Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1908-08-05
ROOSEVELT
POLICIES
LANDED
Continued from Page Three.)

tContiuued from Page Tbroe.)
tina, .Ir n.t that di.putcc was IN.
du~,rl gave any basis for issuing an
Injunction 10 reference thereto. The
declaration seems tD be- drawn IN -
present vague and ambiguous shape 70
persuade some people thar ~ IS 10
tArtf.tn against the issue ut injunction
in ans industrial dispute, wdiic az the
SAM, flme o. may hy possible 70 eX-
ulalr 'l the average plain citizen who
uhisrf- o.. class distinction that np such
intention exists our position Is clear
and unelui ocal We are anxious 20
prevent even an appearance ot inlus.
tie, 90 labor in issuing iniunctions. not
no She spirit n tayoritlSm 20 any set
Of our fellow citizens, but in the in
tcrcs' ~ Justice 90 all The exercising
or refusing 'o exercise the power VI
Injunction must be- found IN the char.
actcr - the unlawful injury and not in
the character pr class Of persons who
inhict the injury.
The man who has a business which
* uulawfullv injured H. entitled 10 the
remedies which the law has given no
matter who has indicted the injustice.
Otherwise we shall have class legisla.
tion unjust IN principle and likely 10
sap the foundations Of free govern.
mcnt
Notice and Hearing Issue Of
Injunctions.
come now 20 the question Of notice
before issuing m injunction. II is a
fundamental rule Of general iurispru.
dcnce that mo- man shall be affected by
judicial proceeding without notice
and hearing This rule. however. has
sometimes had no expression in the H..
suing Of temporary restraining orders
commanding a defendant in effect TO
maintain the status quo until a hearing.
Such a process should issue only in
rare eases where the threatened change
Of the status quo would inhict irrepar
able injury II time were taken 10 give
notice and a summary hearing
The unlawful injuries usual in indus.
trial disputes such ~ have described
does not become formidable except
after sufficient time 10 give tne defend.
ants notice and hearing. | do not
mean TO say that there may not be
eases even in industrial disputes where
restraining order might properly be
issued without notice, but generally !
think il is otherwise. In some state
courts and in fewer federal courts, the
practice Of issuing temporary re-
straining order without notice merely
10 preserve the status quo ON the theory
that it wont hurt anybody. has been
too common. Many of rs recall that
toe practice has been pursued in other
than industrial disputes, as for instance,
IN corporate and stock controversies
like those over the Erie railroad in
which a stay order without notice was
regarded as a step Of great advantage
10 the one who secured il and cor.
responding disadvantage 10 the one
against whom it was secured. Indeed,
the chances Of doing injustice in an ex
parte application are much increased
over those where hearing Is granted,
and there may bc circumstances under
which il may affect tne defendant 10
his detriment. In the ease of a lawful
strike, the sending of a formidable
document restraining a number of de
PENDANTS from doing a great many diff
ferent things which the plaintiffs aver
they are threatening to do, often so
discouragcs men always reluctant 10 go
into n strike, from continuing what is
their lawful rights. This made the
labOrng man feel that an Injustice is
done in the issuing Of writ without
notice. ! conceive that in the treat
ment of this question il is the duty Of
the citizen and the Legislature to view
the subjects from the standpoint Of
the man who believes himself 10 be un-
justly treated as well rs from that Of
the community 1T large. II have sug-
gested the remedy of returning in such
eases To the original practice under the
old statute Of the United States and
the rules in equity adopted by the su-
preme 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 so far promises to
be eiiicaciouS in securing proper con
sideratiOn in such cases by courts, by
formulating in 10 n legislative the best
possible practice.
Under this recommendation n statute
may be framed which shall define with
considerable particularly and empha-
size the exceptional character Of the
eases from which the restraining orders
may issue without notice and which
shall also provide that when they are
Issued, they shall cease 10 be- operative
beyond a short period during which
time notice shall he served and hear.
ing had, unless the defendant desires
n postponement of the hearing. BY
this provision the injustice which has
sometimes occurred by which n prelim.
mary order or widest application has
been issued without notice and the
hearing of the motion for the injunc-
tion has been fixed weeks and months
after its dates, could not occur.
The number Of instances in which re-
straining orders without notice in in.
dustrial disputes have ISSUED by feder-
al courts is small aud it is urged that
-, I. 4. "A.