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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8 페이지
... matter has also provoked discussion by the profes- sion . At the annual meeting of the American Bar Associ- ation , in August , 1894 , an elaborate paper was read by Mr. Charles Claflin Allen of St. Louis , entitled , " Injunction and ...
... matter has also provoked discussion by the profes- sion . At the annual meeting of the American Bar Associ- ation , in August , 1894 , an elaborate paper was read by Mr. Charles Claflin Allen of St. Louis , entitled , " Injunction and ...
13 페이지
... matter which concerns the exercise of judicial power , and in which the Bar ought to have accurate knowl- edge , a wise opinion , and a controlling voice . The people have a right to expect the profession to act in such a mat- ter . It ...
... matter which concerns the exercise of judicial power , and in which the Bar ought to have accurate knowl- edge , a wise opinion , and a controlling voice . The people have a right to expect the profession to act in such a mat- ter . It ...
32 페이지
... matter for what cause , is not acceptable to him for service of that character . " And that the " exercise by the receivers of their right to adopt a new schedule of wages could not be made to depend upon considerations of hardship and ...
... matter for what cause , is not acceptable to him for service of that character . " And that the " exercise by the receivers of their right to adopt a new schedule of wages could not be made to depend upon considerations of hardship and ...
33 페이지
... matter from a combination and conspiracy among employés with the object and intent , not simply of quitting the service of the receivers because of the reduction of wages , but of crippling the property in their hands , and embarrassing ...
... matter from a combination and conspiracy among employés with the object and intent , not simply of quitting the service of the receivers because of the reduction of wages , but of crippling the property in their hands , and embarrassing ...
37 페이지
... matter . A demurrer to the bill was subsequently overruled by Phillips , D. J. , ( 64 Fed . Rep . 27 ) . This injunction was issued ex - parte against 132 defendants named in the original bill , and afterwards against about 250 more ...
... matter . A demurrer to the bill was subsequently overruled by Phillips , D. J. , ( 64 Fed . Rep . 27 ) . This injunction was issued ex - parte against 132 defendants named in the original bill , and afterwards against about 250 more ...
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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.