Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1908-08-01

ton. Its only ineligible declaration
In regard to injunction suits is a reit-
Grafton of the plank in the platform of
1896 and 1904 providing that in prose
cutions for contempt in Federal courts,
where the violation of the order con-
shutting the contempt charged is in
direct. l. e.. outside of the presence of
the court. there shall be a jury trial.
DANGEROUS Attack on Power of Courts.
This provision in the platform of
1896 was regarded then as a most dan
gerous attack upon the power of the
courts to enforce their orders and de-
crees. and it was one of the chief rea-
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 in the enforcement of its
lawful orders can hardly be overstated.
Effect of Jury Trial.
Under such a provision a recalcitrant
witness who refuses to obey a sub
poena may insist on jury trial before
the court can determine that he re-
ceived the subpoena A citizen sum-
moned as a 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
provision applies not alone to injunc-
lions. but to every order which the
court issues against persons. A suit
-soz ~, hn of fret in
stance and carried to the Court of APP
peals. and thence to the Supreme
Court, and a judgment and decree en-
tered and an order issued, and then If
the decree involves the defendants do
ing anything or not doing anything,
and he disobeys it, the plaintiff who
has pursued his remedies in lawful
course for years must, to secure his
rights. undergo the uncertainties and
the delays of a jury trial before he
can enjoy that which is his right by
the decision of the highest court of
the land. l say without hesitation that
such change will greatly impair the
indispensable power and authority OF
the courts In securing to the public the
benefits of the new statutes enacted
in the present Administration, the Ill
innate fundamentally to be resorted
TO is the courts of the United States.
If now their authority is to be weak
ened in a manner never known in the
history of the Jurisprudence of Eng
land or America, except in the consti-
tuition of Oklahoma, how can we ex-
pect that such statutes will have eff
cient enforcement? Those who advO-
cate this Intervention of jury in such
cases seem to suppose that this change
in some way viii inure only to the
benefit of the poor working man. AS
a matter of fact, the person who will
secure chief advantage from it is the
wealthy and INSCRIPTIONS defendant,
able to employ astute and cunning
counsel and anxious to avoid justice.
have been willing, in order to avoid
a popular but unfounded impression
that judge, in Furnishing for contempt
Of his own order, may be affected by
personal feeling, to approve a law
which should enable the contemnOr
upon his application to have another
Judge sit to hear the charge of con-
tempt, but this, with so many judges
as there are available in the Federal
court, would not constitute a delay in
the enforcement of the process. The
character and efficiency of the trial
would be the same. 1t is the nature
and the delay of a jury trial in such
cases that those who would wish to
defy the order of the court would rely
upon as a reason for doing so.
Maintenance of Full Power of Courts
Necessary to Avoid Anarchy.
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 proposal to
interject a jury trial between all or
ders of the court made after full hear
ing and the enforcement of such or
ders.
The Currency System.
The late panic disclosed a lack Of
EAdSL4SAll III SlGuu Ills
has been Professionally met by an act
OF the present Congress permitting the
issue of additional emergency bank
notes, and insuring their withdrawal
when the emergency has passed by a
high rate of taxation. 1t is drawn in
conformity with the present system of
bank note currency, but varies from it
in certain respects by authorizing the
use of commercial paper and bonds of
good credit, as we'll as United States
bonds, as security for its redemption.
1t is expressly but a temporary meas
ure and contains a provision for the
appointment of a currency commission
to devise and recommend a new and
reformed system of currency. This
inadequacy of our present currency