Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-27
TO RESTORE OLD LAW
PROPOSED RESTRICTION OF IN
JUNCTION PROCEEDINGS.
Measure introduced in the Interests of
Labor Organizations After Long
Consideration.

An important measure, which is the re-
suit of conferences held during the past
two months between President Roosevelt,
Attorney General Moody, Commissioner of
Corporations Garfield and representatives
of labor organizations and corporate inter-
ests, has been introduced in the House of
Representatives by Representative Jenkins
of Wisconsin, chairman Of the judiciary
committee. 1t provides that in labor dis
putes an Injunction shall not be issued un-
til opportunity shall have been afforded
the adverse party to the proceeding to
be heard by the court and is intended as a
substitute for measures pending in Con-
gress.
Labor Leaders See President.
About two months ago President Roose-
welt entertained at dinner the heads of
several important labor organizations, H.
r. Fuller, the legislative representative of
several Of those organizations; Secretary
Morton and Commissioner Garfield. The
subject of anti-injunction legislation was
discussed thoroughly The representatives
Of labor strongly urged the necessity of
legislative action to limit what they re-
garded as the unfair use of the courts
at times, against them
After full consideration, however in
which all present informally participate
IT was deemed inadvisable to attempt to
limit the equity jurisdiction of the courts.
Neither the President nor any of his adj
vlsers would consent to suggestions looking
TO limitation of the right of Injunction
peheving they would be fundamentally I'M
Just and, therefore, could not command
the approval of Congress and of the peo-
pie.
A Tentative Measure.
Shortly after this conference Commission
Pr n fial1
organizations discussed the subject in de-
tail with Attorney General Moody. A ten
tative measure embodying ideas which. it
was agreed, would meet the difficulty raised
by the labor organizations, was prepared.
The measure, it is explained, sis simply the
incorporation into law of equity rule No. 90
ana the application of it specifically to
labor cases." ~
examination of the proposed measure by
representatives of both labor and corporate
interests showed that such q law could
have met practically all the cases of which
the labor organizations had complained.
Inc measure was submitted to members Of
congress, including Representative Jen-
klns, and being regarded as a fair adjust
ment or the matter and that it would
meet the situation which had deyeIoped in
Congress, it was introduced in the House,
WIN WIN tn me IDEA OF furnishing to Congress a
pasls OF legislative action that was salts
factory to the interests of both labor and
capital.
Mr.. Garfeld's Explanation.
! Commissioner Garfield has made this ex-
PLANTATION of the proposed measure:
THE original statute Of 1913 provided
that hearing should be had before the is
suance of any extraordinary writ Equity
rule No. SO simply carried that provision
into effect in all injunction proceedings
Under the revision of the revised statutes
in fhn al lou al,o T.
effect, to repeal that part of equity rule
No. 30 requiring the giving of notice be-
fore granting the temporary restraining
order. The bill introduced by Representa-
tive Jenkins restores that provision Of the
rule which requires that due notice must
be given to the adverse party in all labor
cases before the writ may issue. Its eff
feet will be not to limit the right Of in
junction, but it will prevent the IMPROVE
dent granting of writs Of injunction by af-
fording the adverse party opportunity
court
The measure provides that immediate
notice shall be given to the adverse party,
the time of the hearing to be within the
discretion of the court, but, In all cases, to
be as soon possible.
Mr. Fuller said that the organizations
which he represents indorse the principle
embodied in the measure that both parties
should have notice of the proceeding in in
junction cases, and an opportunity to be
heard before an Injunction is issued, but
as yet they had not considered thoroughly
the phraseology of the bill. He could not
say, therefore, what might be the final
judgment Of the organizations regard
inc If