Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1908-07-28

pcarance OF any injustice 20 labor In
the Issuance OF injunctions. not i'm
spirit OF favorltism 10 one set OF our
fellow citizens. but OF justice 10 all OF
our fellow citizens. The reason for cx-
ercising or refusing 10 exercise the
power OF Injunction must be found I'm
the character OF the unlawful injury
and not i'm the character or class OF the
| persons who inllict this injury.
The man who has business which
| Is being unlawfully injured is entitled
TO the remedies which the law has al
ways given him. no matter who has In
| nicted the injuries. otherwise, we
shall have class legislation unjust I'm
principle and likely TO sap the founda-
tioss OF free government.
| Notice and Hearing Before Issue Of
| Injunction.
come now to the question of no.
tice before issuing an injunction. Ii il
n fundamental rule OF general juris.
prudence that no man shall be affected
by judicial proceeding without notice
and hearing. This rule. however has
sometimes had an exception In the is.
suing OF temporary restraining orders
commanding n defendant I'm effect TO
maintain the status quo until n hear
Ing. Such a process should issue only
In rare cases where the threatened
change or tho STATES quo would lufiict
irreparable injury IL time were taken
TO give notice and summary hearing.
The unlawful injury usual In indus.
| 1iSntlfns 4 hnx L.
ell. does not become formidable cNccp,
after sufficient time In which Ia give
the defendants notice and a hearing
| do not mean 10 say that there may
not be cases even I'm Industrial dis.
putes where restraining order might
properly bc issued without notice. but.
generally, / think Il is otherwise In
some State courts. and I'm fewer Fed
ernl courts. the practice OF issuing n
temporary restraining order without
notice merely 10 preserve the status qUo
on the theory that II won't hurt any
body. has been too common. Many OF
us recall that the practice has been
pursued In other than Industrial dis.
putes. as. for instance. I'm corporate
and stock controversies like those over
the Erie railroad. I'm which stay or.
der without notice was regarded MS
step OF great advantage to the one who
secured IL. and n corresponding dlsnd.
vantage to the one against whom II
was secured. Indeed. the chances of
doing Injustice on an cx-partc uppica-
ton are much increased over those
when hearing IS granted. and there
may be circumstances under which II
may affect the defendant TO his dctri.
mcnt. In the case of lawful strike.
the sending of formidable document
! restraining number OF defendants
from doing great many different
things which the plaintiff AYERS they
are threatening 10 do. often so dis.
courages men always reluctant to 40
into strike from continuing what Is
their lawful right. This has mndc the
laborlng man feel that an injustice is
done in the issuing OF writ without
| notice. | conceive that In the treat
ment OF this question II Is the duty
OF the citizen and the legislator To
view the subject from the standpoint
or the man who believes himself To bc
unjustly trcatcd, as well as from that
|
suggested the remedy OF returning In
such cases TO the original practice un.
der the old statute OF the United
States aud the rules in equity adopted
by the Supreme Court, which did no,
! permit the issuing of an Injunction
| without notice. In this respect, the
! Republican Convention has adopted
another remedy. that, without going
so far. promises to be tmcaclous.
Effect of Jury Trial.
! Under such provision n rccalcitrant
witness who refuses to obey subpoc
M may insist on jury trial before the
court can determine that he received
the subpoena. citizen summoned ag
juror and refusing to obey the writ
when brought into court must be tried
by another Jury 60 determine whether
he got the summons. Such q provision
applies not alone TO injunctious, but to
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. ana thence
to the Supreme Court. and judgment
and decree entered and an order Is
sued. and then If the decree lnyolvca
the defendants doing anything or not
doing anything, and he disobcys II. the
plaintiff who has pursued his remedies
In lawful course for years must, 90 so.
cure his rights. undergo the uncertain
ties and the delays Of n jury trial be
fore he can enjoy that which Is his
right by the decision OF Tie highest
court OF the land. ] say without hest
tatlon that such change VIII greatly
impair the Indispensable power ana
authority OF the courts Securing 10
the public the benefits Of tho new stat.
utes enacted In the present Admins
tration, the ultimate instrumcntallty 90
be rcsortcd 10 Is the courts OF the Unit
cd States. If now their authority IS 10
DO weakened IL n manner never known
In the history Of the Jurisprudence OF
England or America, except In the con
sututiou OF Oklahoma, how can we OK.
pect that such statutes Wi, have eff.
Client enfOrcement1 Those who advo.
cate this Intervention of Jury I'm such
cases seem TO suppose that This change
In some way will inure only 20 the ben.
eft OF tho poor worklngnun. As
matter Of fact, the person wbO Will SO.
cure chief advantage from Il is the
wealthy and unscrupulou5 defendant.
able 10 employ astutp md cunning