bar for eontempt, it
would raise Il storm of indignation and
resentment throughout the country. The
courts invasion of the domain of the
legislators, as well as the domain of the
constitutional rights of the citizen, would
be thrashed out in such manner as
would bring the entire issue of judicial
usurpation to the forefront to be settled.
and settled right. .
1t is highly significant that when the
House of Representatives had under dis
cussIon the subject to whether Justice
Wright S writ of mandamus should be
recognized or ignored, the burden of the
speeches i'll favor of yielding rested upon
the cases of labor men whom Justice
Wright had sentenced to Imprisonment
for long terms for alleged contempt of
court; in other words, for their refusal
to surrender their rights of free speech
and of free press. These speeches in
the House all smacked much of the ''ho.
lier than thou type. The House pusil.
lanimously surrendered it's independent
Legislative field of jurisdiction to a court
striving to extend its authority The
Representatives. failed to appreciate JEFF
ferson s warning when he said:
The germ of dissolution of our Fed
eral Government is in the judiciary. an
irresponsible body working like gravity.
by day and by night. gaining little to-
day and gaining little tomorrow, and
advancing its noiseless step like thief
over the field of jurisdiction until all shall