Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1908-08-01


q dispute was industrial gave any ba-
sis for issuing an injunction in refer
ence thereto.
The declaration seems to be drawn
in it's present vague and ambiguous
shape in order to persuade some people
that it is a declaration against the is
suing of injunctionS in any Industrial
dispute, while at the same time it may
be possible to explain to the average
plain citizen who objects to class dis
tinctions that no such intention exists
at all. Our position is clear and I'M
equivocal We are anxious to prevent
even an appearance of any injustice to
labor in the issuance Of injunctions,
not in a spirit OF favoritism to one set
of our fellow citizens, but of justice to
all of our fellow citizens. The reason
the power of injunction must be found
in the character Of the unlawful injury
and not in the character or class of the
persons who inflict this injury.
The man who has business which
is being unlawfully injured is entitled
to the remedies which the law has al
ways given him, no matter who has
inflicted the injuries. Otherwise, we
shall have class legislation unjust in
principle and likely to sap the founda-
lions of free government.
Notice and Hearing Before Issue OF
Injunction.
come now to the question of notice
before issuing an injunction It is a
fundamental rule of general jurispru-
dence 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 a defendant in effect to
maintain the StGtNs gao until hearing.
Such a process should issue only in
rare cases where the threatened change
Of the status gao would infict irrepara-
BILE injury if time were taken to give
notice and summary hearing. The I'M
lawful injury usual In Industrial dis
putes, such as / have described, does
not become formidable except after
sufficient time in which to give the de-
PENDANTS notice and a hearing. I do
not mean to- say that there may not be
cases even IN Industrial disputes where
a restraining order might properly be
issued without notice, but, generally,
think it is otherwise. In some State
courts, and in fewer Federal courts,
the practice of issuing temporary re-
order without notice merely
to preserve the. StGtaS quo on the theory
that it won't hurt anybody, has been
too common. Many of us recall that
the practice has been pursued In other
than Industrial disputes, as, for in.
stance, in corporate and stock contro-
versies like those over the Erie Rail-
road, In which stay order without no
ttce was regarded as step Of great
to- the one who secured IT.,
and a. corresponding disadvantage to-
the one against whom 1t was secured.
Indeed, the chances Of doing injustice
on an ex-parte application are much
increased over those when hearing is
granted, and there may be circum-
stances under which 1t may affect the
defendant to his detriment In the case
Of a lawful strike, the sending, of a
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
reluctant to go, into a. strike from con-
tinufng what is their lawful right. This
has made the laborihg man feel that
an injustice is done In the issuing of a
writ without notice. L 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 the man who believes himself to be
uniustly treated, as well as from. that
Of the community at large. L have sug-
gested the, remedy of returning in such
cases to the original practice under the
old statute of the United States and
the rules in equity adopted by the Su-
preme Court, which did not permit the
issuing of an injunction without notice.
In this respect, the Republican Conven-
ton has adopted another remedy, that,
without going SO far, promises to be
eff1cacious in securing proper consider
alton in. such cases by courts, by for
into legislative act the best
present practice.
Under this recommendation statute.
may be framed which shall define with
particularly, and empha-
size. the exceptional character of the
cases In which restraining orders may
issue without notice, and which shall
also provide that when they are is
sued, they shall cease to be operative
beyond a short period, during which
time notice shall be served and hear
ing had unless the defendant desires
postponement Of the hearing By this
provision the injustice which has some
times occurred by which preliminary
restraining order Of widest application
has been issued without notice, and
the hearing OF the motion for the In
junction has been fixed weeks and