The Republican. [volume] (Oakland, Md.) 1877-current, 1908-07-30


prudence that no man shall be affected
by a 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 a process should issue only
in rare cases where the threatened
change Of the status quo would infIict
irreparable injury if time were taken
TO give notice and a summary hearing.
The unlawful injury usual in indus
trial disputes. such as | have describ-
ed, does not become formidable exceDt
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 a restraining order might
properly be issued without notice. but,
generally. I think it is otherwise. In
some State courts. and in fewer Fed
eral courts, the practice of issuing a
temporary restraining order without
notice merely to preserve the status GUO
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 Eric railroad. in which a stay or
der without notice was regarded as a
step Of great advantage to the one who
secured it. and a corresponding diSad-
vantage to the one against whom it
was secured. Indeed, the chances of
doing injustice on an cx-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 dctri-
mcnt In the case of a lawful strike
the sending of a formidable document
restraining a 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 20
into strike from continuing what is
their lawful right. This has made the
laboring man feel that an injustice is
, done in the issuing Of n writ without
notioo ao,,,at-.s +,,,. T.. a..
r,o,+ Of .l,i.. o,,a.4;,, :. ~. -
of +ho oi+i.,o,, 80 -. ,.,s,'.-
Wow tho e,I,ioo+ fron, NV n+,"'1,,.'t
of the man who believes himself to be
or tho oo,,,,,,,,,i4,, ~ ,,na., , ','.'
s,,,,,,,r...,., -, -.
e,,cl, oosos - +I,,, ,.ia.;,,,, ,.,,...,.:..
dor +ho or,I r+,+,,+a - 49,. -,
S+o+os o,5 49, ,,,Inz =, 49,,
Inv tbo Snn,,or,o C,o,,,.t ,,ib;1l 1i3 ~
,or,,,i+ r,a i,.,,i,,o, 80 .a.,'...N..
-,.i+,,o,,4 ,,,.;.a - t,.;,
pan',,,Iiaa, ,,,u,.aa.ie. ,-'
opo,lor ra.,.1-. +ta+ -. >'g e..;.,
60 for ,,ra,,,i-.. J.. ',''. 7'--17
err. e h.,
r-,,
,,.t.,-, 80 Ct '''''
-, ,,' '--'7',' vi a JU'I ga, "eloi Tue
49, 'i'''' NJ Gu
IA 'i'u %
-i9,, .N,.t
- NC 'li'u
-, .4 49, IN ~. '!4''
arr,,'. q - - 4,'o"
at-a. ,,.. y,iI..st - '-o', o'' ~
:, 49,. -. ,. 10y NC u ie'
49, go. ',''t o"'-
- a., C,l, - i'''','' '','u ''le'iO'
a,,l = '','' T." ''',', IL e!i'
,, ,,1 - NV ''D VI uei
~ ,.f1,,s'-.. .l-e - ~ ' VI es
,1,,,.l, -. ~ 0'
rTa,,7,ic, .''l,- III ulS1' H. tue
=, 49,, -. MS - '''''
a',na Ii- 49,, 10 D'''7' ~
49,, 49,, '.ll 49, ''liii'
1"'! u '"'
NY. ~ ll''' iii~n - MS
80. .,''- ~, - ,-ie ii'7 i'st
toti.s, .,s4 ,''i.'. o''' "I'.o"' iiesi'
$50 49, ''+
at.!,e.a,... anu
-. ~
,,+o. -, +. ~ wv ga"
tna,.,,, 49,, ',,t,., pt.n' 80 US
s,s'I MS. INV. an! ~
- ~ . ~ 'tie
be weakened in a manner never known
III the history OF the Jurisprudence OF
England or America, except IN the con-