The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1909-12-08
REFORMS FOR THE COURTS.
Legislation Urged Against Injunc-
lions Without Previous Notice.

Legislation urged Against 1njunc-
lions Without Previous Notice.
The platform Of the successful party
in the last election contained the fol-
lowing:
The Republican party will uphold
/ at all times the authority aud integrity
of the courts. state aud federal. aud
will ever insist that their powers to
enforce their process aud to protect
life. liberty and property shall be pre-
! served inviolate. We believe. however,
| that the rules of procedure in the
federal courts with respect to the is
suance of the writ Of injunction should
| be more accurately defined by statute
and that no injunction or temporary
restraining order should be issued
| without notice. except where irrepara-
BILE Injury would result from delay. In
which case a speedy hearing there
after should be granted" xxx.
recommend that In compliance with
the promise thus made appropriate leg
| isation be adopted The ends OF jus
tice will best be met and the chief
cause of complaint against Ill consid-
| cred injunctions without notice will be
removed by the enactment of statute
forbidding hereafter the Issuing OF any
injunction or restraining order. wheth-
er temporary or permanent. by any
federal court without previous notice
and a reasonable opportunity to be
heard on behalf Of the parties to be
enjoined unless 1t shall appear to the
satisfaction of the court that the delay
necessary to give such notice and hear
ing would result III irreparable injury
to the complainant and unless also the
court shall from the evidence make a
written finding. which shall be spread
| upon the court minutes, that iname.
dlate and irreparable injury is likely
to ensue to the complainant and shall
define the injury, state why 1t Is ir-
reparable and shall also indorse on the
order issued the date and the hour
OF the issuance of the order. More
over, every such injunction or re-
stralning order issued without previ-
Gus notice and opportunity by the de-
PENDANT to be heard should by force
OF the statute expire and be OF no ef-
feet after seven days from the issu-
nnce thereof or within any time less
than that period which the court may
Xix unless within such seven days or
such less period the Injunction or
order is extended or renewed after
previous notice and opportunity to be
heard
My judgment is that the passage OF
ouch an act, which really embodies
he best practice In equity and is very 4
Ike the rule now In force In some
ourts. will prevent the Issuing of III Il
advised orders Of injunction without
notice and will render such orders
when issued much less Objectionable
by the short time in which they may
lremain effective.
Anti trust and interstate Commerce
Laws.
The jurisdiction of the general gov.
Iernment over Interstate commerce has
led to the passage of the so called
Sherman antitrust law" and the lin
lterstate commerce law" and its
amendments. The developments In the
operation of those laws, as shown by
trials. judicial decisions
and other sources of information, call
for discussion and some suggestions
as to amendments. These / prefer to
in special message instead
OF including them In the present com
munication, and shall avail myself
or the first convenient opportunity to
bring these subjects to the attention of |
congress.
Jail of the District Of Columbia.
My predecessor transmitted to the |
congress special message on Jan. II. |
1909. accompanying the report of com.
missioners Heretofore appointed to In
vestigate the Jail. workhouse, etc, In |
the District Of Columbia. In which he
attention to the report as set
ting forth wildly the really out
rageous conditions in the workhouse
and Jail"
The congress has taken action In pur-
suance of the recommendations of that
report and Of the president to the ex-
tent OF appropriating funds and enact
Ing the necessary legislation for the
OF workhouse and re.
tormatory. No action, however, has
been taken by the congress with re-
spect to the jail, the conditions of
which are still ANTICIPATED and insani-
larry. | earnestly recommend the pas
'age of sufficient appropriation to en-.
ibe a thorough remodeing Of that in
'titutlon to be made without delay, 1t
s reproach to the national govern
nent that almost under the shadow Of
he capitol dome prisoners should be
confined In building destitute of the
ordinarily decent appliances requisite
o cleanliness and sanitary conditions.
SECOND CLASS MAIL MATTER.
IN u0as+od Thai nj, rso,;Nae ard De- |