Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-08-02

and hearing. This rule, however, has
sometimes had an exception In the Is
suing Of temporary restraining orders
commanding a defendant In effect to
maintain the status quo until a hear
Ing Such n process should issue only
in rare cases where the threatened
change OF the status quo would lnfllct
irreparabe. injury II time were taken
to give notice and summary hearing.
The unlawful injury usual in indus
trial disputes. such as | have descrlb-
ell. does not become formidable except
after sufficient time In which to give
the defendants notice and n hearing.
I do not mean to say that there may
not be cases even In Industrial dis.
putes where restraining order might
properly be issued without notice. but
some State courts, and In fewer Fed
eral courts, the practice Of issuing n
temporary restraining order without
notice merely TO preserve the status quo
on the theory that II won't hurt any
body. has been too common. Many OF
us recall that the practice has been
pursued In other than Industrial dis
putes, as. for instance, In corporate
and stock controversies like those over
the Erie railroad, In which stay or
der without notice was regarded as a
step of great advantage to the one who
secured 1t, and corresponding dlsad-
vantage to the one against whom II
was secured. Indeed, the chances Of
doing injustice on an ex-parte applica-
ton are much increased over those
when n hearing Is granted. and there
may be circumstances under which II
may affect the defendant to his detri-
ment In the case of n lawful strike,
the sending of a formidable document
restraining number Of defendants
from doing n great many different
things which the plaintiff AYERS they
are threatening TO do. often so dis
courages men always reluctant to go
into a strike from continuing what Is
their lawful right This has made the
laboring man feel that an injustice Is
done IN the issuing Of writ without
notice conceive that In the treat
ment OF this question 1t is the duty
OF the citizen and the legislator to
view the subject from the standpoint
OF the man who believes himself to be
unjustly treated, as well as from that
OF the community at large. have
suggested the remedy OF returning In
such cases TO the original practice I'M
der 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 Convention has adopted
another remedy. that. without going
so far. promises to be efficaclous.
Effect Of jury Trial.
| Under such provision a recalcitrant
witness who refuses to obey subpoe'
ma may insist on jury trial before the
court can determine that be received
/ the subpoena. \ citizen summoned as
juror and refusing to obey the writ
when brought into court must be tried
/ by another jury 10 determine whether
/ he got the summons. Such q provision
applies not alone 70 iniuuctL1-s. rrt o.
every order which the c11-- issues
against persons. \ sC- may De T'ed
10 the court OF first l-s-ICrs and eI--
ried 10 the Court o. Appeals. mi -lsnc"
/ TO the Supreme Court ana Judgment
and decree entered I1d ll H-.r~ b.
sued. and then -la .r"r
the defeuIr--s .I- gI-.r- --
G0lge ar.t. rrE lp lsU"r la
plaiuug ssh las ur-urI Is ~u=-es
In lawful -.--se r -g-E uus- pa
cure his rights undergo .lr llgaE'lii
ties AMI the -a.I-s If q G-v --"a. ie-
fore d. can enjoy -ll- which hts
r.-l- lT --a decision II Ie highest
court ~ the and FI- vtlm- lesi-
tlt11 that s-Eh change VII E-~si--
.--II- The .-tsreruEIe Iuv'r llu
a--l1r.-y ~ -1e -ru--s Securing I'D
-.a r-r.. --a -e-af-s pr -Ig 1ev srl--
--es enacted % he -ras.ur Admins
--4rtgr r.- 4. ..I-s -s-"lIeu-l. Pr -1
-e -aal---.t - s .Ir courts M rho -r.-
- S-l-as r. -1v -lr.r l.-l1ri-T Is 20
-e v-a.lsl-t. .l Z manner never known
ID .-a history ~ the lIr'srr--e--e %
rrzllI ~ America. except .l the con
sr.ur5l % Oklahoma. how clu We eT-
1eet that such statutes ~.. have Ell
ciegt enforcement Those who aIro-
cate this intervention o. q jury 10 such
cases seem 20 suppose that this change
IN some way viii inure only 10 the ben
eft Of the poor worknsman. As a
matter of fact, the person who will Sc
cure chief advantage from it Is the
| wealthy and INSCRIPTIONS defendant,
able to employ astute and cunning
| counsel and anxious to avoid justice.
The administration OK 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
the history of the country has there
been such an lnsldlous attack upon the
judicial system as the proposal TO inter.
iect q Jury trial between all orders OF
the court made after full hearing and
the enforcement Of such orders.
The Currency System.
The late panic disclosed a lack OF
elasticity In our financial system. This
has been Professionally met by an act
Of the present Congress permitting the
issue Of additional emergency bank
) notes, and lnsuring their withdrawal