The Montgomery advertiser., 1908-07-29

of the court. there shall be jury 4s,. zs sa Ss~,y 2, cssr. 1es6 was regarded then as a most dam gerous attack upon the power of tho courts to enforce their orders and de- for the defeat of the Democratic party in that contest as 1t ought to have been. The extended operation of such a provision to weaken the power of the fui orders can hardly be oyerstated.
 Effecto of Jury. Trial
 Under such a provision recaIcitrant poena may insist on jury trial be- fore the court can determine that he received the subpoena, A-citizen sum moned as B 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 provision applies not alone to in- conrt issues % fosTy ruer wnish 1,s sns may be tried In the court of first in- stance and carried to the Court of Ap- peals. and thence to the Supreme Court, an, order Issued, and then if the decree involves the defendant's 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 jury trial before he can enjoy that which Is court @ of the f lar land. ~ say V without s u hssi. si tation that such a change will greatly impair the indispensable power and authority of the courts. In securing to statutes enacted in the present ad- ministration. the ultimate instrumen- tality to be resorted to is the courts of the United States. If now their authority is to be weakened in man ner never known in the history of the Jurisprudence of England or America, except in the constitution of Okla statuies 4 now Viii pa Have efflcent fR % enforce. e ment? Those who advocate this inter vention of a jury in such cases seem to suppose that this change in some the poor working man. As matter of fact. the person who will secure chief advantage from 1t is the wealthy and interruptions defendant. able to anxious to avoid justice.
 have been willing In order to avoid a popular but unfounded impression of his own order. may De affected by personal feeling. to approve law which should enable the contemnor upon his application to have another tempt, but this with so many judges as there are available in the Federal court, would not constitute delay In the enforcement Ol- tnS PEOCcco+ The. character and efficiency of the trial would be the same. It Is the nature and the delay of a jury trial that those who would wish 10 defy the order of the court would rely upon as a reason for doing so.
 Maintenance of Full Power of Courts
 Necessary to Avoid Anarchy.
 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 tof fr- terject a jury trial between all orders of the court made after full hearing and the enforcement of such orders.
 The Currency System. a
 The late panic disclosed lack of elasticity in our hnancsal7 system. This has been provisionaiIy met by an act of the present Congress permitting the issue of additional emergency bank notes, and insuring their withdrawal when the emergency has passed by high rate of taxatton. It is drawn in conformity with the present system of bank note currency but varies from 1t in certain respects by authorizing the use of commercial, paper and bonds of bonds, as security for its redemption. ure and contains a provision for the appointment of a currency commission to devise and recommend new and reformed system of currency. This an- adequacy of our present currency sys- tenn, due to changed conditions and