The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

lay, In which case a speedy hearing
thereafter should be granted"
recommend that in compliance with
the promise thus made, appropriate leg
isation be adopted. The ends of justice
Will best be met and the chief cause
OF complaint against ill-considered in
functions without notice will be removed
by the enactment of a statute forbid
ding hereafter the issuing of any inJunc-
ton or restraining order whether tenn
porary or permanent, by any federal
court without previous notice and a rea-
sonable opportunity to be heard on be-
half of the parties to be enjoined; I'M
less it shall appear to the satisfaction of
the court that the delay necessary to
give such notice and hearing would re-
suit in rreparabe injury to the COM
plainant and unless also the court shall
from the evidence make written finding.
which snail be spread upon the court
minutes, that immediate and irreparable
injury is likely to ensue to the complain
ant, and shall define the injury, state
why 1t is irreparable, and shall also in
dorse on the order issued the date and
the hour of the issuance of the onder.
Moreover, every such injunction or re-
straning order issued without previous
notice and opportunity by the defendant
to be heard should by force of the statue
expire and be of no effect after seven
days from the issuance thereof or within
any time less than that period which
the court may fix, unless within such
seven days or such less period the njunc-
ton or order is extended or renewed
after previous notice and opportunity to
be 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 49, odxrica
ders of injunction without notice and
will render such orders when issued much
less objectionable by the short time In
which they may remain effective.
Antitrust and Interstate Commerce
Laws.
The jurisdiction of the general govern
ment over interstate commerce has led to
the passage of the so-called Sherman
antitrust law and the Interstate COM
MERGE law and its amendments. The
developments in the operation of those
laws, as shown by indictments. trials, 5u-
dicial decisions, and other sources of In
formation call for a discussion and some
suggestions as to amendments These |
prefer to embody in a special message
instead of including the min the present
communication, and l shall avail my
self of the first convenient opportunity
to bring these subjects to the attention of
Congress.
jail of the District of Columbia.
NY predecessor transmitted to the Con-
gross a special message on January IL,
1909 accompanying the report of COM
missioners heretofore appointed to IN
vestigate the jail workhouse, ETC., In
the District of Columbia, in which he
directed attention to the report as set
ting forth wildly, 1.-The really outrageous
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 approprating funds and enacting
the necessary legislation for the estab-
lishment of workhouse and reformatory.
No action, however, has been taken by
the Congress with respect to the jail,
the conditions of which are still anti
quated and insanitary. I earnestly rec
ommend the passage of a sufficient ap-
preparation to enable thorough remodel
ing of that institution to be made With
out delay. 1t is a reproach to the ma
tiona government that almost under the
shadow of the capitol dome prisoners
should be confined in building destitute
of the ordinary decent appliances requi-
site to cleanliness and sanitary condi-
lions.