The Montgomery advertiser., 1908-07-29
Speech of William IF Tah
 Accepting the Nomination

generally, think 1t is otherwise. Tn some State courts, and in fewer Federal courts. the practice of a temporary re- l straining order without notice merely
 # sns the bs9t S bss too common. Many of us recall that the practice has been pursued in other than industrial disputes, as. for in- versies like those over the. Erie Rail- road, in which a stay order without notice was regarded as a step or great advantage to the one who secured it. and a corresponding disadvantage 10 the one against whom It was secured. Indeed, the chances of doing injustice on an ex-parte applicaton are much increased over those when a nearing stances under which 1t may affect the defendant to his detriment. In the case of lawful strike, the sending of a formidable document restraining great many different things which the plaintiff ayers they are threatening to do,s often so disoourages men always reluctant to go into a strike from con. turning in such cases. to the original This has made the laboring man feel that an injustice is done In the issuing of a writ without notice. I 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 unjustly treated, as well as from that of the community at large. have suggested the remedy of re- turning in such cases to the oriiEnal practice under 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 tn- Junction without notice. In. this re- spect, the Republican Convention has adopted another remedy. that, without goin~ so far, promises to be efficacious in securing proper consideration In such cases by courts, by formulating into a legislative act the best present practice.
 Under this recommendation. a statute may be framed which shall define with considerable particularity. 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 short period, during which time notice shall be served and hear ing had unless the defendant desires a postponenent of the hearing. By this provision the injustice which has liminary restraining order of widest appiicAtiSn has been issued without notice, and tine hearing of the motion fer the injunction has been fixed weeks and months after its date. could not recur.
 Small Number of Cases Furnishing
 Grounds For Complaint in Federal
 Court.
 The number of instances in which restraining orders without notice in industrial disputes have been issued by Federal courts is small, and it is urged that they do not therefore com stitute an evil to be remedied by statu- tory amendment. The small number on cases complained of above shows the careful manner in which most Federal judges have exercised the Jurisdiction, but the belief that such cases are numerous has been so widespread and has aroused such feeling of injustice that more definite specification in pro- cedure to prevent recurrence of them Is Justified if 1t can be effected with out injury to the administration of the law.
 No Provision In Dem0crntic Platform
 as to NOticeB Only Rec0mmenda-
 taon Trial By Jury.
 With respect to notice, the Demo- cratic platform contains no recom- mendationS It's only sintelligfble declaration in regard to injunction suits Is reiteration of the plank in the plat form of 1896 and 1904 providing that in prosecutions for contempt in Federal Courts. where the violation of the order constituting the contempt charged is indirect, i. G., outside of the presence