The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-07-28


has been issued without notice. and
the hearing Of the MOTION for the IN
junction has been fixed weei-s and
months after its date, could not recur.
Complaint IN Court.
The number OF instances IN which
restraining orders without notice in in
dustriaI disputes have issued by Fed
eral courts is small. and IL is urged
that they 20 not therefore constitute
an evil 70 be remeiied by statutory
amendment
The smaF number OF cases complained
Of above shows the careful manner in
which most Federal judges have exer-
cised the Jurisdiction. but the belief that
such cases are numerous has been 30
Widespread and has aroused such feel-
ing Of injustice that more definite specl-
tcatiOn in procedure 70 prevent recUr-
renee OF them is justified Il Il can be
affected without injury 70 the admini1-
tration OF the law
With respect TO notice. the Democratic
platform contains no recOmme ndation-
Its only ineligible declaration In re-
gard 10 Injunction suits is a reiterariOn
Of the plank in the platform OF 1856
and 1904. providing that in prosecution
the violation of the order constituting
the contempt charged is indirect, that
IS. outside Of the presence Of the court
there shall be a jury trial
Attack on Power.
This provision in the platform Of 1898
was regarded then as a most dangerous
attack upon the power OF the courts
70 enforce their orders and DEGREES.
| and il was one OF the chief reasons
| for the defeat OF the Democratic party
I in that contest, as II ought 70 have
| been The extended operation OF such
! a provision 10 weaken the power OF
| the courts in the enforcement OF its
/ lawful orders can hardly be overstated-
| Under such q provision a recalcitrant
/ witness who refuses TO obey a subpoena
( may IL sist on a jury trial before the
/ court can determine that he received
/ the subpoena a citizen summoned as
| a juror and refusing 70 obey the writ
/ when brought into court must be tried
/ by another jury 70 determine whether
| he got the summons Such a provision
! applies not alone 10 injunctiOns. but
/ 70 every order which the court issues
| against persons
! : suit may be tried IN the court OF
first instance and carried 70 the court
Of appeals. and thence 10 the Supreme
Court, and a judgment and decree en-
tered and an order issued, and then z
/ the decree involves the defendants do
/ ing anything or nc doing anything, and
jbe 6,sobeys IT, the plaintiff who has
! pursued his remedies in lawful course
I for years must. 10 secure his rights,
| undergo the uncertainties and the de-
! lays o. a jury trial before he can enjoy
/ that which is his right by the decision
/ Of the highest courts Of the land
| I say without hesitation that such a
! Change VIII greatly impair the indis-
/ perSable power and authority OF the,
! courts In securing 10 the public the
1 benefits Of the new statutes enacted IN
1 the present Administration, the ulti-
/ mate ,nstrumentality to be resorted TO
] is the courts f the United States II
/ now their authority Is 10 be weakened
I IT. a manner never known in the history
| OF the Jurisprudence OF England or
] America, except in the constitution OF
2 Oklahoma, how can We expect that suCn
! statutes viii have efficient enforcement
I Those who advocate this Intervention
Of a jury in such cares seem 10 suppose
] that this change in some way will lnUr6
only TO the benefit Of the poor working
man
i as a matter OF fact. the person who
VIII secure chief advantage from IL is
the wealthy and inscriptions defend
ant, able 10 employ astUte and cunning
counsel and anxious 10 avoid justice
A. nave been willing IN order 70 avoid
E popular but UutCunCed Impression
that judge, II Furnishing for cont tempt
OF his own order. may be affected by
\ personal feeling 20 approve law which
should enable the contemnor upon his
application TO have another judge sit
70 hear the charge Of contempt. but
this. with SO many judges as there are
available IN the Federal court. would
not constitute a delay IN the enforce
uent or the process
The character and efficiency Of the
, trial would be the same. II is the ma
= tUre and the delay OF jury trial in
81 n cases that those who would wish
70 DEFY the oroer OF the court would
rely upon as a reason for doing so.
To Avoid Anarchy.
, The administration Of justice lies At
, the foundation OF government. The
maintenance OF the authority OF the
courts is essential unless ve are pre-
, pared 10 embrace anarchy. Never in the
! history OF the country has there been
I such an insidious attack upon the
judicial system as the proposal 70 In
r terject a jury trial between all orders
; OF the court made after full hearing
[ and the enforcement Of such orders.
, The late panic disclosed a lack Of
- elasticity IN our financial system rms
I has been Professionally met by an act OF
4 the present Congress permitting the is
sue Of additional emergency bank rotes.
l and insuring their withdrawal when the
emergency has passed by a high rate
: of taxation II IS drawn in conformity
= Win the present system OF bank note
= currency. but varies from it in certain
respects by authorizing the use OF com
merciaI paper and bonds Of good S-edit,
e as well as United States bonds, as Sc
z curity for its redemption
It is expressly but a temporary meas
. ure and contains a provision for the an
2 pointment Of a cUrrenc- commission to
I devise and recOmmeni a new and re-
J formed system Of currency. This in
4 adequacy Of our present currency sys-
e TEN, due 10 changed conditions and
D enormous expansion. is generally recog-
5 niZed- The Republican platform well
- states that we must have a more elias
tic and adaptable system 10 meet the
/ ! requirements Of agricultUrists. manu-
2 facturers. merchants. and business men
! generally. must be automatic IN opera
D ton, recognizing the fluctuations in in
tereSt rates. IN which every dollar shall
@ be as good as gold. and which shall pre-
: vent rather than aid financial stringeacy
4 in bringing on a panic
I Postal Savings Bank
In addition 70 this. the Republican
! platform recommends the adoption Of a
a postal savings bank system n which,
y OF course, the Government would he