The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-12-07

far< not loo nrrh r. saw that. Sueakinr
generally. tie defects are less 81 tire
federal courts Than in tie state coartS
RHf they are very great ia the federal
courts The expedition With which hnsi-
ness IS disposed of both on the civil and
tHe criminal side Of English courts isuder
fuefiern uiles ~ procedure makes the
deiavs IN ouf oc0fis seem Archaic aud
hafbarous Tho procedure in The federal
courts should furnish an example for the
state saufts. ! presume il Is impossible
without an amendment 70 the constitr-
tidn Is apite under one form of action
tie proceedings al fomHan law aad pro-
esesfnxs h equity in The federal fHnts
nut Il + certainly NOT impossible hy N
statnte 10 simplify and make sAori aud
direct the procedure both at law and Ga
eauitN IN those courts II is not impos-
slhie to cut down stin more than It Is eut
down. the jurisdiction - the supreme
court. so IS To coniine IL almost wholly to
statutory and constitutional questions
Under the present statutes the equity
and admiralty procedure In the federal
courts IS under the control Of the su-
rrene court. but IN the pressure ot hissi-
ness 20 wbieh that court Is subjected Z
Is Impossible t. hope that a radical and
proper reform OF the federal equity pro-
cediire can be brought about ! therefore
recommend legislation providing FOR the
appointment by the president of com
mission with authority to examine the
law aud equity procedure OF the federal
courts ~ FIRST instance the law Of ap-
pesls from those courts TO the courts of
appeals aud to The supreme court. and the
costs imposed ia suth procedure upon the
private itigants and upon the public treas
ury and make recommendations With a
view 10 simplifying and eNpedtins tue
procedure as far as possible and making
It as Inexpensive as may be 10 the Iit-
CANT OF little means
lniunctlons Without Notice.
The platform OF the successful party IN
the last election contained the following
'Ths Republican party viii uphold az
all times the authority ana integrity 0f
tile courts state and federal ANA win
ever insist that their powers 20 enforce
their preaess and TO protect life liberty
and property shall be preserved tnVlolate
We believe. however. that the rules OF
procedure Ia the federal courts with re-
spect to the issuance of the writ OF in
junction should be more accurately de-
fined hs statute and that no Injunction
or temporary restraining order should oe
issued without notice. except where ir-
reparable Injury would result from delay,
to which case speedy hearing there
after should be granted
I recommend that IA compliance with
the promise thus made appropriate legis.
lation be adopted Tie ends or Justice
will best be met and the chief cause OF
complaint against ill-considered iniune-
tions without notice win be removed bv
the enactment OF a statute forhiddng
hereafter the issuing Of any injunction
or restraining order. whether temporary
a
without previous notice and reasonable
opportunity 10 be- heard on behalf Of the
parties 10 be enjoined: unless Il shall ap-
pear to the satisfaction OF the court that
the delay necessary 10 give such notice
and hearing would result IN irreparahle
injury - 'ne 1"'epialhane sl anp ul''ess aiso
Wy s.''lt' ,s,. p,' .,.,, ~. ,,
VI ii.,Vn io.'e, M 49," s,'A,' ~ ,'.. ", 49,
~ wy ~, sn'. !, .t,sa,. y, ',o,,',
s''u = ~, 49, i.'.'' ..,'e,, ~,
N w "''l MN
IN, .sui' ~, ,,i, ,sn,'e, ',,',' ~
~, ~ ,,,, j, !, ~ -. ~ Nv,
s Asa.,o,.,r e,..,,. ,,,.i, n, ,,t,,na,,n,,
..,,,. t'.,,, ,..t.,''t ~
's',e ',,o',t,,'i,,' ~, ~ a.
s6na,,s4 \, IL hsra sho,std ~. so,co N
nv sts,,,,e e,nire and bs ~ NJ sfyoc,
,es., s,,,, 49, Fa,, NJ ,.,.,',,,oe 49,,
,t, ,, ,,,e ,ass sis'in tl,st M
,,oS ,,hirb the ,o,,r, n,s,' ~ nnlnss
,,,al,,,, .,,,h sa,.ac ,t,,,y 81. s,,.b las 80
Nan the iniunet5p m ~ ,r,,er + extended
or renewed after previous notice ana on
portinity 10 be heard
NV judgment H that the passage of
such an act which realty embodies the
hest practice In equity and is very
like the rule now hi force IA some
courts win prevent tile issuing Of III
advised orders OF Injunction without
notice and viii render such orders
when ISSUED much less Objectionable
hy the short time ia which they may
remain efftctiVc
New l,aua Needed
s'..,'.
me lNrlsulcuVh ~ .ns seherul suVr
ernheh' over ihtelS'ate commerce nas
@ ieu 70 the paRSas"i ~ tne Sv-Satit
sherinan any sras. law sHa 'lle ln-
teEstate noHli',eies ~" ane ~ Hhheh"-
ments. ils peNeiVphen's - we oper-
huoh oi thpae iAMS' VI sipMn pY ~
dlotheiies, u'a's, juuiyiai DECISIONS I;
ana Diner sources q ihlv'hal'ph' fAn
ior uiseussion anu SUM suskesiloi'S
az 10 alhehuihehS' iftS' peief ~
seipu"uS SPft'a' theAsaAe lliat'ao
"f iHt7 uVlHk ihNh ~ IVY ht'Ff"i WI,
hunlea'lon. aug : shait avn ingse't
O. we hls1 NgiiNf,'isn' oPpVt 'ul,tS y
otlns lASSs s"N'sss9 " 'n0 attention W
~, A.. o,...,.. :. c.,...
Jan o. 'he O'ssr'ct o' Solupp'a'
MY pfedeeessof tranrn1''sa 70 me
~ lsos aeeompans'nk 'he report ~
commissioners 'nefetoiVte appointed 70
ltNesth",e W. ~ AHve7'' 49, ~
1he 3iA'llsl y 'oiunleih' ~ whieh n
uiFfetf" H'tenNiVH 81, ~ ''e ifppi' AZ "etr
hnk ioitn NiNiuAs'
the reaily outrageous eohuiuohs W
the Nofkhousc anu ltit.