Ottumwa tri-weekly courier., 1908-07-30

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be possible to explain to the average
plain citizen who objects to class dis
tinctions that no such intention exists.
Our position is clear and unequivocal.
We are anxious to prevent even an
appearance of injustice to labor in is
suing fnjunctions, not in the spirit of
favoritism to any set of our fellow citi-
zens, but in the interest OF justice to
all. The reason for exercising or re-
1 fusing to exercise the power of in
junction must be found in the charac-
ter of the unlawful injury and not in
the character or class of the persons
4 who infict the injury.
The man who has a business which
is being unlawfully injured is entitled
to the remedies which the law has al
ways given him, no matter who has
inflicted the injuries. Otherwise we
shall have class legislation unjust in
principle and likely to sap the foun-
dations of free government.
Notices And Hearing Before Issue OF
| Injunctions
| I come now to the question of notice
before issuing an injuny,tion. It is a
fundamental rule of general jurispru-
dence that no man shall be affected by
a judicial proceeding without notice
and hearing. This rule, however, has
sometimes had an exception in the is
suing of temporary restraining orders
commanding defendant in effect to
maintain the status quo until hear
| ing. Such process should issue only
| in rare cases where the threatened
| change of the status quo would infiict
lirreparable injury If time were taken
to give notice and summary hear
ling. The unlawful injury usual in in
dustrial disputes, such as I have de-
| scribed, does not become formidable
except after sufficient time in which
| to give the defendants notice and a
hearing. I do not mean to say that
| there may not be cases even in indus
| trial disputes where restraining order
! might properly be issued without no.
tice, but generally I think it is other
wise. In some state courts, and in
fewer federal courts the practice of
! issuing a temporary restraining order
| without notice merely to preserve the
status quo on the theory that it won't
hurt anybody, 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 controversies like those over
/ the Erie railroad, in which a stay
order without notice was regarded as
a step of great advantage to the one
who secured 1t and a corresponding
| disadvantage to the one against whom
it was secured. Indeed the chances of
doing injustice on an ex-parte applica-
ton are much increased over these
when a hearing is granted, and there
may be circumstances under which it
may affect the defendant to his de-
| triment. In the case Of a lawful
strike the sending Of formidable
document restraining number Of de-
PENDANTS from doing a great many
different things which the piaintiT
| AYERS they are threatening to do often
SO discourages men always reluctant to
go into 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 with
out notice. conceive that In the
treatment of this question 1t Is the
duty of the citizen and the legislator
to, view the subject from the stand
point Of the man who believed HIM
self to be unjustly treated. as well as
from that of the community at large,
I have suggested the remedy of re-
turning 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
did not permit the issuing of an In.
junction without notice.
In this respect the Republican con-
vention has adopted another remedy,
Iusf ir,c For ieoe 70
be eff1cacious in securing proper con-
formulating into legislative act the
best present practice.
Under this recommendation, sta
tute may be framed which shall de-
fine with considerable particularly
and emphasize the exceptional charac-
ter Of the cases in which restraining
orders may issue without notice, and
which shall provide that when they
are issued, they shall cease to be oper-
ativc beyond a short period, during
which time notice shall be served and
a hearing had, unless the defendant
desires postponement of the hearing.
BY this provision the injustice which
has sometimes occurred by which a
preliminary restraining order of wild
est HAS DeGIl issued W1InOuC
notice and the hearing of the motion
for the injunction has been fixed
weeks and months after its date. could
not recur.
Small Number of Cases
The number of instances in which
restraining orders without notice in
industrial disputes have been issued
by federal courts Is small, and it is
urged that they do not therefore con-
stitute an evil to the remedied by
statutory amendment. The small
number of cases complained Of, above,
shows the careful manner in which
most federal Judges have exercised
their Jurisdiction, but the belief that
such cases are numerous has been so
widespread and has aroused such feel
ing of injustice that more definite spe-
ciflcation in procedure to prevent re-
currence of them is justified, If it can
be effected without injury to the ad-
ministration Of the law.
No Provision in Democratic Platform
as to Notice
With respect to notice, the Demo-
cratic platform contains no recon-
mendation. It's only ineligible de-
claration in regard to injunction suits