The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1908-07-29

laers NAV issue without notice, and
which shall also provide that when
they are issued, they shall cease to
be operative beyond short period
Outing which time notice shall be
Iservcd and a hearing had unless the
defendant desires a postponement OF
the hearing BY this provision the in
| Justice which has sometimes occurred
| by which preliminary restralnn (
order Of widest application has been
issued without notice, and the hear
inP OF the motion for the iniun,tion
has been fixed weeks and months
after its date, could not recur.
Small Number OF Cases.
The number of instances In which
restraining orders without notice in
industrial disputes have issued by fell
era, courts Is small. and 1t is urged
,thai they do not therefore constitute
ian evil to be remedied by statutory
amendment The small number OF
cases complained OF above shows the
careful manner in which most federal
judges have exercised the jurisdiction
but the belief that srch cases are
numerous has been widespread and
has aroused such Telling of injustice
THAT more definite specification In pro
cedure to prevent recurrence of then
| Is justified ii IL can be effected with
OUT injury to the administration Of
| tn law
No Provision in Democratic Platform.
With respect to notice, the Demo
cratic platform contains no recon
Imcndution. It's only inteilgible der
laration In regard to the iniun.tion
suits is a reiteratIon of the plank in
the platform OF 1896 and 1904 proyid
ling that In prosecutions for contempt
| In federal courts, where the collation.
OF the order constituting the contempt
lcEarged is indirect l. e.. outside OF
| the presence of the court, there shalt
be a jury trial.
Dance fous Attack on Power OF Courts,
| THIS provision In the platform 81
| 1890 was regarded then as a nest
dangerous attack ,:pon the power OF
1.-THE courts to enforce their orders and
1dccrees, aud 1t was one of the chief
Ircasons for the defeat OF the Demo
Icratlc party In that contest as i
fought to have been. The extended
Ioreration Of such provision 70
weaken the power of the courts IN
the enforcement OF its lawful orders
lean hardly be overstated.
Effects Of Jury Trial.
Under srch provision q recall
ciirant witness who refuses TO obey
a subpoena may insist on a jury trial
before the court can determine that
hc received the subpoena. A citizen
IsNmmoned as juror and refusing to
LOBBY the writ when brought into court
must be tried by another jury to d..
ltcrmine whether he got the summons
lSrch 3 provision applies not alone II
ia functions, but to every order which
, 1.-THE court issues against persons, A
Isnit may be tried In the court Of frsi
, Instance and carried to the court Of
lappea's and thence TO the supreme
court and q judgment and decree en-
tered and an order Issued. and the
NJ the decree Involves the defendant !
dong anything or not doing anything
AID ne disobeys II the plaintiff wht
has pursued his remedies In Lawful
Course for years must, 10 secure Ills
rights. undergo the uncertainties an,
the delays OF a jury trial before HI
can enjoy that which is his right b.
the decision of the highest court o
the land. ! say without hesitate l
that such a change will greatly impair
the Indispensable power and authority
OF the courts. In securing to the pub
lie the benefits of the new statutes
eEatted in the present administrator
the ultimate fundamentally To be re
Isorted 10 Is the courts of the United
Estates. If now their authority Is tc
be Weakened in manner never
IknCwn In the history OF the juris
prudence of England or America, ex
lcept In the constitution of Oklahoma
how can we expect that such statutes
VIII nave tiltitHA enforcement
Those who advocate this intervention
OF jury in srch cases seem to sup.
Ipose that this change In some way
win inure only To the benefit of the
lpoor working man As matter Of
fact, the person who will secure chief
ladS from ii Is the wealthy and
Iunscrupulous defendant. able to EN-
Iploy astute and cunning counsel and
I8INious to avoid justice.
| have been willing, in order to
ayoid a popular but uniounded impress.
sion that Judge, in Furnishing for
lcontempt Of his own order. may be
Ianected by personal feeling, to ap.
prove law which should enable the
eoEtemnor upon his application to
have another Judge sit TO hear the
lehargc of contempt but this, with so
many judges as there are available in
the federal court. would not constitute
a delay in the enforcement of tie
process The character and efficiency
lof the trial would be the same Ii is
the nature and the delay of a mry
,tfia, IN such cases that those who
would wish TO defy the order of the