The Detroit times., 1908-07-29

49,
fellow citizens. The reason for exsrcsec
Ing or refusing To exercise the Yox
of Injunction must be iouno ~ 49,
not In the character or class OF the pes-
sons who iniict this injury.
The man who has business xnsc@
the remedies which the law has eIy8ys
given him. no matter who lhne tnu.otsc
the injuries. Otherwise. we shall d. "
likely to>sap the foundations Of free
government
Notice Before IsJsseties.
I come now. continues Mr.. Taft. 20 \
the question OF notice before Issuing At
Injunction. IL IL a fundamental rule oI
general Jurisprudence that no man
shall be affected by judicial proceed
ing without notice and hearing, I'M
rule. however. has sometimes had an
exception In the issuing OF temporary
restraining orders commanding ne-~
PENDANT in effect TO MAINTAIN statua
quo until a hearing. sucn a prone srs
the threatened change OF the status que
would inhict irreparable injury II TINS
were taken TO give notice ana
mary hearing. In some state courts.
and In fewer federal courts, the prnc-
tce OF issuing a temporary RESTRAINING
order without notice merely 10 prSssH
the status quo on the theory thar
won't hurt anybody, has been too CONF
mon. Indeed the chances OF doinB III
Justice on an eN.parthe app, har : hear
ing Is granted. and there may De CIR
cumstances under which Is may anrcs
the defendant to his detriment- IN tns
case OF a lawful strike. the senoins OF
a formidable document restraining num- +.
Der of defendants from doing kIsvyy 4
many different things which the piaintln
AYERS they are threatening TO DO, oittn
so discourages men always reluctant 70
| go Into a strike from continuing WIS
| is their lawful right. This has mace tns
| iaboring man feel that an injustice ~
T! done In the issuing of writ wtnou.
notice. l. have suggested the remedy .,
| returning in such cases TO the orisina'
| practice under the old statute or the
| United States and the rules In equity
adopted by the supreme court, which
| aid not permit the issuing OF an inJunc
| the Republican convention has adopted
another remedy. that. without going >"
| far. promises to be efflcacious In secur-
ing proper consideration In sucn cases
by courts. by formulating into a iegts-
| lative act the best present practice
| Under this recommendation, statute
may be framed which shall aehne MI ha
| con sid cradle particularly. and empna-
| size the exceptional character OF the
| cases In which restraining orders may
issue without notice, and when sna,'
/ also provide that when they are issued:
| they shall cease to be operative beyond
a short period. during which Tine NOTICE
shall be served and a hearing mad IN
| less the defendant desires postpone
| ment OF the hearing. BY this provision
! the Injustice which has sometimes &C.
CURED by which a preliminary restrain
| ing order OF widest application mas
| been issued without notice. and me
| hearing of the motion for the inounc-
| ton has been fixed weeks and months
| after its date could not recur.
| Mr. Taft then calls attention to ire
/ fact that the number OF cases wherein
| restraining orders without notice III IN
dustrial disputes have issued py eres,,
| manner in which most federal Judges
have exercised the jurisdiction. lie
points out that there Is no prov ,,cs nd al
| declares it's only Ineligible declara-
ton regarding Injunction suits Is TOT
Jury trial where the VOCATION OF ane
| restraining order constituting con-
tempt charged Is indirect. He dubs the
provisions Of thepiatform OF 1875, cover.
ing this point. dangerous attack ppom
the power OF the courts; declares II was
one or the chief reasons for the Demo-
cratic marty defeat in that contest. and
adds that II ought TO have been. XXI
The Currency system.
As to the currency system Mr. iai'
The Republican platform well states
that we must have a more elastic anu
adaptable system to meet the reau.rs
mcnts OF agrtculturists, manufacturers.
merchants and business men generaIiy'
must be automatic In operation recos.
nizing the fluctuations In im'ssss.
good as gold and which shall prevent
rather than aid financial stringency In
bringing on a panic. x,,
I'm addition to this. the Republican
platrorm recommends the adoption or
postal savings bank system In whien.
or CO rise. the government would pc
| come esponsible to the depositors Tor
the payment of principal and interest.
II is thought that the government
guaranty will bring out of boarding
turned into wealth producing capital
Mr. Taft then cites objections 20 the
/ Democratic proposal to enforce insur-
ance of bank deposits.
Postal savings Banks.
The Democratic party only recon-
mends the tried system of postal saw
ings banks as an alternative IL the new
| experimental panacea Is not available:
The Republican party prefers the postAi
| savings bank ms one tried, sa1es anu
known to be effective, and as reaching
many more people now without bank
Ing facilities than the new system pro-
posed. .
A plan for n guaranty OF deposits by
the voluntary act OF the banks involved.
has been favorably reported 70 tue
house OF representatives. This, OF
course. Is entirely different from the
scheme in the Democratic platform
emitting, as II does, the features OF
compulsory participation and govern.
mental guaranty. This proposition Will
Internationally receive the thoughtfu,
consideration OF the national monetary
commission.
Mr.. Taft then refers to the success OF
the Roosevelt policies with regard TO
dependencies OF the United states,
charging that the proposition in the
Democratic platform Immediately 10
turn over the islands TO self-govern-
ment would bring chaos.
Taft answers the Democratic charge
OF the cost OF the Philippines being a
heavy burden by declaring that the war
expenditure was less than $l7b,oooVov
and the maintenance or army scouts put
Sc. 900. 600 annually.
| He repeats the administration poll
cies as to the Negro. the navy and con-
servation OF national resources.
Campaign Contributions. /.
Touching the publicity OF campaign
| contributions, Mr.. Taft says:
/ IfIam elected president. 7 shall urge
upon congress. with every hope OF sue
cess that law be passed requiring a
| filing in a federal Office OF a statement
of the contributions received by com
| mittees and candidates in elections for
members OF congress. and In SUCH other
elections as are constitutionally within
! the control OF congress. Meantime the
Republican party by the selection OF a
/ New York treasurer has subjected all
its receipts and expenditures 10 the
compulsory obligation OF such law.
with respect to the election of sena-
tors by the people personally ! am In
| cllned to favor H. but IL IL hardly
party question. resolution In its
favor has passed a Republican house OF
\ representatives several times.
The Democratic party. says Tart.
| charges that n deficit OF sixty millions
! OF dollars between the receipts and ex-
penditures during the fiscal year ending
June 80. 1908. occurred. As explained
| nv the secretary OF the treasury, at
least half OF this deficit is only an APP
parent one. The falling of In receipts
was of course. occasioned by the un-
usual panic, but there Is ample free
money in the treasury to meet the dr.
f..a,,o ap1 the difference itself ia not