Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1923-08-03
RAILROAD INJUNCTION
SETS THE FASHION.
CONTINUED from PAGE u

to be followed by other courts,
because, among other things, II
1 will serve to drive competent me-
j ehanics out of the state more ef-
fectfvely than the advantage
taken of negroes has already
served to drive many thousands
Of them into other portions OF the
country. The court as lawfully
created judicial institution, is en-
titled to respect; a decision OF the
court which gives TO EMPLOYERS
rights and privileges which are
denied to wage-earners Is not en-
titled to respect, because 1t defin-
itely sets aside well established
definitely understood constitu-
tional rights"
| But il remained for a California
judge to issue the prize injunction,
which abolished trial by jury in GER
tain cases and left Daugherty's best
effort far in the rear Of the injunc-
ton race. 1t was a temporary de-
cree but its loving friends hope to see
it join the ranks of the Were here
to stay" injunctions.
Court Sole Judge of Guilt
The California decree was the work
of Superior Judge Charles o. Busick
of Sacramento county, who issued a
statewide injunction under which
membership in the ]. w. W., or affil-
lated bodies, will be construed as con-
tempt of court punishable by six
months Imprisonment without a jury
trial. The injunction was made valid
in every county in the state and any
superior court was given jurisdiction
be- l. II kaa a.ata M
ton. If you are brought before a
court on the charge of being a mem
Der of the |. w. w. the judge will be
sole master of your fate. You may
never have heard of the |. w. W., lei
alone being member of the organ
ization, but If the judge doesn't like
your face, he can send you to Jail for
six months. Neat, Ell? As the New
York World says:
| California has a criminal syn
| dicalism law passed chiefly
against the Industrial Workers of
| the World, but much difficulty has
been found in the enforcement
of the statute because Of the old
fashioned assumption that the
| prosecution must prove its case
in court. A Judge has
been induced to issue an injunc-
ton under which mere member
ship in the |. W. W. can be inter-
preted as contempt of court and
punished by six months imprison-
ment. There will be no NECESSITY
then of a jury trial. No neces-
sity of proving anything, in fact,
because the matter of membership
will rest on the discretion of the
Judge who does the furnishing.
. "If the injunction is made per-
manent it will be valid in every
county and any Superior Court
will have jurisdiction. Mr.. Daugh-
erty himself has never evolved
a more simple solution of econo-
mic problems than that. If there
is disconnected radical labor in
California, send it to Jail for con-
tempt of court. Then it will come
| out of Jail satisfied and happy
and duly impressed with the
States sense of inherent Justice
| perhaps.
| New York long ago recovered
| from its attack of Luskism, but
California is still delirious, and is
raving."
L
the only court which is aiming blows
at the right to TRIAL by jury. Stimuli
taneously with Judge Wilkerson's de-
cision making permanent the Daugh-
erty injunction, the United States
Court of Appeals at Chicago held that
erstwhile shopnen and their union
leaders who were cited for contempt
in the district court for violation of
the injunction may not have the ben
eft of Jury trial.
What Befell an Editor
As various parts of the country
come to the front with injunctions
against workmen, New Mexico dis
tinguishes herself by permitting a
judge to send an editor to Jail for
attacking a political ring in San Mig
uel county.
The editor is Carl C. Magee of the
| New Mexico Tribune of Albuquerque,
VINO has been fighting the political
ring for two years. He made mild
criticism of a judge in Santa Fe
county and for this was indicted and
convicted for libel in San Miguel
county. He charges he was convicted
before jury not one of whom could
read English.
| Sentenced to from one year t.
eighteen months in the penitentiary
Magee protested in his paper against
the methods of the court and was re-
peatedly cited for contempt. the last
time being sentenced to $50 days.
Fortunately New Mexico has a gov
ernor who recognized that Magee was
a victim of judicial usurpation and
he pardoned the editor of both the
libel and contempt charges, declaring
that in his opinion Magee had been
prosecuted, not prosecuted and that
the convictions had been a disgrace
to the state.
New Mexico's sister state of Ari-
iona enjoys the benefits of another
kind of injunction, just issued by Fed
eral Judge Erskine in California, re-
straining the Arizona minimum wage
commission from enforcing the Ari-
iona minimum wage law. The United
States Supreme Court decision de-
claring unconstitutional the District
of Columbia minimum wage law was
cited by the judge to sustain his in
junction. The legal reasoning may
be all right, but advocates of the
minimum wage law point out it
| doesn't help the women workers of
| Arizona.
Kentucky in Lmelight, Too
Kentucky falls into line with a de-
cree, which though merely comic,
| shows the growing tendency to turn
to a judge to remedy all ills by in
junction. John Alton, IS, was the
victim heinp enioined from MARRYING