The Owosso times. (Owosso, Mich.) 1897-1926, 1908-07-31

Il
may be circumstances under which II
may affect the defendant to his detri-
ment In the case of lawful strike,
the sending of Il formidable document
| restraining Il number of defendants
| from doing great many different
things which the plaintiff AYERS they
are threatening to do. often so dis
courages men always reluctant to go
| into strike from continuing what is
thei: lawful right. This has made the
| iab0rlng man feel that an injustice is
| done in the issuing of writ without
notice. | conceive that In the treat
| mert 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. l have
suggested the remedy of returning in
such cases to the original practice UNI
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 efficacious.
Effect of Jury Trial.
Under such q provision a recalcitrant
witness who refuses to obey subpoe-
M may insist on jury trial before the
court can determine that he received
the subpoena. A citizen summoned as
juror and refusing to obey the writ
when brought into court must be tried
| by another jury to determine whether
he got the summons. Such provision
| applies not alone to injunctons, but to
every order which the court issues
against persons. A suit may be tried
in the court of first instance and car
ried to the Court of Appeals, and thence
to the Supreme Court. and judgment
and decree entered and an order is
sued. and then If the decree involves
the defendants doing anything or not
doing anything, and he disobeys it, the
plaintiff who has pursued his remedies
in lawful course for years must, to Sc
cure his rights, undergo the uncertain
fore he can enjoy that which is his
right by the decision of the highest
court Of the land. l say without hest
tation that such change will greatly
impair the indispensable power and
authority Of the courts. Securing to
the public the benefits of the new stat
utes enacted in the present Admins
n n a inc CT mo tol ty 70
be resorted TO is the courts of the Unit:
ed States. If now their authority is to
be weakened in q manner never known
in the history of the Jurisprudence of
England or America. except in the con-
stltution OF Oklahoma, how can we ex-
pect that such statutes will have eff
cient enforcement? Those who advo-
cate this-intervention of jury in such
cases seem to suppose that this change
in some way will inure only to the ben
eft Of the poor nottingham. AS
matter Of fact, the person who will Sc
cure chief advantage from 1t Is the
wealthy and INSCRIPTIONS defendant.
able to employ astute and cunning
counsel and anxious TO avoid justice
The administration OF 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 insidious attack upon the
judicial system as the proposal to inter-
ject 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 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 insuring their withdrawal
when the emergency has passed by
high rate of taxation. 1t is drawn in
conformity with the present system oe
bank note currency, but varies from it
In certain respects by authorizing the
use of commercial paper and bonds of
good credit. Us well as United States
bonds, as security for It's redemption
1t is expressly bit Il ter; r9"Gr. rlv:,s.
ure and contains provision for the
appointment of a currency commission
to devise and recommend a new and
reformed system of currency. This in
adequacy Of our present currency sys-
tenn, due TO changed conditions and
enormous expansion. is generally rec
ognized. The Republican platform well
states that we must have more elas-
tic and adaptable system to meet the
requirements Of agi'icultursts, manu-
facturers, merchants and business men
generally. must lie automatic in opera
ton. recognizing the fluctuations In In
terest rates" in which every dollar
shall be as good rs gold. and which
shall prevent rather than aid financial
stringcncy ia bringing on panic.
Postal Savings Bank and Its Advan-
taeos.
In addition to this. the Republican
platform recommends the adoption OF
q postal savings bank system in which,
of course, the Government woHd be-
come responsible to the depositors for
the payment of principal and interest.
It. is thought that the Government