The Connecticut labor news., 1922-09-29
''Lawless Courts Are Worst Form of Anar- chy," Says ROminson, and D enOu nc C S Daugherty.
By International Labor News Service

|
 sons characterization of the Federal
 court of Chicago because of it's issu-
 ance of a temporary injunction
 against the striking shopmen in re- 1 sponse to the request of the admin l istration
 | '1 say that the injunction in this
 case is an abuse of the authority of 1 the Federal courts, because 1t vio-
 lates the laws of Congress and be- cause 1t infringes, or seeks to in- 1 fringe, upon the constitutional rights of citizens I go further now and say that 1t is an attempt, apparently, to settle strike by an injunction, and that the laws of the United States do not, expressly or impliedly, give the Attorney General or the courts that power said the senator. | "Lowless courts represent anarchy in it's worst form," he said in the course of his address to the Senate | on Wednesday, September 6. Moth | ing is to be feared from enemeis who
 blatartly assail or institutions. Be- ware, however, of those who in the ercise of unlawful authority and con- done violations of the Constitution and laws. These are the real, the dangerous enemies of liberty; the real foes of republican government. Part of Senator Robinson's address follows: In a manifest effort to end the strike by injunction, following ,as it is alleged, precedents heretofore established in certain industrial strikes, the Attorney General has prompted the district court at Chi cago to issue an order which Is not only plainly in violation of the Clay ton Act but which likewise tran gresses the Constitution of the United States in the following par ticulars:
 I. By abridging freedom of speech
 2. Freedom of the press.
 3. The right of the people peace ably to assemble.
 The Chicago Federal district court issuing the injunction has only such powers as are conferred upon 1t by law. The Congress has not attempt ed to authorize the Federal courts to abridge the privileges mentioned, and certainly could not do so if 1t tried. Unwarranted Assumption of Author
 ity.
 The alleged advantages to the pub- lie to be derived from this legal pro- 5. power, are more than offset by the permanent impairment of the repu- tation of the Federal judiciary for in tegrity and inpartiality which must result from such an unwarranted as sumption of authority. No court order violative of constitutional rights may be countenanced, even if 1t finds sympathy among influential bodies of our citizenship, or, for that matter, Tn widespread public opinion. From the beginning of the Govern ment wise statesmen have feared that the Federal judiciary may become the instrument for nullifying the Consti- tuition which 1t was created to up hold This fear was epitomized by Jefferson when he said:
 ''The great object of my fear Is l the Federal judiciary That body, | like gravity, ever acting, with noise l less foot and unalarming advance, gaining ground step by step, and holding what 1t gains, is engulhng in the special governments into the jaws of that which feeds them.
 There is no danger l apprehend SO much as the consolidation of our by the noiseless and therefore unalarning instrumental
  the form in which federalism now arrays itself, and consolidation is the present principle of distinction be- tween Republicanism and pseudo Re publicans but real federalists
 Where the press Is free and every l man able to read all is safe"
 The courts themselves in recorded opinions, and judges in formal dis sents, have repeatedly and frequently denounced the alleged tendency of the Federal Judiciary to extend its power 0y implication and by construction so as to minimize the constitutional in auence of the legislative department and break down the sacred guaranties of the Constitution. Many of the ablest lawyers, whose labors have glorifed the history of the American 1ar, have taken occasion in public in briefs, and in arguments before courts to protest what they nave termed the encroachment of the judiciary upon the powers of other criticisms find justification in the con sciences of enlightened citizens, who ealize that the surest way to discredit American justice and the courts es- ablished to administer 1t is by usur ,atoin of power on the part of the .ourts and the inevitable undermining n the public conscience of that con ldence and respect in the judiciary which are indispensable to the main enance of law and order. The per ,etuity of the American judivial sys- em depends upon the fidelity with which Federal judges observe the linn tations imposed by the Constitution or the exercise of their powers, and lot by the readiness with which they ; disregard those limitations in con ormity to alleged public opinion.
 Ruin Must Follow Usurpation of
 Power.
 Corruption and decay, ruin and an rchy, inevitably must follow the ,rostitution of the Federal judiciary o proceedings violative of the funda- mental safeguards of liberty and con , to the varying moods of public opinion