The daily sentinel., 1908-07-28


stitute an evil to be remedied by
statutory amendment. The small
number of cases complained of above
shows the careful manner in which
most federal judges have exercised
the jurisdiction, but the belief that
such cases are numerous has been
so widespread and has aroused such
feeling of injustice that more defi-
mite specifications in procedure to
prevent recurrence of them is justi-
fled if it can be effected without in
jury tc the administration of the law.
No Provision As to Trial BY Jury.
With respect to notice, the Demo-
cratic platform contains no recon-
mendation. Its only Ineligible dec
laration in regard to the injunction
suit is reiteration Of the plank in
the platform of 1896 and 1904 pro-
viding that in prosecutions for con-
tempt in federal courts where the
violations of the order constituting
the contempt charge is indirect, that
is, outside of the presence of the
court, there shall be jury trial.
Attack Power of Courts.
This provision in the platform of
1896 was regarded then as a most
dangerous attack upon the power of
the courts to enforce their orders and
DEGREES and it was one of the chief
reasons for the defeat of the Demo-
Gratis in that contest. as it ought to
have been. The extended operation
of such a provision 10 weaken the
power of the courts in the enforce
ment of its lawful orders can hardly
be overstated.
Effect of Jury Trial.
Under such provision a recall
citrant witness who refused to obey
a subpoena may insist on jury trial
before the court can determine that
he received the subpoenas. 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 a publication ap-
plies not alone to injunctions but
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
other issued and then if the decree
involves the defendants doing any
thing or not doing anything and he
disobeys it, the plaintiff who has pur-
sued his remedies in lawful course
for years, must, to secure his rights,
undergo the uncertainties and the de-
lays of jury trial before he can en-
join that which is his right by the
decision of the highest court of the
land. I say without hesitation that
such change will greatly impair the
indispensable power and authority of
the courts. Securing to the public
the benefits of the new statutes en-
acted in the present administration
the ultimate instrumentality to- be
'resorted to is the courts of the United
States. If now, their authority is to
be weakened in manner never
known in the history of the juris-
prudence of England or America eX-
cept in the constitution of Oklahoma,
how can we expect that such statutes
will have efficient enforcement
Those who advocate tn:s intervention
of a jury in such cases seem to sup
pose that this change in some way
will inure only to the benefit of the
poor working men. AS a mater of
fact, the person who will secure chief
advantage from it is the wealthy and
unscrupulous defendant able to en-
ploy astute and cunning counsel anX-
ious to avoid justice.
81 have been willing, in order to
avoid popular but unfounded i'm
preston that a judge in furnishing
for contempt of his order may be
affected by personal feeling to ap-
prove a law which would enable the
contemner upon his application to
have another judge sit to hear the
charge of contempt, but this vita so
many judges as there are available
in the federal court would not con-
stitute delay in the enforce sment of
the process. The character and
a tnin nf h. ri ba tln
same. 1t is the nature and the delay
of jury trial in such cases that those
who would wish te defy the order of
the court would rely upon as a reason
for so doing.
Power of Courts Necessary to Avoid
Anarchy.
1.-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 pro-
posal to interject 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 a lack
of elasticity in our financial system.
This has been Professionally met by
an act of the present congress permit
ting the issue of additional emer-
gency bank notes, and insuring their
withdrawal when the emergency has
passed by high rate of taxation. 1t
is drawn in conformity with the pres
ent system of bank note currency but
varies from 1t in certain respects by
authorizing the use of commercial
paper and bonds of good credit, as
well as United States bonds as Sc
curity for its redemption. 1t Is ex-
pressly but temporary measure and