The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1908-07-27
INJUNCTION RULE f
PROTECTS LABOR
Regulations Of Supreme Court
of the United States.
New Law Unnccessary-Mr. Taft In.
formed of Overlooked Dictum
and VIII Make Use of IL.
THE NEW LAW rs UNNECESSARY.

/
Washington. ID. c.. july 27.-Just
before Mr.. Taft left Virginia Hot
Springs for oyster Bay his attention
was called to a rule of the supreme
leOuit In regard 10 the issuance of IN
functions which seems to have been
entirely lost sight of in the discussion
Of the platform plank demanded by
the labor leaders. Says Raymond in
the Chicago Tribune.
Everybody has admitted that the
writ OF Injunction has been abused
only IN the rarest eases. Now and
then judge has carelessly issued an
order without going into the facts. II
Is probable, however. that in a great
many more cases no injunctions have
been issusd, although the facts prob
ably warranted them.
Former Attorney General w. II H..
Miller Informed Mr. Taft that there
was a rule Of the supreme, court for
the guidance of the circuit courts of
the United states which provided thqtI
notice must be given in al. except
W. = a. AtHNTs w bnN hhI Il fOUN
OF this rule. and 1t was too late to
open up new discussion IN the letter
OF acceptance but the matter will be
taken up during the campaign in
such a way as to show that IN labor
disputes. as well as in all other litiga-
ton, the rights OF defendants are full
/ ly projected by an order of the high
set court in the land.
Rule ~ Binding ~ Law.
secured a copy of this rule. and
another copy has already been mailed
20 Mr. Tart. these rules OF practice
are prescribed by the supreme court
for the guidance OF equity courts.
They are as binding on circuit and
district courts as any statute law. and
any Judge. II his attention we're called
10 them. would Follow the lnstruc-
tons. because otherwise the case
would certainly be reversed on appeal
and the offending Judge would he sub
iect to public rebuke The rule toI
which the former attorney general
called the attention of Mr. Taft is as
follows:
Whenever an injunction Is asked
for by bin to stay proceedings at
law. II the defendant does not enter
his appearance and plead a demurrer
or answer TO the same within the time
prescribed By these rules, the plain
tin shall be entitled as of course upon
motion without notice TO such iniunc-
tion. But a special Injunction shall
be granted only upon due notice to-
the other party by the court In term
or by the Judge thereof In vacation,
after a hearing. which may be eNI
parte. II the adverse party does not
appear at the time and place ordered
In every case where an Injunction
either common injunction or special
Injunction awarded In vacation,
it shall unless previously dissolved by
the judge granting the same. continue
until the next term of court. or until
il Is -dissolved by some other order of
court
Modified by statute.
This rule of the supreme court foi
the regulation Of circuit courts in
their equity practice Is. of course,
modified by the provision of law Of
June !. 1879, which reads as follows:
"That whenever notice is given of
motion for an injunction out of al
circuit or district court of the United
States. the court or judge thereof
may. il there appear to be danger of
lirrepdrable injury from delay. grant
Ian order restraining the act sought TO
be enjoined under a decision is had
upon the motion. Such order may be
lgranted with or without security in
1.-The discretion of the court or judge
Provided. that no justice of the SUI
preme court shall hear or allow any
duplication for an injunction or re-
lstraining order except within the cir
Icuit to which he is allotted and in
causes pending in the circuit to which
The is allotted. or IN such causes at
such places outside of the circuit as
parties may in writing stipulate. ex
lcept in causes where such application
cannot be heard by the circuit judge
lof the circuit or district Judge of the
district"
i Labor Demands.
This rule and its modification by
statute law seems to show that there
has been good deal of froth about
the demands made by labor leaders
for modification of the injunction
practice in the federal courts. In
point of fact, whatever abuses have
grown up are probably due TO faulty
practice of the courts in not obeying
the law and the regulations prescribed
by the supreme court. These two
things together absolutely fulill all
the pledges made in the Republican
platform. 80 that there Is scarcely any
need of legislation. Exactly as stated