Mexico weekly ledger., 1908-07-16
EnnERAL I-NJuNcrroNs.

While on the subject OF courts, and as
apropos Of Il. ] will say a word about
the abuse Of judicial process By some OF
the Federal tribunals. As a rule. l be-
lieve that judges Of the inferior courts of
the United States are men OF liberal
learning and high character, and that
Bcientious regard TO both public and
private right. But undoubtedly some Of
these Judges conduct themselves offiei-
ally after a fashion that does no credit
20 the Judiciary. They are too often au'
focratic and tyrnnnical, and what II
worse, sometimes also apparently sub
servient The abuse by some Of these
Judges Of the writ OF Injunction has be-
come the subject OF almost universal
complaint. II Is said that Secretary
Taft, while a Federal Judge. leveiied
this writ without great provocation. end
on an ex parte hearing. against work
ingmen, and used Il with drastic energy.
1t Is frequently used IN that way TO
break the backbone Of a labor strike,
quence, IL is often used to set aside and
nullify the solemnly enacted statutes OF
sovereign states. Undoubtedly. to my
thinking, this process has been often
outrageOusly misused- l heartily agree
that the authority Of the courts should
be upheld, and ! would not be too quick
In trenchtng upon their jurisdiction Per
eonal and property rights must be PRO
tected against riotous or unlawful tntru-
sion of any kind. and not even a state
or the nation should be permitted to eX-
act from a citizen property or service
without just compensation. On the other
hand. | do not believe that the liberty Of
action Of a citizen or a body Of citizens
should be arrested, or the law Of a state
practically set aside, without q hearing
first had and obtained When the rail-
roads petitioned a Federal judge to en-
Join the enforcement of the Missouri
statute establishing a two-cent passenger
rate, the Judge said to the counsel:
"Gentlemen, the solemn enactments
Of the State Of Missouri are entitled
to some consideration, and ! VIII not
enjoin the enforcement of this state
law, restraining the officers OF the
sovereign state Of Missouri ] viii ali
low 1t to be in operation for some
fine and see II it conflscates your
property, as you say"
Those were wise words. wisely spoken.
1t was a correct rule Judge Mcpherson
enunciated, although l am told II is q
rule he more often onors in the breach
than the observance. b Is the rem
edy2 One thing at least should be done
we should return to the old law and
provide for notice and a hearing before an
injunction can issue By the act OF lisl
fl was provided that notice should be
given by Federal judges before the Is
suance Of a temporary restraining orcei
or injunction. That remained the law q
the land for s~eyenty-ntne years. In BE-
the provision requiring notice before ths
issuing Of an injunction was dropped
from the statute. inadvertently as SONS
claim, d~esignedly as others claim. Tht
rule requiring notice worked sathsfactor
fly for more than three quarters OF
century. II Is a right rule and ought Z
be restored to the statutes: THOUSANDS
of men, both republicans and democrats.
among them many eminent officials ol
the states, ave been demanding the re-
storation Of this RUE, but somehow ane
in some way there has always been q
powerful, i~nsinuating Influence creepint
around the halls of Congress and abouI
the precincts OF the White House potent
enough 10 block all legislation on tn
subject. In the current Republican TAI
platform / find this deeiaration;
I'VE believe that the rules Of pro
ceduFe in the Federal courts, with
respect TO the Issuance Of the wri
of injunction, should be more ac
~curately defined by statute. n that NJ
Injunction or temporary RESTRAINING
order should be issued without notice
except where irreparable injury woul'
result from delay, in which case I
speedy hearing thereafter should b
granted"
Many eminent republican senators an'
representatives, including my distin
guished colleague, were members Of In
Committee which framed that platform
Tbs ~enunciation Is meaningless as J
does no more h declare for the laY
as 1t IL. For years these senator's an
with a great party majority in bot
houses around them, n although man.
state legislatures, governors. ana Brta
organizations memoriaiized them to. en-
act legislation upon this line, they hay
resolutely persisted in doing nothinl
nc YOU think that the election OF Tai
and another Republican Congress woul
fnfuse a different and better splri
among them? Or do you suspect tina
this platform declaration is put forth I
fool the people and allay the antagon
ism excited by long resistance to a jus
Dubiic demand7 1t has been said tina
while ali the people cannot be fooled al
the time, some Of them can be foole'
ali the time. How many. blinded b.
nartiFan zeal or coerced by ~tyrannica
threatening. will again drift, hopinI
against hope, in the republican curren
10 the sure vortex Of another bitter dis
appointmentf