The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-07-31

s~SASA $500 VAN Il - S N40I
putes, as for instance in corporate and
stock controversies like those over
the Erie railroad, in which a stay
order without notice was regarded al
. step Of great advantage to one who
secured It and q corresponding dis
advantage to the one against whom
It was secured. Indeed. the chances
OF doing injustice on an exparte ap-
plication are much Increased over
these when q hearing Is granted, and
there may be circumstances under
which It may affect the defendant to
his detriment. In the case Of d lawful
strike the sending Of q formidable doc
ument restraining q number Of defend
ANTS from doing great many different
things which the plaintiffs aver they
are threatening to do, often 90 dis.
couragee men always reluctant to 60
into q strike, from continuing what is
their lawful rights. This has made the
laboring man feel that an injustice 10
done in the issuing Of writ without
notice. j conceive that In the treat
ment Of this question It is the duty Of
the citizen and the Legislature to view
the subject from the standpoint Of the
man who believes himself to be un-
Justly treated. as well az from that Of
the community at large. / have sug-
gested the remedy Of returning in
such 8 to the original practice
under the old statute Of the United
States and the rules In equity adopted
by the supreme court, which did not
permit the issuing Of an injunction
without notice.
In this respect the republican CON
vention has adopted another remedy,
that without going 80 far, promises to
be eficaclous in securing proper con-
sideration In such cases by courts. by
formulating into a legislative act the
best present practices.
Under this recommendation a stat
ute may be framed which shall define
with considerable particularly and
emphasis the character In which the
restraining order may issue without
notice and which shall also provide
that when they are issued, they shall
cease to be operative beyond q short
period, during which time notice shall
be served and a hearing had. unless
the defendant desires q postponement
Of the hearing. BY this provision, the
injustice which has sometimes occur
red by which a preliminary order Of
widest application has been issued
without notice and the hearing Of the
motion for the injunction has been
fixed weeks and months after its date,
could not recur.
Small Number Of Cases Furnishing
Grounds for Complaint In
Federal Courts.
The number of instances In which
restraining orders without notice in
industrial disputes have issued by fed
eral courts is small and It is urged
that they do not therefore constitute
an evil to be remedied by statutory
amendment The small number OF
cases complained Of above shows the
careful manner in which most Of the
federal judges have exercised their
Jurisdiction, but the belief that such
cases are numerous has been so wide
spread and has aroused such feeling
i - Hri,,ok}o1 %hok roovo H1R~{%4 rrrn{AL
cation in procedure to prevent ecu
renee of them is justified If 1t can be
effected without injury to the admins
tration Of the law.
No Provision In Democratic Platform
for Notice, Only Recommends
ton Of Trial by Jury.
With respect to notice, the demo-
cratic platform contains no ecom
mendation. It's only Ineligible decla-
ration in regard to Injunction suit is
a reiteration Of the plank in the plat
form Of 1896 and 1904 providing that
in prosecutions for contempt in feder-
al courts where the violations Of the
order constituting the contempt
charge is indirect, that Is, outside OF
the presence of the court, there shall
be a jury trial.
This provision in the platform of
1896 was regarded then as a most
dangerous attack upon the power Of
the courts to enforce their orders and
DEGREES and It was one of the chief
reasons for the defeat Of the demo-
Gratis in that contest, as 1t ought to
have been. The extended operation
Of such a provision to weaken the
power Of the courts In the enforce
ment Of it's lawful orders can hardly
be overstated.
Effect Of Jury Trial.
Under such q provision q recalci-
trant witness who refused to obey q
subpoena may insist on a jury trial
before the court can determine that
he received the subpoenas. A citizen
summoned as a juror and refusing to
obey the writ when brought into court
must be tried by another Jury to de-
termine whether he got the summons.
Such q publication applies not alone to
injunctions. but every order which the
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