The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-07-29

many that It Is futile further to discuss
the proposition
It Is difficult to tell the meaning Of
the Democratic platform upon this sub.
ject. It says:
Questions Of judicial practice have
arisen espec iaIly In connection with In.
dustrfal disputes. We deem that the
parties to all judicial proceedings
should be treated with rigid impartial.
ity. and that injunctions should not be
issued in any cases in which injunc.
lions would not issue If no industrial
dispute were involved =
This declaration is disingenuous. Il
seems to have been loosely drawn with
the especial purpose of rendering ii
susceptible to one Interpretation by one
set Of men and to Numerically oppo.
site Interpretation by another. 1t does
not aver that ainjunctions should not
issue in Industrial disputes, but only
that they should not issue merely be-
cause they are Industrial disputes, and
yet those responsible for the declara-
don must have known that no one has
ever maintained that the fact that q
dispute was industrial gave any basis
for issuing an injunction in reference
thereto.
The declaration seems to be drawn in
Its present vague and ambiguous shape
IN order to persuade some people that 1t
IS declaration against the issuing of
1n1unctions in any Industrial dispute,
while at the same time it may be pos
s1ble to explain to the average plain
citizen who objects to class distinctions
that no such intention exists at all.
Our position is clear and unequivocal.
We are anxious to prevent even an aD-
pearance Of any injustice to labor in
the issuance Of injunctions, not in
spirit Of favoritism to one set Of our
fellow citizens, but Of justice to all of
our fellow citizens. The reason for ex-
erc1s1ng or refusing to exercise the
power Of injunction must be found in
the character Of the unlawful injury
and not In the character or class Of the
persons who inflict this injury.
The man who has q business which
Is being unlawfully injured is entitled
to the remedies which the law has al
ways given him, no matter who has in
flicted the injuries. Otherwise, we
shall have class legislation unjust in
principle and likely to sap the founda-
lions Of free government .
Notice and Hearing Before Issue Of
Injunction. g. :
come now to the question of no
tice before issuing an Injunction. It is
fundamental rule Of general juris-
prudence that no man shall be affected
by Judicial proceeding without notice
and hearing. This rule, however, has
sometimes had an exception in the is
suing Of temporary restraining orders
commanding a defendant in effect to
maintain the status quo until a hear
ing. Such process should issue only
In rare eases where the threatened
change Of the statWss quo would infiict
drreparable injury If time were taken
to give notice and a summary hearing.
The unlawful injury usual in indus
trial disputes, such as I have describ-
ed, does not become formidable except
after sufficient time in which to give
the defendants notice and hearing.
do. not mean to say that; there may
not be cases even in Industrial dis
putes where restraining order might
properly be issued without notice, but,
generally, think it is otherwise In
some State courts, and in fewer Fed
eral courts, the practice Of issuing
temporary restraining order without
notice merely to preserve the status quo
on the theory that it won't hurt any
body, has been too common. Many of
US recall that the practice has been
pursued in other than Industrial dis
putes, as, for instance, in corporate
and stock controversies like those over
the Erie railroad, in which a: stay Or
der without notice was regarded as a
step Of great advantage to the one who
secured it, and corresponding disad-
vantage to the one against whom it
was secured. Indeed, the chances of
doing injustice on an ex-parte applica-
ton are much increased over those
when a hearing is granted, and there
may be circumstances under, which it
may affect the defendant to his detri-
ment. In the case Of a lawful strike,
the sending Of formidable document
restraining number Of defendants
from doing great many different /
things which the plaintiff AYERS they
are threatening to do, often so dis !.
courages men always reluctant to go
into a strike from continuing what is
their lawful right. This has made the
laboring man feel that an injustice is
done in the issuing Of writ without |
notice: I conceive that in the treat
ment Of this question it is the duty
Of the citizen and the legislator to |
view the subject from the standpoint |
Of the man who believes himself to be
unjustly treated, as well as from that
OF the community at large. I have /
suggested the remedy Of returning in 1
such cases to the original practice I'M
der 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 Convention has adopted
another remedy, that, without going
30 far, promises to be efficacious.
Effect of Jury Trial.
Under such a provision arecalcitrant
witness who refuses to obey a. subpoe.
ma NAV insist on iurv trial hoforo tbo