[96] For a discussion of these cases see "The Legal Tender Decisions" by E.J. James, Publications of the American Economic Association, Vol. III.
[97] Report of the Am. Bar Association, 1895, p. 246.
[98] For a discussion of this recent use of the injunction by our Federal Courts see Annual Address of the President of the Georgia Bar Association, John W. Akin, on "Aggressions of the Federal Courts," 1898; W.H. Dunbar, "Government by Injunction," Economic Studies, Vol. III; Stimson, Handbook of Am. Labor Laws.
[99] "We should like to see the law so changed that any man arrested for contempt of court, for an act not performed in the presence of the court and during judicial proceedings, should have a right to demand trial by jury before another and an impartial tribunal. It is not safe, and therefore it is not right, to leave the liberties of the citizens of the United States at the hazard involved in conferring such autocratic power upon judges of varied mental and moral caliber as are conferred by the equity powers which our courts have inherited through English precedents." Editorial in the Outlook, Vol. LXXIV, p. 871.
[100] C.H. Butler, Treaty-Making Power of the United States, Vol. II, p. 347.
[101] Art. III, sec. 2.
[102] The constitutions of Maine (since 1820), Rhode Island (since 1842), Florida (since 1875), and Missouri (constitution of 1865, but omitted in constitution of 1875 and since).
A provision of this kind is also found in the Massachusetts constitution of 1780, from which it was copied in the New Hampshire constitution of 1784. Its purpose in these two constitutions, however, was not to guard against the subsequent exercise of the judicial veto, since the latter was then unknown, but to make the judges of the Supreme Court an advisory body to the legislature.
[103] Democracy and Liberty, Vol. I, p. 9.
[104] Elliot's Debates, Vol. III, p. 218.