Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1908-07-16

l. 10
tocratic and t%yranhical, and, wnat rs
worse, sometimes also apparently suo.
servient. The abuse by some OF these
Judges of the writ of injunction has De-,
come the subject of almost universal
complaint. 1t is said that secretary,
Taft. while a Federal Judge, leVelle9
tlis writ without great prOvocation, ana
ON an ey parte hearing, against work
inemen. and used it with drastic energy,
1t is frequently used in mat way W
break the backbone of a lapor strlhe'
but. what is of even greater ConnSa
nullify the solemnly enacted statues vi
sovereign states. Undoubtedly, 10 my
thinking, this process has been olLel
outrageously misused. heartily asles
that the authority of the courts snoulu
he upheld. and | would not be too aulck
in trenGhing upon their jurisdiction FER
sOnal and property rights must pc pro-
teCtcd against riotous or unlawful ltltru-
sion of any kind, and not even d stale
or the nation should be permitted to eH-
act from a citizen properly or seFElcg
without Just compensation. On the uliiV[
hand, / do not believe that the Iipgt{g "
action of q citizen or a BODY OIL Clll@ghs
should be arrested, or the law OF q 9latg
practically set aside, without a hearaaiiiFl
first had and obtained. When ne en-
roads petitioned a Federal judgs4isscuri
Join the enforcement of the aasseflger
statute establishing q two-ceAt~ oJunsel'
rate, Iie IlllEt oAll " 49, anAeI0lellS
Gentlemen. the solsrap arc entitled
of the State of Mlssopaaind ! will not
to some nsideration of this state
eniOin the enforcSFTme s~ofTcers Of the
law. restraining missouri ! will al
sovereign ssatem orerati4 99oi tor or SOME 1aer
time aad e 81 cd say"
properts wise words, wisely spoken.
Those wearesryect rule Judge Mcpherson
1t vas e.. z Salthough ] am told it is a
uncisa MIC often honors in the e
rule ne observance, What Is the rem
thar Tne thing at least should be Zone
coy Should return to the old law and
Vide for notice and a hearing before an
Prrxlnction can issue. BY the act of 1871
IN was provided hat notice should be
given by Federal judges before the is
suance Of a temporary restraining oroel
or injunction. That remained the law OF
the land for s~eventy-nine years. In Is.
the provision requiring notice before Inc
issuing of an injunction was droppec
from the statute, inadvertently as som
claim, designedly as others claim. IN
rule requiring notice worked sadsfactor
lily for more than three quarters or :
century. 1t is a right rule ana g u
be restored to the statutes. Thousanui
of men, both republicans ana delnocral .
among them man eminent officials Q
the states, nave been demanding the re
storation of this rule, but somehow an
in some way there has always been
powerful. inslnuating influence creeplnl
around the halls Of Congress and abou
the precincts of the White House poteh
enough to block all legislation on IN
subject. In the current Republican TAI
platform l find this declaration:
eve believe that the rules of pre-
cedure in the Federal courts, wit
respect to the issuance OF the Wri
of Injunction, should be more ac
curately defined by statute, and that n
injunction or temporary restraint
order should be issued without notice
except where irreparable injury Woul
result from delay, in which case :,
speedy hearing thereafter should .
granted"
Many eminent republican senator's an
representatives, including my distir
guished colleague, were members OF Tn
COMMITTED which framed that platform
The enunciation Is meaningless, as
does no more than declare FOR the la
as ii is. For years these senator's ar
representatives ave sat IN Congress
with a great party majority IN Dol
houses around them, and although MAJ
state legislatures, governors, ana gre
organizations mernorialized them TO el
act Legislation upon this line, they ma
resolutely persisted in doing nothln
DO you think that the election Oh "a
and another Republican Congress Wou
infuse a different and better spili
among them? Or do you suspect tn
this platform declaration Is put forth
fool the people and allay the antago
lam excited by long resistance to q ~
public demand? 1t has been salo IN
while all the people cannot be fooled 1
the time, some of them can be ZOO,
ali the time. How many, blinded
nartiaan zeal or coerced by tyrannic
threatening, will again DRIFT, nopi
against hope, in the republican cure
Id the sure vortex Of another bitter q
appointment?