The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1908-07-18
rEDERAL -INJUNCTIoNs.

EfDEaAA4L4
While on the subject OF courts and as
aproros Of IT, I VIII say 2 800 81
he Federal tribunals. As q RUE 4 D.
i7eva that Judges OF the inferior courts OF
t1 nS = and nigh character. and that
they discharge their duties Win -
scIentiors fegaTd 70 eotn sdpy some Of
these Judge d themselves o1S-
ally after a fashion that does no creoe
10 the judiciary They are TOP often az
focrafic and t~yrannical, and what -
worse. sometimes also apparenIS
seryient- The abuse by some OF ms
Judges OF the writ of Injunction 2 ~
come the subject Of almost ehlNsl
complaint It is said that SecrsL
TAFT, while a Federal 9uoge, tetaS
fbfs writ without great provocation. ano
on an ex parte hearing, agaansl VOL.
fnumen. and used II with drastic energy.
II 81 frequently used In that way -
break the backbone of a labor strike
but. what IS OF even greater Conss
Quence. it is often used 70 SCI aslos
ecre~cfrn states. Undoubtedly, to ny
thinking, this process mas Desh oL -
outrageousiy mlsuseo- hsaLt S,iS
b. nuheld. aud I would not 3e too QUICK
IN trenching upon their 1urlsdlctiQn- -
sonal and property rights must pc D.
fected against rictous or
sion OF any kind, and not even a. state
or the nntfoff should be permitted 70 sN
from q citizen property or serElSz
e..f + 3o not believe that the liberty Of
OF a citizen or a body OF citl1ens
be arrested. or the law OF a state
set aside, without a hearans
drst had and obtained Nnen the rau-
peutioned a Federal judge 70 en-
ofEE76-Z
sfafrte estfbfshing a twso-cent passenger
rate, the Judge said to the counsel.
..f4e,flamen The solemn enactments
~ fhe state of Missouri are entlleu
to some consideration, and l VIII nor
enjoin the enforcement or TINS seats
faVr restraining the officers OF the
sovereign State OF missouri 1 VIII al
low it to be IN operation for some
time and see II It c~onnscdles SOuI
property, as you say
Those we're wise words. wisely spoken
It was a correct rule Judge MePherson
enuacfated, although ! am TOD X y q
rule he more often honors IN the breach
than the Observance what IS the rem
edy7 One thing at least should be done
Awe should return 20 the OLD law anu
nroyide for notice and a hearing before an
esdunction can issue. BY lhe aee y =
given by Federal judges before the IS
euance Of a temporary restraining order
the land for seventy-nine years IN Do
the provision requiring notice before the
ISSUING of an Injunction was dropped
from The statute, inadvertently as some
claim. d~asignedIy as others claim. The
rule requiring notice worked satisfaction
ny for more than three quarters OF a
EEnt44l - ~ ~ a
be restored to Che statutes. thousands
or men. both republicans and democrats.
among them many eminent officials OF
the states. AVE been demanding the re-
storation OF this rule. but somehow and
IN some way there has always been a
powerful, i~usinuatfng influence creeping
aroEnd the halls Of Congress and about
the precincts OF the White House potent
enough 10 block all legislation on the
subject. In the current Republican TAFT
platform I ind 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
no Injunction or Temporary restraining
order should be issued without notice.
except where ~irreparabie injury would
result from delay, In which case a
speedy hearing thereafter should be
granted"
Many eminent republican senator's and
Representatives, including my distin-
guished colleague, were members OF the
committee which framed that platform
The enunciation Is meaningless. as Il
does no more than declare for the law
representative have sat in Congress.
with a great party majority IN both
houses arouno them. ana althouSa many
state LEGISLATURES, governors. and great
ORGANIZATIONS memorialized them to en-
act legislation upon this line, they have
resoiutely persisted in doing nothing.
Do you think thai the election Of Taft
and another Republican Congress would
infuse a different and better spirit
this platform declaration is put forth to
fool the people and allay the antagon-
ism excited by long resistance to a just
public demand2 1t has been said that
while all the people cannot be fooled all
the time, some Of them can be fooled
all the dime. How many. blinded by
partisan zeal or coerced by tyrannical
threatening. viii again drift hoping
against hope. In the republican current
to the sure vortex OF another bitter dis
appointment
THE TARIFF.
rha n,estto, or tsriT taxation viii