The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1908-07-31

prudence that no man snail De aHecteI
by judicial proceeding without notice
and hearing. This rule, however, has
sometimes had an exception I'm the is
suing of temporary restraining orders
commanding a defendant in effect to
maintain the status quo until hear
int Such n process should issue only
in rare cases where the threatened
chfnge OF the status quo would inhict
irreparable injury if time were taken
to give notice and n summary hearing
The unlawful injury usual In indus
trial disputes, such as | have describ-
ed does not become formidable except
after sufficient time in which TO give
the defendants notice and n hearing.
| do not mean to say that there may
not be cases even " Industrial dis
putes where restraining order might
properly be issued without notice, but.
generally, ! think il is otherwise. In
some State courts, and i'm fewer Fed
eral courts, the practice of issuing a
temporary restraining order without
notice merely TO preserve the status quo
on the theory that it won't hurt any
us recall that the practice has been
pursued in other than industrial dis
putes, as. for instance, in corporate
and stock controversies like those over
the Erie railroad. in which a stay or
der without notice was regarded as a
step OF great advantage TO the one who
secured it. and a corresponding disad-
TO IN 40 xrh 4
was secured. Indeed, the chances OF
doing injustice on an eX-parte applica
ton are much increased over those
when Il hearing is granted. and there
may be circumstances under which it
may affect the defendant TO his detri-
ment. In the case of Il lawful strike.
the sending of Il formidable document
restraining number of defendants
from doing Il great many different
things which the plaintiff AYERS they
are threatening TO do. often so dis
courages men always reluctant to 20
into Il strike from continuing what is
their lawful right. This has made the
laboring man feel that an injustice is
done in the issuing Of writ without
notice. | conceive that I'm the treat
ment of this question it is the duty
of the citizen and the legislator TO
view the subject from the standpoint
OF the man who believes himself to be
uniustly treated. rs well as from that
Of the community at large. | have
suggested the remedy Of returning in
such cases TO the original practice I'M
der the old statute of the United
States and the rules in equity adopted
by the Supreme Court. which did not
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 efiicacious.
Effect of Jury Trial.
Under such a provision recalcitrant
witness who refuses to obey a subpoe
ma may insist on jury trial before the
court can determine that he received
the subpoena. \ 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 q provision
applies not alone TO injunctions but 10
every order which the court issues
against persons suit may be tried
ia the court of FIRST instance and car.
ried to the Court Of Appeals, and thence
to the supreme Court, ana a judgment
and decree entered ana an order is
sued. and then If the decree involves
the DEFENDANTS doing anything or not
doing anything. and he disobeys Il, the
plaintiff who has pursued his remedies
in lawful course for years must, to So
cure his rights, UNDERGO the uncertain
ties and the DELAYS Of a jury trial be-
fore he can enjoy that which is his
right hy the decision OF the highest
court of the land. say without hest
tation that such "a change Will greatly
impair the Indispensable power and
authority OF the courts. Securing TO
the public the beneGts-of the new stat
Utes enacted I'm the present Admins
tratiou the ultimate iustrumcntality 20
be rcso,tcd 10 is the courts OF the Unit
cd States. IF now their authority is to
be weakened I'm Il manner never known
in the histor. OF the Jurisprudence OF
England or America. except I'm the con
stitutiOn of oklahoma. how can we eN-
pect that such statutes viii have .efli
Gent enforcement? Those who advo
cate this Intervention OF - Jury in such
cases seem Il suppose that this change
in some way viii inurc only TO the ben
eft of the poor nottingham AS n
matter of fat, the person WIN Will So
cure chief advantage from il is the
wealthy and INSCRIPTIONS defendant.
able TO employ astute and cunning
counsel and anxious TO avoid justice.
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 inter
ject jury trial between all orders Of
the court made after full hearing and
the enforcement Of such orders
The Currency System.