The Washington herald., 1908-05-21
INJUNCTION BILL UP
House Republicans Fail to
Agree at Conference.
MAKE A SELECTION TONIGHT
Legislation Restraining Power oK
Courts to Issue IEjunctions Likely
to Pass HOuse--AIay Fail in Senate.
Debate in Conference Animated,
But Not PugnaciOus-Bfn Favored.

/
conference held last night for that pur-
pose. spent three hours in a discussion
as TO the advisability Of passing an anti
injunction measure at this session.
While no conclusion was reached. the
! conference. adjourning 10 meet again to-
night, all indications point to the adoption
of bin which may pass the House. but
which will stand less chance OF going
through the Senate.
The debate last night was centered large
! ly upon the bill introduced by Repre-
sentative Hepburn. Of Iowa. chairman
of the Committee on Interstate and For
| eign Commerce, At least forty amend
ments 10 this bill were offered. and the
/ upshot OF the conference tonight, It is
/ predicted, Will be the appointment Of a
/ committee directed TO draft q measure
along the lines OF that introduced some
weeks ago by Representative Payne. OF
New York
+ The debate in conference was orderly,
/ but animated and earnest. Representa-
tive Littlefeld. of Maine the leading op-
ponent of anti-ipjunetion legislation.
sounded a note Of warning that was con
dueive TO sober thought. He declared
that il was not within the constitutional
/ prerogatives Of Congress TO interfere with
/ the Federal courts in the matter Of issu-
ing iniuncuons.
| He said that the power had rarely, II
/ ever, been abused. Three hundred and
| twenty-eight bills Of injunction had been
/ issued In the last five years Complaint
| had been made against only twenty-three
OF them.
Says Labor Wants II.
Labor, he said, demanded a modification
of the enjoining power OF the courts. In
the past twenty-five years only twenty
FIVE intunctions had been issued by Fed
eral courts in restraint Of labor unions.
Representative Litslefeld was allowed
thirty minutes Of time.
At the expiration Of that period his
time was extended ten minutes. Repre-
sentative Townsend and other advocates
Of legislation throwing restrictions around
( the courts in the matter OF Issuing re-
straining orders or in1unetions strongly
urged action. Their argument, simmeTod
down, amounted TO nothing more or less
/ than the contention that some people
! demanded IT, and that is should be done
/ on the ground Of political expediency.
/ The Payne bill, which Is expected 10
prove the ultimate compromise on this
question, merely accords q statutory
! recognition OF the present practices OF
+ the Federal courts.
The Hepburn bill differs from It IN a
number Of particulars. 1t provides that
no injunction OF restraining order shall
/ be granted in any case without reason
able previous notice 20 the adverse
parties or such Of them as may be found
within the Jurisdiction OF the court. and
/ after hearing, which hearing may be ex
| parte. If the adverse party does not
appear at the time and place mentioned
/ in the notice Of the court.
As TO other Cases.
Il provides further that II It shall
! clearly appear TO the satisfaction of the
court that irreparable injury is imminent
IN case notice be given. or In case OF
/ delay until notice can be given. and that
the application for an injunction has not
! been Unduly delayed. a judge may grant
a restraining order. which order shall
state the time for dispensing with. no
/ tice, and shall fix a time not exceeding
FIVE days thereafter.
There is also a provision In the Hepburn
bill that no injunction or restraining or
/ der shall take effect until the party apply
1 Ing for it shall give bond in such penalty
/ IS may be prescribed in the order, and
! conditioned 70 pay all such costs as may
/ be awarded against the person obtaining
/ the order or Injunction, and also such
/ damages as shall be incurred or sustained
/ by the person enjolned or restrained In
| case such orde or injunction be dissolved
/ or such order expire without a prelim-
/ mary injunction being granted
If the party conference decides tonight
/ that a bill should be passed. a measure
| viii be reported by the Committee on the
/ judiciary. That committee adjourned yes
/ terday subject to the call OF its chairman.
! Representative Jenkins, OF Wisconsin.
who is opposed 10 anti-injunction legisla-
/ tion The adjournment was forced by
| those who are fighting aati-iajunetion.