The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1909-12-16
Injunctions.

Injunctions.
In view OF the fact that diligen
effort was made in the last campaigr
for President OF the United States +,
use Mr.. Taft's so-called attitude to
ward labor against him, 1t is no
amiss now to quote here that part o
his first annual message to Congress
on the subject, in connection wit!
the plank OF the national platform
OF the Republican party relating
thereto. The platform says.
The Republican party will uphold
at all times the authority and in.
tegrityof the courts, State and Fed
: eral and will ever insist that their
powers to enforce their process and
to-protect life, liberty. and property
shall be preserved inviolate. We be-
lieye, however. that the rule of pro-
cedure in the federal courts with
respect to the issuance of the writ
of injunction should he more accu.
rately defined by statute, and that
no injunction or temporary restrain
ing order should be issued without
notice, except where irreparable in
jury would result from delay, in
which case a speeding hearing there
after should lie granted"
After quoting the plank of injunc-
tons, President Taft said in his
message:
II recommend that in compliance
with the promise thus made, appro.
pirate legislation be adopted. The
ends of justice will best he met and
the chief cause of complaint against
ill-considered injunctions without
notice will be removed by the enact
ment of statute forbidding hereaf-
ter the issuing of any injunction or
restraining order whether Temporal
ry or permanent. by any federal
court. without previous notice and a
reasonable opportunity to he heard
on behalf of the parties to he en-
joined; unless it shall appear to the
satisfaction of the court that the de-
lay necessary to give such notice and
hearing would result in irreparable
injury to the complainant and unless
also the court shall from the evf-
dence make a written finding, which
shall be spread upon the court min
utes, that immediate and irrepara-
BILE injury is likely to ensue to the
complainant, and shall define the in
jury, state why it is Irreparable. and
shall also endorse on the order is
sued the date and the hour of the
issuance of the order. Moreover, ey-
cry such injunction or restraining
order issued without previous notice
and opportunity by the defendants
to be heard should by force of the
statute expire and be of no effect
after seven days from the issuance
thereof or within such seven days or
such less period, the injunction or or
der is extended or renewed after pre-
vious notice and opportunity to he
heard
My Judgment is that the passage
OF such an act which really embodies
the best practice in equity and is very
like the rule now in force in some
courts will prevent the issuing Of all
advised orders of injunction without
notice and will render such orders
when issued much less Objectionable
by the short time in which they may
remain effective"
1t is apparent President Taft fully
comprehends and believes in the in.
junction plank of the platform and
he defines his position on this sub.
iect clearly. While the law asked
iect clearly. While the law asked 70,
ical as some demand, yet it mus
be conceded by all that it will he ;
long stride in the direction OF guar
anteed rights to labor.