The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-07-28

things which the plaintiff AYERS they
are threatening TO do, often so dis,
cOurages men always reluctant 90 80
into a strike from continuing what is
their lawful right This has made the
laboring man feel that an injustice Is
done in the issuing of a writ without
notice ! conceive that in the treat
ment of This question IL is the duty of
tho citizen and the legislator TO view
the subject from the standpoint OF the
man who believes himself 10 be un-
justly treated, as we'll as from that O.
the community at large. 1 have sus-
sested the remedy ct returning Ina sucu
cases 10 the original practice under the
cid statute OF the United States aud
The rules in equity adopted by the su
preme court, which did not permit the
Issuing OF an injunction without no
tice. In this respect, tne republican,
convention has adopted another REM
sdy, that, without going so far, prom
ses TO be eiucacious i'm securing prop
sr consideration in such cases ly
,ourts, by formulating into a leglslat-
we act the best present practice.
Under this recommendation, a stat.
lte may be framed which shall define
With considerable parucularity and
emphasize the exceptional character
jf the cases In which restraining Dr.
lers may issue without notice, and
ghicn shall also provide that when
hey are issued, they shall cease 10 De
operative beyond a short period, dur.
ng which time notice shall be served
md a hearing had unless The defend
INT desires postponement OF the
iearing. by this provision tae inlus-
ice which has sometimes occurred by
which a preliminary restraining order
)f widest application has been issued
witacHt notice. and the hearing OF tue
notion for the Injunction has been
fixed weeks and months after lis da,s,
could not recur
Only Recommendation Trial by-Jury.
With respect to notice, the demo
cratic platform contains no recon-
mendation. Its only ineligible dec
laration in regard to injunction suits
is a relteration OF the plank in ;he plat
form OF 1890 and 1904 providing that
n prosecutions for contempt in Fed
eral courts, where the violation of the
order constituting the contempt
| charged Is indirect ]. T.. outside of the
presence Of the court there shall be
4 jury trial
Dangerous Attack on Power Of Courts
This provision in the platform OF
1880 was regarded then os most dan
gerous attack upon the powe of the
courts TO enforce their orders and de-
crees. and IL was one of the chief re2
sons for the defeat of the democratic
party in that contest. as it ought to
have been, The extended operation
Of such a provision to weaken the
power of the courts i'm the enforce
ment OF its lawful orders can hardly
| be ogarstated.
Effect Of Jury Trial.
Unler sich a provision re alcit-
| iant witness who refu SOS TO obey a
subpoena may insist on a jury trial be
| fore the court can determine that he
received lhe subpoena. A citizen sum
moned as a juror and refusing 20 obey
the writ when brought into court must
be tried by another jury TO determine
whether he got the summons ouen
"A provision applies not alone to In
/ functions, but to every order which
the court issues against persons A
suit may be tried I'm the court of first
/ instance and carried 10 The court Of
] hpledlrl uliu iHNiSH 10 tht 7hlitfihc
court, and a iudgment and decree en-.
tered and an order Issued, and then q
/ ths decree Involves the Defendants
doing ANYTHING ar not doing am ;Sng
and he disobeys II, the plaintiff Who
has pursued his remedies in laWfsl
course for years must 10 secure his
rights. undergo the uncertainties and
th.- delays OF a jury trial before he can
enjoy that which IS his right by tae
decision of the highest court ia the
laud. say without hesitation that
such a change VIII greatly impair the