Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
As is well known to all lawyers, a restraining or injunction order is
never granted by a state or federal court in New York without notice
to the defendants except when proof is submitted to the judge by
affidavit or verified complaint which shows that, unless the defendant
be immediately enjoined, irreparable loss or damage will result to the
applicant before the matter can be heard on notice. If the court has
sworn proof thus submitted to it that the defendants are threatening
immediate injury to person or destruction of property, it is the duty
of the judge--and may it ever be the duty of every American judge--to
issue an injunction without delay, for delay in such a case would in
most instances work a complete denial of justice.
If our system of equal laws impartially administered is to endure,
the courts must continue to shield and protect the individual by
means of injunction orders, and they should not be deprived of the
power of exercising one of the most beneficent remedies afforded by
any system of laws and one indispensable to the due and satisfactory
administration of distributive and equal justice.
Some typical examples of misrepresentation of our courts by leaders of
public opinion will be recalled in connection with the Tenement House
Tobacco case, the Bakers case, the Ives case, and other cases involving
so-called social legislation.[57]
When Mr. Roosevelt's statements in regard to the Tenement House case
were recently challenged by four lawyers, including Senator Root, Mr.
Milburn and Mr. Marshall, as being inaccurate and likely to mislead
the voters of the state, he made no correction whatever, but urged
the people to accept his statements and those of a settlement worker
instead of the record of the case before the Court of Appeals. This
incident will serve to show the difficulty of combating such inaccurate
statements, which are given the utmost publicity by the press
throughout the country, whereas the refutation is generally ignored.
A report of Mr. Roosevelt's public comments, when his attention was
called to his manifestly incorrect statement of the decision in the
Tenement House case, quotes him as saying:
Public-domain text, read in full here on John Shaqi.
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