Show ANOTHER CORROBORATION The Independent was among the earliest of the papers to call the fact that injunctions and sentences for contempt of court represent the most objectionable thing known in this country judge-made the embodiment one man We are naturally pleased to note an able argument in the that tends powerfully to corroborate our position on this The article is as follows Judge-Made 1 he case of the labor leaders grew out of their disregard of an which was considered contempt of the It is clearly opposed to the theory of our institutions for courts to make laws yet in the case of pun- for contempt that is substantially what they As to injunctions a court of equity may properly be asked to grant one whenever it seems essary to prevent the doing of some act that will result in such injury to one's property that damages recovered afterward by a suit at law will not be a sufficient compensation to repair the Such a case would occur where one seeks to prevent the destruction of his trees or the infringement of his or where he seeks to prevent others from creating a making noises at unseasonable hours near his In a case of emergency the injunction will be and will continue in force until a hearing and if the complainant makes out his the injunction will be made Any such decree by a court in is simply an order from the court to the party against whom it is directed requiring to do or to refrain from doing some act named and explained in the suppose a person disregards the does it necessarily follow that he thereby expresses or intends any contempt of the legal We think it is entirely a question of It may be that he must act to save his to aid his or to his interests in any and if the course he takes appears to him or to reasonable to be it is difficult to perceive wherein he shows contempt of the court's He expects to pay for any damage he may wrongfully do to his adversary's property or reputation but is it right to make him suffer also any vexation which his course of action may have produced in the mind of the judge who granted the A sentence for contempt is a decision that the offending party has violated some law that is not on the statute not in the unwritten or common but solely in the mind of the It is not law in any broad it Is an exercise of arbitrary possibly it is a mere The law books politely say that it is something left to the discretion of the In general it has been used with admirable but instances of its questionable employment are not and occasions of popular against it have sometimes It is true that the lawyers and judges do act as artificers or or rather as of the law they apply it lo new and under cover of interpreting the old they often introduce new This seems a necessary part an inevitable re-sult-of the growth of our system of common or unwritten law but even this much of law-making by the courts has been regarded with impatience in this country and no encouragement to its extension has ever found much favor with either the people or the jurists It is the function of the on the American theory to for it is the desire or of the legislator to do with something and establish away s w a t the province of the tribunal to innovate but to and apply only what already exists as Judicial if sometimes is always obnoxious to republican and really dangerous to or law made by one says the dean of the Indiana law school in a text book he has written for the use of in this at an It is a usurpation by one branch of the government upon the powers of It is the foulest injustice to remove and to corrupt the law is to poison the very fountains of Judicial laws are always and arc worse than retrospective Against retrospective statutes there is the bar of constitutional There is no such bar against the capricious legislation of a A judicial superseding of legislative intent is an act of mere executive It is and may easily become the source of the gravest These grave and warning words of a high authority apply with special force to the law made by one man when a judge punishes for contempt of The most recent case of its exercise may be fraught with momentous Hurrah for Sigurd and Miss Ivy Erickson who started its big plaster mill by cracking a bottle of on the big balance The Richfield Reaper has a full account of the opening of the 50 by plaster mill and a 50 by warehouse at Sevier employing 32 using pounds of making daily pounds of A No 1 rock The Utah Independent does not advocate factories or factory as they are known m the eastern but when Utah water power can be utilized to transform Utah raw into manufactured goods by Utah labor and brains it establishes a economic condition that derail outside It was Utah merchants y that and contractors t but today that condition has n Utah has enough g to every hero who was ever on a buT to the present time 0 iJ |