Norwich bulletin., 1909-12-08
REFORMS FOR THE COURTS.
Legislation Urged Against Injunc. tions Without Previous Notice.

Legislation Urged Against Injunc-
 tions 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 and integrity of the courts, state and federal, and will ever insist that their powers to enforce their process and 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 1rrepara- bIe injury would result from delay, in which case a speedy hearing there after should be granted"
 I recommend that in compliance with the promise thus made appropriate leg islation be adopted. The ends of jus tice. will best be met and the chief cause of complaint against i'll consid- cred injunctions without notice will be removed by the enactment of statute forbidding hereafter the Issuing of any injunction or restraining order, wheth- CT 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 it shall appear to the satisfaction of the court that the delay necessary to give such notice and hear ing would result in 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 imme- diate and irreparable injury is likely to ensue to the complainant and shall define the injury, state why it 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- straining order issued without previ- ous notice and opportunity by the de- fendant to be heard should by force of the statute expire and be of no eff feet after seven days from the issu- ance thereof or within any time less than that period which the court may fix 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 such an arr, 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 i'll 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.
 Anti trust and Interstate Commerce Laws.
 The jurisdiction of the general gov ernment over interstate commerce has led to the passage of the so called Sherman antitrust law" and the "in- terstate commerce law" and its amendments. The developments in the operation of those laws, as shown by indictments, trials, judicial decisions and other sources of information, call for a discussion and some suggestions as to amendments. These I prefer to embody in a special message instead of including them in the present com munication, and I shall avail myself of 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 a special message on Jan. Il 1909. accompanying the report of com. missioners heretofore appointed to in vestigate the jail. workhouse, etc, in | the District of Columbia, in which be directed attention to the report as set. ting forth vividly ''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 thu establishment of a workhouse and re formatory. No action, however, hal been taken by the congress with re spect to the jail, the conditions ol which are still antiquated and insani tary. I earnestly recommend the pas sage of sufficient appropriation to en able a thorough remodeling of that in stitution to be made without delay. I is a reproach to the national govern ment that almost under the shadow o the capitol dome prisoners should b' confined in a building destitute of thu ordinarily decent appliances requisit' to cleanliness and sanitary conditions. cCnnNn nILcc NAH MATTED