The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-06-22

Lincoln, Neb., June 21.-Following up
his expression Of yesterday in criticism
of the Republican platform in general,
William ]. Bryan this evening gave
out a statement in which he assails in
particular the ant-injunction plank of
the Chicago declaration, characterizing
il as a transparent fraud" The state
ment. which viii appear under the
heading Republicans Deceiving La
Dor" in the next issue of Mr.. Bryan's
Commoner. follows:
The anti-injunction plank of the Re
publican platform, as finally adopted, is
a transparent fraud. Ii is possible that
the members of the committee were
bunkOed by some trust lawyer-that is
the only charitable view that can be
taken of il. Those who advocated the
plank claimed to be doing il as
concession TO the wage carriers. and
Yet if one viii read the plank he will
see that il is in fact an announcement
that the Republican party is unalter-
ably opposed TO the labOring mans pO-
sition. The plank reads as follows:
The Republican party Will uphold
at all times the authority and integ-
rity of the courts, state and federal,
and viii ever insist that their powers
10 enforce their processes and 10 pro-
tect life. liberty and property shall be
preserved inviolate. We believe, how
ever. that the rules Of procedure in fed
raj courts. with respect TO the issu-
ance of a writ Of injunction, should be
more accurately defined by the stat
utes; that no injunction or temporary
restraining order should be issued with
out notice, except where iTTeparable
injury would result from delay, in
which case a speedy hearing thereafter
should be granted
obseuring the Issue.
1t will be seen that the plank be-
gins with an unnecessary eulOgy of the
courts. NoDody is opposed TO uphold
ing at all times the authority and in
tegrity of the courts. Nobody is OBJ
jecting TO the enforcement of their pro-
cesses or - their exercise Of their pow
ers TO protect life. liberty and prop
erty. The plank assumes that some
body is attacking the courts and that
the courts are IN danger of losing sup
port or of having their powers weak
ened. There is no attack upon the
courts. and there is no thought any
where of interfering with any legiti-
mate function Of the courts. The Re
publican convention puts up a man of
straw and then proceeds TO demOlish il:
il suspects an unholy assault upon the
judiciary, and its righteous Indignation
finds expression in a bOastful assertion
of its innocence of participation I'm any
such suspected assault. This part OF
the plank was written To give assur-
ance to the people who are opposed TO
the labOTing mans plea. And now let
US proceed To that part of the plank
which was intended as a sop to the la
boring man. IL says:
q" We believe, however, that the rules
of procedure in the federal courts with
respect 10 the issuance of a writ of in
junction should be more accurately de-
fined by the statute Dust what that
definition shall be is not stately
Statute Word for Word.
That no injunction or temporary re-
straining order should be issued without
notice, except where irreparable injury
would "asult from delay, in which case
a speedy hearing thereafter should be
granted Note the words except where
irreparable injury would result from de-
lay and compare this exception with
the federal statute on the subject, and
YOU Will find that under the law as il
now exists the court is not empowered
to grant a temporary restraining order
except where there appears to b dan
ger of irreparable injury from delay
II will be seen that the man who wrote
the injunction plank copied the statute