The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-28

in securing proper consideration i'm
such cases by courts. by formulating
into legislative act the best present
practice.
Under this recommendation. stat
ute may be framed which shall define
with considerable particularly, and
emphasize the exceptional character
of the cases in which restraining orr
ders may issue without notice, and
which shall also provide that when
they are issued, they shall cease to be
operative beyond a short period, dur
ing which time notice shall be served
and hearing had unless the defend
ant desires a postponement of the
hearing. BY this provision the injus-
tice which has sometimes occurred by
which a preliminary restraining 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.
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 federal
judges have exercised the jurisdiction.
but the belief that such cases are
numerous has been so widespread and
has aroused such feeling of injustice
that more definite specification in pro-
cedure to prevent recurrence of them
is justified If it can be effected without
injury to the administration of the
law.
No Provision as to Notice.
With respect to notice, the Demo-
cratic platform contains no recon-
mendation. Its only Ineligible declar-
alton in regard to injunction suits is
a reiteration of the plank in the plat
form of 1896 and 1904 providing that
in prosecutions for contempt in federal
courts, where the violation of the or
der constituting the contempt charged
is indirect, l. e., outside of the pres
ence Of the court. there shall be a
jury trial.
Dangerous Attack on Power of Courts
This provision in the platform of
1896 was regarded then as most
dangerous attack upon the power Of
the courts to enforce their orders and
decree, and it was one of the chief
reasons for the defeat of the Demo-
cratic party 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 its lawful orders can hardly
be overstated.
Effect OF Jury Trial.
Under such a provision a recalci-
trant witness who refuses to obey a
subpoena may insist on jury trial
before the court can determine. that
he received the subpoena. A citizen
summoned as a juror and refusing to
obey the writ when brought into court
must be tried by another jury to de-
re in whether he got the &.
Such a provision applies not alone
to injunctions, but to every order
which the court issues against per-
sons. A suit may be tried in the court
Of first instance and carried to the
court of appeals, and thence to the SUI
preme court, and a judgment and de-
cree entered and an order issued. and
then il the degree involves the de-
PENDANTS doing anything or not doing
anything, and he disobeys 1T, the
plaintiff who has pursued his reme-
dies in lawful course for years must,
to secure his rights, undergo the un-
certainties and the delays of a jury
trial before he can enjoy that which is
his right by the decision of the highest
court of the land. I say without hesi-
impair the Indispensable power and
authority of the courts. Securing to
the public the benefits of the new
statutes enacted in the present ad-
ministration, the ultimate intrumen-
tality to be resorted to is the courts of
thority is to be weakened in a man.
ner never known in the his
tory of the jurisprudence of
England or America, except in
the constitution of Oklahoma,
how can we expect that such statutes
who advocate this Intervention
of a jury in sucn cases seem
to suppose that this change in
some way will inure only to
the benefit of the poor working man.
AS a matter of fact, the person who
the wealthy and INSCRIPTIONS defend
ant, able to employ astute and cum
ming counsel and anxious to avoid JUS
tice.
1 have been willing, in order to
avoid a popular but unfounded inn
preston that a Judge, in furnishing for
contempt of his own order, may be af-
fected by personal feeling, to approve
law which should enable the con-
temnor upon his application to have
another judge sit to hear the charge
of contempt, but this, with so many
Judges as there are available in the
federal court, would not constitute a
delay in the enforcement Of the pro-
cess. The character and efficiency of
the trial would be the same. 1t is the
nature and the delay of jury trial
in such cases that those who would
with to defy the order of the court
would rely upon as a reason for do
ing so.
Maintenance of Full Power of Courts.
The administration of justice lies at
the foundation of government. The
maintenance of the authority of the
courts is essential unless we are pre-
pared to embrace anarchy. Never in
=. - ~.
Been such an insidious attack upon
the judicial system as the proposal to
interject jury trial between all or
ders of the court made after full hear
ing and the enforcement of such or
ders.
The Currency System
The late panic disclosed lack of
ola sffcitv in our financial system. This