The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-07-31
erty right but such a proposition Is wholly
inconsistent with all the dec,sianS Of tho

erty right but such a proposition is who'll,
courts. The supreme court of the United
States says that the injunction is a rem.
edy 10 protect property or rights of a pc
to the considerate Judgment of all laymer
whether the right of a man in his bust
cuniary nature as the right to his horse
or his house or the stock of goods on his
shelf, and the Instances in which injunc.
lions to protect business have been uphelc
by an courts. are SO many hal 1t is futile
fI H I is a e d,sfu IS the propos.tton; ~,
democratic platform upon this subject. II
says:
Questions Of judicial practice have
dustrial disputes. We deem that the
parties to al judicial proceedings should
injunctions should not be issued in ann
cases in which injunctions would not issue
If no industrial dispute. We're involved"
to have been loosely drawn with the pur-
pose Of rendering it susceptible to one
a diametrically opposite Interpretation bv
another. 1t does not aver that injunctions
should not issue in industrial disputes, but
only that they should not issue because
they are industrial disputes. and yet those
responsible for the declaration must have
known that no one ever maintained that
the fact that a dispute was Industrial gave
any basis for issuing an injunction in
reference thereto. The declaration seems
ambiguous shape to persuade some people
that 1t is a declaration against the issue
of injunettons in any industrial dispute,
While at the same time 1t may be possible
to explain to the average plain citizen
who objects to class distinctions that no
Clear and uneauixocal. We Wur a pes. an8ion rs
to prevent even an appearance of in
Justice in tho to labor nio y in issuing intunctions,
OF our fellow citizens, but in the interest
Of justice to all. The reason for exer-
cising or refusing to exercise the power
acter of the unlawful injury and not in
the character or class of the persons who
The man who has a bushes which is
PEI . m mnlaWfu naS; injured is entitled to
given him, no matter who has inflicted
the Injuries. Otherwise we shall have
class legislation unjust in principle and
government. ~
Issue of Injunction.
L come now to the question of notice
before issuing an Injunction. 1t is a
that no man shall be affected by a judi
cial proceeding without notice and hear
had an exception in the issuing of tenn
porary restraining orders commanding a
defendant in effect to maintain the status
should issue only in rare cases where the
threatened change of the status quo would
l Mere taken ir5e 1o r'Hs not5 inia ana . l if dims
hearing. The unlawful injury usual in
industrial disputes; such as l have de-
c.ept after sufficient time in which to give
the defendants notice and a hearing. L
DO DO a not mean svsn to say s. that there may not
a restraining order might properly be
issued without notice, but generally L
courts, and in fever tas' federal courts c1al S' the
practice of issuing a temporary restrain
ing order without notice merely to pre-
1T won't hurt anybody has been too com
mon, Many of US recall that the practice
has mas been pursued in other than indus
porate and stock controversies like those
over the Erie railroad, In which a stay
step Of great advantage to the one who
secured it and a corresponding disad-
vantage to the one against whom it was
much increased over these when a hear
sns Is gra ander AND Mhic there r may may be sff eirep tpe
defendant to his detriment. In the case
Of a lawful strike the sending of a for
Of defendants from doing a 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 labor
ing man feel that an injustice is done
in the issuing of a writ without notice.
1 conceive that in the treatment of this
question 1t is the duty of the citizen and
standpoint of the man who believed him
self to be unjustly treated. as well as
have suggested the remedy of returning
in such cases to the original practice I'M
der the old statute of the United States
supreme court. which did not permit the
issuing of an injunction without notice.
In this respect the republican convention
out going so far. promises to be effica-
cious In securing proper consideration in
such cases by courts. by formulating into
tice. pA
may be framed which shall define with
considerable particularly and emphasis
the exceptional character of the cases in
which restraining orders may issue with
that when they are issued they shall
cease to be operative beyond a short
period, during which time notice shall be
fandant desires a postponement of the
hearing. BY THE provision the injustice
a preliminary restraining order Of widest
application has been issued without no.
tice and the hearing OF the motion for
months after its date could not recur.
The number Of instances in which re-
straining orders without notice in in.
courts is small, and 1t is urged that they
do not therefore constitute an error to
be remedied by statutory amendment.
The small number of cases complained
Of above shows the careful manner in
which most federal judges have exercised
the Jurisdiction, but the belief that such
cases are numerous has been so wide
epread and has aroused such feeling OF
injustice that more definite specification
in procedure 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 democratic
platform contains no recommendation. Its
only ineligible declaration in regard to
Injunction suits Is a reiteration of the
providing that in prosecutions for con-
tempt in federal courts, where the viola
ton OF the order constituting the contempt
charged is indirect, 4. e.. outside of the
presence OF the court. there shall be a
Jury trial.
This provision in the platform of 1896
s was re card r III then aaa as a most Dangerous
enforce their orders and DEGREES. and IT
as 1t ought to nave been. The extended
4~nrotto~ - 500 - -,-.p.a-