New-York tribune., 1908-07-29

-. nd vet those responsible fo- the declara-
noI -aJ-e5 t4sr the fact that dispute was In
ee~--ial gave any basis for issuing an ln]nhc-
t,o- IN reference thereto
-.e celebration seems to be drawn IN It's pres
=. TssT,- and ambiguous shape in order TO per-
80 some people that It is a declaration
srainst the issuing of injunctions IN any nous
~ sis-,Jte while at the time IL may be
~.1-,ble 70 expisiu 20 the average plain citizen
- ohtects 10 class distinctions that no such
e-+e-tion exists at all Our position is ciear enc
ulle-syocaJ We are anxious prevent even
- snrearance OF any injustice 70 labor In the
sr--snce OF intunctions not IN a spirit or faVor-
- 20 me set Of our fellow citizens. but OF
s,ica tc all OF our fellow citizens. The reason
- exercising or refusing to exercise the power
- i1function must be found IN the character
- he unlawful injury and not IN fhe character
= cIass of the persons who infiict this injury.
-15a man who has & business which is being
i.z~rllv injured is entitled to the remedies
as-h the law has always given him. no matter
- hss inflicted the injuries Otherwise We
Lsr have class legislation unjust In principle
en5 likely 10 sap the foundation OF Tree gov
eminent
N,,ioe and Hearing Before Issue OF Injunction
-,-,s now TO the question Of notice before
=. =, Injunction 1t is q fundamental rule
- -e-a-sI jurisprudence that no man shall be
o.xaste6 nv q judicial proceeding without notice
- bearing This rule. however. has sometimes
81 an exception in the issuing Of temporary
-es+-sining orders commanding defendant IN
-arr 70 maintain the status quo until near
c-rh 8 process should issue only IN rare
.s I-here the threatened change Of the status
. --o,,l6 tnffict irreparabIe injury II time were
esEen 10 give notice and a summary hearing
- -,Iezf7Il r11Iry usual in Industrial disputes.
ch as have described. does not become for
sssebIe except after sufficient time in which 10
IL. 4he defendants notice and a hearing. do
e. mean 10 say that there may not be cases
- n Industrial disputes where restraining
o-6e- might properly be issued without notice'
o. generally I think II is otherwise In some
~. courts and in fewer federal courts the
e--.;cs of issuing temporary restraining or
T. u1thout notice merely TO preserve the status
hat T--rN~7F
=. baar 100 common. Many of us recall that
= - --.r+i~e has been pursued in other than IN
..-[-ieI disputes as. for instance, in corporate
- s+ock controversies like those over the Er1e
5.lroed IN which q stay order without notice
- -e1arde7 as q step Of great advantage TO
-. onA who secured II and 2 corresponding dls-
L--e---.-e L-e n the one against whom II was Sc
-s5 Indeed. the chances Of doing injustice on
.1 sr narre application are much increased over
SC when G hearing IS granted, and there may
= -t-c,,--srs noes under which II may affect the
sse-5anr 70 hts deJrimert- In the case of a
1s--s-i strike the sending Of formidable docu-
-,s-- restraining number OF oerenoaI1Is from
- g-ast many different things whiCh the
t-t-+s@ ayers they are threatening To do often
- Encourages men always reluctant to go into
= .--ite from continuing what is their lawful
s-+- This has made the laborirg r1aI feel
.bs+ an Injustice is done in the issuing OF
-1+ V-ithout notice. I conceive that in the
.se--,ert Of this question II is the duty Of the
i+tvs1 and the legislator 10 view the subject
ron the standpoint OF the man Who oeheNes
[4--.I< - ne 1-nfJstlv treated well as from
80 ~ The community at large l have sug-
-scra5 ire remedy Of returning IN such cases TO
fhe original practice under the old statute OF
-ss T-7iTed states and the rules in equity adopt
- Lr -he SUprerue Court. which did not permit
tLe issuing of an Injunction without notice In
+bie respect the Republican convention has
sso,.e5 another remedy, that without going so
4s- promises 70 be eflcactous IN securing proper
consideration IN such cases by courts. by FOR
-nulating into legislative act the best present
f-nje- this recommendation q statute may be
--sr7ed which shall define with considerable
~-a n
character Of the cases in which restraining or
5e-s 77av issue without notice. and which shall
also provide that when they are issued they sna!I
cssse "a BE- operative beyond a short period,
during which time notice shall be served and
hearing had unless the defendant desires e post
roner7eut Of the hearing. BY this provision the
Injustice which has sometimes occurred ny
which preliminary restraining order OF Wioest
application has been issued without notice, ana
me hearing n the motion for the Injunction mas
beer fixed weeks and months after its date.
could Tecur-
Small Number OF Cases Furnishing Grounds for
Complaint in Federal Court.
The number of instances in which restraining
orders without notice in industrial oisputes
have issued by federal courts is small, ano X Is
urged that they do not therefore. constitute an
evil n re renedied by statutory amendment
The small number OF cases complained OF aooVe
shows the careful manner IN Vhicn most 1eoeTal
Judges have exercised the Jurisdiction but the
belief that such cases are numerous has oeen so
widespread and has aroused such feeling OF IN
justice that more definite speclncatlon IN pro
cedure u prevent recurrence OF them Is Justlreo
4 Il can be effected without injury 70 the ad-
r1inisrTatIon of the law.
Nc Provision in Democratic Platform to
Notice; Only Recommendation Trial by Jury.
With respect 10 notice. the Democratic plat
form contains no recommendation. Its only IN
telgfble declaration in regard to injunction
suits Is Z reiteration Of the plank in the plat
forms of 1895 and 1904 providing that IN prose
cutons for contempt in federal courts. where the
violation ~ tie order constituting the contempt
charged * indirect. e outside Of the presence
q The courr-there shall be jury trial
Dangerous Attack Power of Courts.
This provision in the platform of 1896 was re-
gzrded then as most dangerous attack upon
The power 0f the courts 70 enforce their orders
and decrees. and il Of the chief reasons
for TIE defeat Of the Democratic party in that
contest as II ought 70 have been The extended
operation Of such provision to weaken fhe
power ~ the courts in the enforcement of their
lawful orders can hardly be overstated
Effect of Jury Trial.
Under such provision q recalcitrant witness
who refuses 70 obey Z subpoena may insist
jury trial before the court can determine that he
juror and refusing 70 obey the writ when
brought INTO court must be tried by another jury
70 determine whether he got the summons.
euch e provision applies not alone TO in1unc-
ions bUt 70 every order which the court issues
against persons SUIT may be tried IN the
court q first instance ard carried 70 the Court
q Appeals. and thence 20 the Supreme Court.
eno e Judgment and decree entered and an order
Issued. and then If the decree involves the de-
1e1ca7-s doing anything not doing ANYTHING
ano he disobevs Il. the plaintiff who has pursued
us remedies IN lawful course for years must,
Secure his rights. undergo the uncertainties and
Ele oelays % jury trial before he can enjoy
maj which is his right by the decision Of the
i.ighes- court of the land I say without hesita-
s'on that s1ch 2 change VIII greatly impair the
-nolspersable power and authority OF the courts.
u securing 70 the public the benefits Of the new
statutes enacted in the presen: administration
ne ultrste instruulentalitv 10 be rAsorted 10 is
~ ~ba ---s- -=I