The Tyranny of the Injunction
An editorial critique of the judiciary's increasing reliance on court orders to break labor strikes and circumvent legislative power.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
The Seattle Star injunction case, while unfortunate in results to the editors, is to the people at large a most fortunate occurrence. Labor unions have for years been sufferers from judge-made laws, but as only one class suffered, it was impossible to impress upon citizens generally the injustice of the injunction. It was left to them to carry on an agitation practically alone. The arbitrary use of the injunction has spread so insidiously, however, that it was inevitable that sooner or later it would begin to be felt by other classes of citizens. Now that it attacks the press, it is beginning to be realized just what a menace the injunction is. There is apparently no limit to the power of a judge. He may, if he chooses, issue a temporary restraining order against any man or set of men, upon petition of a complainant. The same judge may hear contempt proceedings in connection with his own restraining order and punish for contempt. He virtually becomes judge, jury, and executioner. Is that despotism, and if not, what is? Legislation that will restore the injunction to its original function—a protection against life and property when the common processes of law will not avail—must be passed, or the whole judiciary system thrown into contempt by the American people.
“He virtually becomes judge, jury, and executioner. Is that despotism, and if not, what is?”
This 1910 critique of the judiciary mirrors long-standing debates about the overreach of injunctions in labor disputes. It highlights a recurring American tension between the 'judge-made law' of the courts and the legislative intent of elected bodies, a struggle that remains a cornerstone of legal and labor activism today.
From readers
No comments yet. If you know something about this story — a correction, a family memory, a source — it belongs here.