Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1923-10-12

By International Labor News Service.
New York, Oct. IL. - Warning
against permitting the injunction to
take the place of the ordinary meth
DDS of the criminal courts, is sounded
by Zechariah Chafee, Jr., of the
Harvard University law faculty, writ
ing i'm the New Republic.
Under the title of California Jus.
tee" Prof. Chafee discusses the re-
cent temporary injunction granted in
California which abolishes trial by
jury in certain cases and makes mere
membership in the |. W. ". punlsh-
able as contempt of court. He says
that the injunction indicates the
growing tendency Of the government
to use injunctions instead Of criminal
prosecutions to maintain Law and
order" and declares that the tendency
is preaching in its possibilities Of
harm. In summing up his conclue
sions, Prof. Chafee says:
an conclusion, two points must be
emphasized. First, aside from the
validity of any particular injunction
in these governmental suits, we are
making a very grave mistake in al
lowing prosecuting officials to employ
courts of equity in place of criminal
courts. 1t is true that the criminal
law has broken down in this country.
The police will not or cannot arrest,
the rules of evidence furnish count
less technical distractions, 1uries re-
fuse to convict, new trials are readily
granted. The prosecutor turns with
relief fro mthis uncertainty to the au-
tomato, hair-trigger action OF a Ju-
dicial restraining order.
"Once more We are evading the
issue. Instead of setting ourselves
diligently to reorganize the admins
tration Of criminal justice, we shrink
from the difficult task and try 20
make the injunction do the same job
of maintaining order in industrial
disputes. Sooner or later we shall
pay the price.
"In a jury trial the responsibility
is distributed. 1t does not all fall on
the Judge. The accused Is convicted
by men from the street, not very or
ferent from himself except in their
freedom from crime. The jury takes
up the slack. as it were. In court
of equity, there is nothing to take up
the slack. The judiciary, the most
deifciate part Of our political ma
cbinery is subjected to a terrific
strain, when il is made 10 do unaided,
and in highly controversial cases
work fitted for the rougher mech
anism Of the criminal law.
Finally, the efficiency Of the gov
ernmental INJUNCTION in maintaining
the normal processes of lie during
industrial disputes, does not neees-
sarily make it desirable. The natural
wish of those in authority to make the
government strong enough TO meet
the needs Of the moment With rapid
iitv NAV lead them to obtain efficiency
by an undue sacrifice Of freedom.
law and order are good, but they
shade by imperceptible gradations
into the order that 'reigns in War
saw
"Experience has proved it wise
that the public should have a fairy
direct share in those functions OF
government that intimately affect the
life of the average man. For IN
stance. taxation. which may only be
initiated BY the branch of the legisla-
ture closest to the people; and pun
ishment. which must be inflicted by
iury. The delays and uncertainties
incident to such popular participa-
ton i'm government render men OF
action impatient. Charles | wanted
taxes without Parliament, and the
Star Chamber was instituted e sup
press crime without a jury. The in
creased efficiency thereby secured
was not adequately appreciated By
.he people at large. The use Of the
Injunction to put men in prison with
ant a Jury trial for reasons that seem
insufficient TO considerable body Of
their fellow-citizens is liable to pro-
duce a resentment that may eventu-
ally sweep away some judicial pow
ers that had better be preserved