Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-07-29

granted, and there may be circum-
stances under which it may affect the
defendant to his detriment In the
a formidable document restraining a
number of defendants from doing a
great many different things which the
plaintiff AYERS they are threatening to
do, often so disCourages men always re-
luctant to go into a strike from con-
tinuing what IS their lawful right.
This has made the laboring man feel
that an injustice is done in the issuing
of a writ without notice. I conceive
that in the treatment of this question
it is the duty of the citizen and the
legislator to view the subject from the
standpoint of tie man who believes
himself to be unjustly treated, as well
as from that of the community at
large. I have suggested the remedy of
returning in such cases to the original
practice under the old statute of the
United States and the rules in equity
did not permit the issuing of an injunc-
ton without notice. In this respect.
the Republican Convention has adopted
another remedy, that, without going so
far, promises to be etficacious in secur-
ing proper consideration in such eases
by courts, by formulating into a legis-
lative act the best present practice.
Under this recommendation, sta
tute may be framed which shall define
with considerable particularly, and en-
phasiZe the exceptional character of the
cases in which restraining orders; may
issue without notice, and which shall
also provide that when they are
issued, they shall cease to be op:r-
alive beyond short peroil. during
which time notice shall be served
and hearing had unless the de-
fendant desires postponement of
the hearing. BY this provision the in
justice which has sometimes occurred
by which preliminary restraining or
der of widest application has been Is
sued without notice, and the hearing Of
the motion for the injunction has been
fixed weeks and months after it's date,
could not recur.
Small Number Of Cases Furnishing
Grounds for Complaint in Federal
Court.
restraining orders without notice in in
dustrial disputes have issued by Fed
eral courts is small, and it is urged
that they do not therefore constitute
an evil to be remedied by statutory
amendment. The small number Of
cases complained of above shows the
careful manner in which most Federal
judges have exercised the jurisdiction,
but the belief that such cases are nu-
merouS has been 50 widespread and has
aroused such feeling of injustice that
more definite specification in procedure
to prevent recurrence of them is justi-
fled if it can be effected without injurs
to the administration of the law
No Provision in Democratic Platform
as to Notice; Only Recommendation
Trial by Jury.
With respect to notice the Democra-
tic platform contains no Recommended
tor. Its only iptelligible declaration
in regard 10 injunction suits is a reiter
alton of the plank in the platform of
1896 and 1904 providing that in prosecu-
tons for contempt in Federal courts.
where the violation of the order con-
Stituting the contempt charged is in
direct, i. e, outside of the presence OF
the court, there shall be jury trial.
Dangerous Attack on Power Of Courts.
This provision in the platform of 1896
was regarded then as most dangerous
attack upon the power of the courts
to enforce their orders and DEGREES, and
it was one Of the chief reasons 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 it's lawful orders
can hardly be overstated.
Effect Of July Trial.
Under such provision re-
calcitrant witness who refuses to obey
a subpoena may insist on a jury trial
before the court can Determine that
he received the subpoena. A citizen
summoned 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 a provision applies
not alone to injunctions. but to every
order which the court issues against
persons A suit may be tried in the
court of first instance and carried ~
the Court of Appeals, and thence to
the Supreme Court, and a judgment
and decree entered and an order is
sued, and then if the decree involves
the defendants doing anything or not
doing anything, and he disobeys it,.
the plaintiff who has pursued his re
NEEDLES in lawful course for years
must, to secure his rights, undergo
the uncertainties and the delays of
jury trial before he can enjoy that
which is his right by the decision of
the highest court of the land. ! say
without hesitation that such a 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 ultimate
instrumentality to be reSorted to is
the courts of the United States. If now
their authority is to be weakened in
manner never known in the history
of the jurisprudence of England uf
America except in the constitution of
Oklahoma, how can We expect that
such statutes will have efficient en-
forcement? Those who advocate this