Arizona republican., 1908-07-29

DANGEROUS ATTACK ON POWER
 OF COURTS.
 This provision in the platform of 1896 was regarded then as a most dangerous attack upon the power of the courts to enforce their orders and decrees and it was one of the chief reasons for the defeat of the democrats in that contest, as it ought to have been. The extended operation of such a provision to weaken the power of the court in the enforcement of it's lawful orders can hardly be overestimated
 EFFECT OF JURY TRIAL. Under such a provision a recall citrant witness who refused to obey Ia subpoena may insist on a jury trial before the court can determine that he received the subpoenae. A citizen summoned as juror and refusing to obey the writ when brought into court must be tried by another jury to determine whether he got the summons Such a pro- vision applies not alone to injunc- tions but every order which the court tissues against persons. A suit may
 
 and carried to the court of appeals and thence to the supreme court and a judgment and decree entered and another issued, and if the de- cree involves the defendants doing anything, or not doing anything, and he disobeys it, the plaintiff who has pursued his remedies in lawful course for years, must, to secure his rights, undergo the uncertainties 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 hesitation that such a change will greatly impair the indispensable pow CT and authority of the courts. Se- curing to the public the benefits of the new statutes enacted in the pres ent administration the ultimate in strumentality to be resorted to is the courts of the United States.
 If now this authority is to be weakened in a manner never known in the history of the jurisprudence of England or America. except in the constitution of Oklahoma, how can we expect that such statutes will have efficient enforcement? Those who advocate this intervention of a jury in such cases seem to suppose that this change in some way will inure only to the benefit of the poor Workingman. As a matter of fact. the person who will secure chief advantage from it is the wealthy and interruptions defendant able to en- ploy astute and cunning counsel an xious to avoid justice.
 l have been willing, in order to avoid a popular but unfounded i'm pression that a judge in punishing for contempt of his own order may be affected by personal feeling to approve a law which should enable the contemner upon his application to have another judge sit and hear with so many judges as there are available in the federal courts would not constitute a delay in the enforcement of the process.
 The character and efficiency of the trial would be the same. The na- ture and delay of a jury trial in such cases would be that those who would wish to defy the order of the court would rely upon it as a reason for doing so.
 AVOIDANCE OF ANARCHY.
 The administration of justice lies at the foundation of government The maintenance of the authority of the courts is essential unless we are prepared to embrace anarchy. Never in the history of the country has there been such an insidous at tack uon the judicial system as the proposal to interject a jury trial be- tween all orders of the court made after a full hearing and the enforce ment of such orders.
 THE CURRENCY SYSTEM.
 The late panic disclosed a lack of elasticity in our financial system. This has been provisionally met by an act of the present congress permitting the issue of additional emergency bank notes, and insuring their withdrawal when the emerg- ency has passed by by a high rate of taxation. It is drawn in con- formity with the present system of bank note currency but varies from it in certain respects by authorizing  bonds of good credit, as well as Un- ited States bonds as security for it's redemption. It is expressly but a temporary measure and contains a provision for the appointment of a currency commission to devise a new and reformed system of currency. This inadequacy of our present cur rency system, due to changed con ditions and enormous expansion, is generally recognized. The republi- can platform well states that we must have a more elastic and adap- table system" to meet the require ments of agriculturists. manufac- turers, merchants and business men generally, must be automatic in op- eration, recognizing the fluctuation in interest rates, in which every dol lar shall be as good as gold and which shall prevent rather than aid financial stringency in bringing on Ia panic.
 POSTAL SAVINGS BANKS.
 In addition to this the republican platform recommends the adoption of a postal savings bank system in which, of course, the government would become responsible to the de positors for the payment of principal and interest.
 It is thought that the government guaranty will bring out of hoarding places much money which may be