The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-29


juries. Otherwise we shall have class
legislation unjust in principle and likely to
sap the foundations of a free govern
ment.
Notice and Hearing Before Issue Of
Injunctions.
come now to the question of notice
before issuing an Injunction. 1t is fun
damental rule of general jurisprudence
that no man shall be affected by ju-
dicfal proceeding without notice and hear
ing: rms rule, however. has some times
mad an exception in the issuing of tenn
porary restraining orders commanding a
defendant in effect to maintain the status
quo until hearing. Such n process should
issue Only in rare cases where the threat
eneu change OF the status quo would IN
1iict irreparable injury II time were Ia
Ken to give notice and a summary hear
ing. The unlawful injuries usual In In
dustrial disputes such as 1 have de-
scribed. does not become Formidable ex-
cept after sufficient time to give tine de-
PENDANTS notice and hearing. I do not
mean to say that there may not be cases
even In industrial disputes where re-
strainins order might properly be issued
without notice. hut generally l think II
is otherwise. IL some state courts and
In fewer federal courts the practice OF IS
SUNG temporary restraining order with
out 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 disputes. as for
instance, IN corporate and stock contro-
versles Ike those over the Erie railroad,
In Whicn stay order without notice was
regarded as step of great advantage TO
the one who secured IL and a correspond
ing disadvantage TO the one against
whom it was secured Indeed the chances
or doing injustice on an ex parte applica-
uon are much increased over those when
a nearing is granted. and there may be
circumstances under which it may affect
the defendant to his detriment. In the
case OF a lawful strike the sending of
formidable document restraining a num-
Der OF defendants from doing a great
many different things which the plaintiffs
aver they are threatening to do. often
so encourages men always reluctant to
go into strike, from continuing what
is their lawful rights. This has made
the labOring man feel that an injustice
is done in the issuing of a writ without
notice. l conceive that in the treatment
of this question IL is the duty OF the
citizen and the legislature TO view the
subject from the standpoint of the man
who believes himself TO be unjustly treat
ed as well as from that of the community
at large. / have suggested the remedy of
returning In such cases to the original
practice under the old statute of the
United States and the rules in equity
adopted by the supreme court which dld
not permit the issuing of an Injunction
without notice.
In this respect the Republican conven-
ton has adopted another remedy, that
without going so far. promises 10 be eff
ficacious in securing proper consideration
in such cases by courts; by formulating
into a legislative act the best present
practice.
Under this recommendation a statute
may be framed which shall define with
considerable particularly and emphasize
the exceptional character of the cases in
which the restraining orders may issue
without notice and which shall also pro-
vide. that when they are issued they shall
ces sc TO be operative beyond short per-
iod during which time notice shall be
served and 4 hearing had, unless the de-
PENDANT desires a postponement of the
hearing. BY this provision the injustice
which has sometimes occurred by which
preliminary 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 Tot recur-