What is "government by Injunction?": Does it Exist in the United States? Annual Address Before the Grafton and Coös Bar Association, January 28, 1898Rumford Press, 1898 - 110페이지 |
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14 페이지
... held that the acts of the defendants as alleged by the bill , although they amounted to crime , could be restrained , because they also tended to the destruction or the irreparable injury of the plaintiff's property . The vice ...
... held that the acts of the defendants as alleged by the bill , although they amounted to crime , could be restrained , because they also tended to the destruction or the irreparable injury of the plaintiff's property . The vice ...
19 페이지
... held that suits in equity , or injunction suits by any other than the Government of the United States , are not authorized by that act . Toledo , Ann Arbor , etc. , Railway Company v . Pennsylva- nia Company , et al . ( Circuit Court ...
... held that suits in equity , or injunction suits by any other than the Government of the United States , are not authorized by that act . Toledo , Ann Arbor , etc. , Railway Company v . Pennsylva- nia Company , et al . ( Circuit Court ...
23 페이지
... held him guilty of contempt , and ordered him to pay a fine of $ 50 and costs of the entire proceedings . In conclusion , the judge said : " This suit has afforded the court an opportunity for declar- ing the laws applicable to such ...
... held him guilty of contempt , and ordered him to pay a fine of $ 50 and costs of the entire proceedings . In conclusion , the judge said : " This suit has afforded the court an opportunity for declar- ing the laws applicable to such ...
26 페이지
... held constituted a case within the statute , saying , " One of the intended results of their combined action was the forced stagnation of all the commerce which flowed through New Orleans . This intent and combined action are none the ...
... held constituted a case within the statute , saying , " One of the intended results of their combined action was the forced stagnation of all the commerce which flowed through New Orleans . This intent and combined action are none the ...
27 페이지
... held that the injunction should issue notwithstanding . This was the first case in which it was held that the act of congress of July 2 , 1890 , known as the " Anti - Trust Act , " gave equity jurisdiction to enjoin combinations of ...
... held that the injunction should issue notwithstanding . This was the first case in which it was held that the act of congress of July 2 , 1890 , known as the " Anti - Trust Act , " gave equity jurisdiction to enjoin combinations of ...
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accused action alleged American Bar Association American Railway Union appeal arrest bill Chicago Circuit Court Circuit Judge compel complaint conduct congress conspiracy contempt of court Court of Chancery court of equity crime criminal Debs defendants discharge duties employer employés employment enforce enjoin equity powers executive exercise federal courts federal troops filed government by injunction grand jury indictments indirect contempt injunction was issued interfere interfering interstate commerce intimidation irreparable injury issued an injunction judge at chambers judgment judicial judiciary July jurisdiction juror jury trial justice Kansas legislation legislature mails ment Northern Pacific Northern Pacific Railroad obstructions to interstate opinion party peace petition plaintiffs prevent proceedings for contempt public nuisance purpose question quit the service railroad company refuse remedy restrain riot saying senate Star Chamber statute strike strikers Supreme Court thereof threats tion trial by jury United United States attorney unlawful wages workmen
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23 페이지 - States, in their respective districts, under the direction of the attorney general, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case ; and pending such petition and before...
23 페이지 - SEC. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this Act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations.
4 페이지 - That this right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice...
42 페이지 - The strong arm of the National Government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails. If the emergency arises, the Army of the nation and all its militia are at the service of the nation to compel obedience to its laws.
3 페이지 - We denounce arbitrary interference by Federal authorities in local affairs as a violation of the Constitution of the United States and a crime against free institutions, and we especially object to government by injunction as a new and highly. dangerous form of oppression, by which Federal judges, in contempt of the laws of the States and rights of citizens, become at once legislators, judges, and executioners...
78 페이지 - Justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, Juror, witness or other person, to any lawful writ, process, order, rule, decree, or command of the said courts.
26 페이지 - From combining and conspiring to quit, with or without notice, the service of said receivers, with the object and intent of crippling the property in their custody, or embarrassing the operation of said railroad...
43 페이지 - ... such as affect the public at large, and are in respect of matters which by the Constitution are entrusted to the care of the nation, and concerning which the nation owes the duty to all the citizens of securing to them their common rights, then the mere fact that the government has no pecuniary interest in the controversy is not sufficient to exclude it from the courts, or prevent it from taking measures therein to fully discharge those constitutional duties.
43 페이지 - Every government, entrusted, by the very terms of its being, with powers and duties to be exercised and discharged for the general welfare, has a right to apply to its own courts for any proper assistance in the exercise of the one and the discharge of the other...
44 페이지 - But the power of a court to make an order carries with it the equal power to punish for a disobedience of that order, and the inquiry as to the question of disobedience has been, from time immemorial, the special function of the court.