Presidents -- United States -- Messages; United States -- Politics and government -- Sources
In my last message I suggested the enactment of a law in connection
with the issuance of injunctions, attention having been sharply drawn
to the matter by the demand that the right of applying injunctions in
labor cases should be wholly abolished. It is at least doubtful whether
a law abolishing altogether the use of injunctions in such cases would
stand the test of the courts; in which case of course the legislation
would be ineffective. Moreover, I believe it would be wrong altogether
to prohibit the use of injunctions. It is criminal to permit sympathy
for criminals to weaken our hands in upholding the law; and if men seek
to destroy life or property by mob violence there should be no
impairment of the power of the courts to deal with them in the most
summary and effective way possible. But so far as possible the abuse of
the power should be provided against by some such law as I advocated
last year.
In this matter of injunctions there is lodged in the hands of the
judiciary a necessary power which is nevertheless subject to the
possibility of grave abuse. It is a power that should be exercised with
extreme care and should be subject to the jealous scrutiny of all men,
and condemnation should be meted out as much to the judge who fails to
use it boldly when necessary as to the judge who uses it wantonly or
oppressively. Of course a judge strong enough to be fit for his office
will enjoin any resort to violence or intimidation, especially by
conspiracy, no matter what his opinion may be of the rights of the
original quarrel. There must be no hesitation in dealing with disorder.
But there must likewise be no such abuse of the injunctive power as is
implied in forbidding laboring men to strive for their own betterment
in peaceful and lawful ways; nor must the injunction be used merely to
aid some big corporation in carrying out schemes for its own
aggrandizement. It must be remembered that a preliminary injunction in
a labor case, if granted without adequate proof (even when authority
can be found to support the conclusions of law on which it is founded),
may often settle the dispute between the parties; and therefore if
improperly granted may do irreparable wrong. Yet there are many judges
who assume a matter-of-course granting of a preliminary injunction to
be the ordinary and proper judicial disposition of such cases; and
there have undoubtedly been flagrant wrongs committed by judges in
connection with labor disputes even within the last few years, although
I think much less often than in former years. Such judges by their
unwise action immensely strengthen the hands of those who are striving
entirely to do away with the power of injunction; and therefore such
careless use of the injunctive process tends to threaten its very
existence, for if the American people ever become convinced that this
process is habitually abused, whether in matters affecting labor or in
matters affecting corporations, it will be well-nigh impossible to
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