Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-08-13

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 defendant Pin effect to
ing. Such a process should issue only
In rare cases where the threatened
change Of the status quo would inflict
irreparable injury If time were taken
to give notice and a 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 a hearing.
] do not mean TO say that there may
not be cases even In industrial dis
putes where restraining order might
property be issued without notice. but
generally, I think II In otherwise. In
some State courts. and In fewer Fed
eral courts, the practice Of issuing a
temporary restraining order without
notice merely 10 preserve the stotUs Qso
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, 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-
vantage to the one against whom II
was secured. Indeed, the chances Of
doing injustice on an ex-parte applica-
ton are much increased over those
when hearing is granted, and there
may be circumstances under which 1t
may affect the defendant to his detll-
ment. In the case of lawful strike.
the sending of 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 dis
courages men always reluctant to go
into q strike from continuing what is
their lawful right. This has made the
laboring man feel that an injustice is
done In the issuing of q writ without
notice. l 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
Of the man who believes himself to be
untustly 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 un-
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
30 Far, promises to be efffcacious.
Effect OF jury Trial.
Under such 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. 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 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 car
ried to the Court Of Appeals, and thence
to the Supreme Court, and judgment
and decree entered and an order Is
sued, and then II the decree involves
the defendants doing anything or not
doing anything, and he disobeys 1t. the
plaintiff who has pursued his remedies
in lawful course for years must, to So
cure hts rights, undergo the uncertain
ties and the delays Of q Jury trial BE-
fore be can enjoy that which Is his
right by the decision Of the highest
court OF the land I say without hesi-
tation that such change win greatly
impair the indispensable power and
authority of ths courtA In securing TO
the public the benefits Of the new stat
utes enacted IN the present Admins
tration, the ultimate tnstrumentaifty 30
be resorted to n the courts Of the Unit.
ed 6tatea II DOW their authority b to
be weakened fn q manner newer known
tn the history Of The Jurisprudence Of
England or America. except IN the con-
stftut1on OF Oklahoma, how can we ex-
pect that such statutes win have effi-
ctent enforcement Those who affvo-
catB this Intervention Of jury In such
cases seem 10 suppose that this change
Tn some way will inure only 10 the ben
eft Of the poor workingman- Az a
mGtt1 OF fact the person who VIII se-
cure chief advantaSs from II II the
wealthy and unscrupulous defendant,
able TO emphr- xute and cunning
COUNSEL and - 10 avoid justice.
The adm ratim Of Justice lies at
the foundation q government. The
maintenance of the authority Of the
courts n essential unless we are pre-
pared TO embrace anarchy. Never In
the history Of the country has there
been such an fnsidious attack upon the
judicial system as the proposal to inter
Ject jury trial between all orders Of
the court made after fun hearing and
the enforcement OF such orders
The Currency System
The late panic disclosed a lack Of
elasticity In our financial system. This
has been PROFESSIONALLY met by an act
Of the present Congress permitting the
issue Of additional emergency bank
notes. and insurfng their withdrawal