Arizona republican., 1908-07-29

jury.
 The man who has a business which is unlawfully injured is entitled to the remedies which the law has given nc matter who has inflicted the injustice Otherwise we shall have class legisla- tion unjust in principle and likely tt sap the foundations of a free govern ment.
 NOTICE AND HEARING BEFORE
 ISSUE OF lNJUNCTIONS.
 come now 10 the question of notice before issunig an injunction It is a fundamental rule of general jurispru- dence that no man shall De affected by a judicial proceeding with"ut mo- tice and hearing. This rue, however has sometimes had an expression in the issuing of temporary restraining orders commanding a defendant in ef- feet tO maintain the status quo un- til a hearing. Such a process should issue only in rare cases where the threatened change of the status qua
 would inflict irreparable injury if Jikne were taken to give notice and sum mary hearing
 The unlawful injuries usual in in- dustrial disputes sucE as I have des- cribed do not become formidable eX- cept after sufficient time tn give the defendants notice and nearing. I do not mean to say that there may not be cases even in industrial disputes where a restraining orCer n. .'ght prcp"rl, be issued without notice, but generally think it is otherwise. In some state courts and in fewer federal courts, the praciCe of issuing a temporary res training order witi.ou- notice merely tl reserve the status uTO on the theory that it won't hurt anybody. has been to) common. Many of us recall that the practice has been pursued in other than industrial disputes, ds for in- stance, in corporate and stock contro- versies like those over tie Erie rail road in which a stay order without notice was regarded as a step of great adv antage to the one who secured Il and corcespopding disadvantage tC the one against whom 1t was secured Indeed, the chances of doing injustice in an eX parte application are much increased over those where a hearing is granted. and there may be circum- stances under which it may affect the defendant to his detriment. In the case of a lawful strike, the sending of formidable document restraining a number of defendants from doing a great many different things which the plaintiffs aver they are threatening to do. often 50 discOurages men always reluctant to go into a strike, from con tinuinE what is their lawful rights This makes the laboring man feel that an injustice is done in the issuing of l writ without notice. l conceive that in the treatment of this question it is the duty of the citizen and the legis- lature to view the subjects from the standpoint of the man who believes himself 60 be uniustly treated as well as from that of the community al large. I have suggested the remedy of returning in such cases to the origi- nal practice under the old statute of the United States and the rules in equity adopted by the supreme 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 tC be efficacious in securing proper con- sideration in such cases by courts. by formulating into a legislative act the best possible practice.
 Under this recommendation statute may be framed which shall define with considerable particularly and empha- size the exceptional character of the cases in which the restraining or 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 during which time notice shaI be served and hearing had unless the defendant desires ( postpOnement of the hearing. By this provision the injustice whicf has sometime occurred by which a preliminary order of widest application has been issued without notice and the hearing of the motion for the in- junction has been fixed weeks and | months after it's date. could not recur
 POWER SELDOM ABUSED The number of instances in which restraining orders without notice ir | industrial disputes have issued by fed 1 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 of the 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- l ceedure to prevent recurrence of them is justified if it can be effected with out injury to the administration of the law
 With respect to notice, the demo- cratic platform contains no recom- mendatiOn.
 Its only intelligible declaration 1T regard to the injunction is a reitera- tion of the plank in the plat forms of 1896 and 1904, pro- viding that in prosecutions fol contempt in feedral courts where