The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1908-07-29

trial dispute. while at the same time
II may be possible to explain to the
average plain citizen who oh
| iects to class distinctions that no such
intention exists at all Our position
Is clear and uneqrivoeal. We are
anxious TO prevent even an appear.
lance OF any injustice 10 labor in the
issuance of iniunctions, not In spirit
J of favoritism TO one set of our fellow
citizens, but of justice to all OF our
fellow citizens. The reason for exer-
clsing or refusing to exercise the
power of injunction must be found
! in the character of the unlawful in
jury and not in the character or class
! Of the persons who infiict this Injury.
The man who has business when
is being unlawfully injured Is entitled
to the remedies which the law has al,
inflicted the injuries. Otherwise, we
shall have class legislation unjust in
principle and likely to sap the founda.
tions of a free government
Notice and Hearing Before Injunction
come now to the question of notice
before issuing an Injunction Ii is a
| fundamental rule Of general juris-
prudence that no man shall be affect
led by a judicial proceeding without
Inctice and hearing. This rule, how
ever has sometimes had an exception
! in the issuing of temporary restrain
| ing orders commanding defendant
| in effect to maintain the status quo
until a hearing Such proce IS
should issue only in rare eases where
the threatened change OF the status
quo would intiict irreparable injury II
time We're taken to give notice and a
summary hearing The unlawful in.
| jury usual in industrial disputes, such
as | have described does not become
| formidable except after sufficient time
| in which to give the defendants no
| tica and a hearing. | do not mean
even in industrial disputes where q
restraining order might properly be
issued without notice, but, generally
| | think il Is otherwise. In some state
courts, and In fewer federal conrts
the practice of issuing a temporary
restraining order without notice
merely to preserve the status quo OF
tho theory that IL wont hurt anybody
has been too common. Many OF Is
recall that the practice has been pur
sued la other than industrial disputes
a. for instance. In corporate and
stock controversies like those oyel
the Erie railroad. in which a stay
Iorder without notice was regarded as
d step of great advantage to the one
who secured 1t, and n corresponding
disadvantage to the one against whom
lit was secured. Indeed, the chances
loi doing injustice ON an eXparte ap
IpliCatiOn are much increased owe
Those when hearing Is granted. an,
there my be circumstances unde
which II may affect the defendant I
his detriment. In the case of a Law
document restraining a number Of Dc
PENDANTS from doing a great many di
lfcrcnt things which the plaintiff aver
Ithty are threatening TO do, often 8
discoLraqes men always reluctant t
go into a strike from continulngNwha
Is their lawful right This has mad
the aboring man feel that an injustice
Is done in the issuing of q writ witt
lon. notice | conceive that in IN
Treatment of this question IL Ii tn
duty of the citizen aud the legislatc
ito view the subject from the stand
IpoInt of the man who believes hin
Iaelf to be unjustly treated as well a
from that of the community at large
I have suggested the remedy of re
turning in such cases to the origina
lbractice under the old statute Of thu
United states and the rules In equit.
ladupted by the supreme court. which
did not permit the issuing Of an In
jrnction without notice. In this re
spect. the Republican convention hai
ladoptcd another remedy, that, with
out going so far, promises to be
eiflcacious in securing proper consid
Grafton in such cases by courts, b.
formulating into a legislative act thu
best present practice.
| Under this recommendation, sta
tute may be framed which shall define
| with considerable particularly, an,
emphasize the exceptional character
of ihn cases I'm which restraining or