Monroe City Democrat., 1908-07-16
FEDERAL 1NJuNCTIONs.

FEDERAL INJUNCTIONS.
While on the subject Of courts, and as
anropos of It, / will say a word about
the abuse of judicial process by some OF
the Federal tribunals. As rule, De-
lieve that judges of the inferior courts OF
the United States are men OF nDeral
learning and high character, ana thaI
they discharge their duties with con,
scfentious regard to both public and
nrivate right But undoubtedly some OF
fhese Judges conduct themselves offici-
ally after a fashion that does no credit
to the judiciary They are too often au-
tocratic and tyrannical, and, what is
worse, sometimes also apparently sub
servient The abuse by some of these
judges of the writ of Injunction has be-
come the subject of almost universal
complaint 1t is said that Secretary
Taft, while a Federal judge, levelled
this writ without great provocation, and
on an ex parte hearing, against work
ingmen, and used it with drastic energy.
1t is frequently used in that way TO
break the backbone Of a labor strike,
but, what is of even greater conse-
quence, it is often used to set aside and
nullify the solemnly enacted statutes of
sovereign states. Undoubtedly, to my
thinking, this process has been often
outrageOuSly misused- / heartily agree
that the authority of the courts should
be upheld, and 1 would not be too quick
in trenching upon their jurisdiction. Per-
sonal and property rights must be pro-
tected against riotous or unlawful intru-
sion of any kind, and not even a state
or the nation should be permitted to eX-
act from citizen property or service
without just compensation. On the other
hand, l do not believe that the liberty of
action of a citizen or body Of citizens
should be arrested. or the law of a state
practically set aside, without a hearing
first had and obtained. When the rail-
roads petitioned a Federal judge to en-
join the enforcement of the Missouri
statute establishing a two-cent passenger
RATE the 1TIngP said 70 the counsel.
Gentlemen, the solemn enactments
of the State of Missouri are entitled
to some consideration, and will not
enjoin the enforcement of this state
law, restraining the officers OF the
sovereign state of Missouri. / will al
low it to be in operation for some
time and see if it cOntiscates your
property, as you say
Those were wise words wisely spoken.
1t was a correct rule Judge Mcpherson
enunciated, although 1 am told it is 4
rule he more often honors in the breach
than the observance. What is the rem
edy? One thing at least should be done
we should return to the old law and
provide for notice and a hearing before an
Injunction can issue. By the act Of 1I9l
It was provided that notice should be
given by Federal judges before the is
suance of a temporary restraining order
or injunction. That remained the law of
the land for seyenty-nine years. In 1872
the provision requiring notice before the
issuing of an injunction was dropped
from the statute, inadvertently as some
claim. designedly as others claim. The
rule requiring notice worked satisfactnr
lily for more than three quarters of \
century. 1t is a right rule and ought 70
be restored to the statutes. thousands
of men, both republicans and democrats,
among them many eminent officials Ot
the states, have been demanding the re.
stOratiOn Of this rule, but somehow and
in some way there has always been q
powerful. insinuaung influence creeping
around the halls of Congress and about
the precincts of the White House potent
enough to block all legislation on the
subject In the current Republican Tai
platform 1 find this declaration:
1--WE believe that the rules of pro
cedure in the Federal courts, with
respect to the issuance of the writ
of injunction, should be more ac'
curately defined by statute, and that nc
injunction or temporary restraining
order should be issued without notice
except where irreparable injury woul'
result from delay, in which case
speedy hearing thereafter should b'
granted"
Many eminent republican senators and
Representatives, including my distin
gruished colleague, were members OF tht
committee which framed that platform
The enunciation is meaningless, as Il
does no more than declare for the law
as IT is For years these senators ana
representatives have sat N congress
with a great party majority IN botf
houses around them, and although many
state legislatures, governors, ana grea
organizations memorialiZed them to en-
act legislation upon this line, they have
resolutely persisted in doing nothing
Do YOU think that the election OF Tar
and another Republican Congress woulr
inf1se a different and better spiri
among them? Or do you suspect tina
this platform declaration is put forth L
fool the people and allay the antagon
ism excited by long resistance to a JUS
public demand? It has been said tina
while all the people cannot be fooled al
the time. some of them can be fooie6
7oartisan zeal or cOerced by tyrannica
threatening, will again drift, hopint
against hope, in the republican curren
TO the sure vortex Of another pltter uIs
appointment?