The daily sentinel., 1909-12-07

constitution, 10 unite unQer one form
of action. the proceedings at common
law and proceedings in equity in the
federal courts, but 1t is certainly not
Impossible by statute TO simplify
and make short and direct the pro-
ceedure both at law and in equity in
| those courts. 1t is not impossible TO
cut down still more than ii is cut
down, the jurisdiction of the supreme
court so as to confine it 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 supreme court, but in
the pressure of business to which
that court is subjected, it is impos-
sible to hope that a radical and prop
er reform of the federal equity pro
cedure can be brought about.
therefore recommend legislation pro-
viding for the appointment by the
president of a commission with au-
thority to examine the law and equity
procedure of the federal courts of
first instance. the law of appeals
from these courts to the courts of
appeals and to the supreme court, and
the costs imposed in such proceed
ure upon the private litigants and
upon the public treasury and make
recommendation with view to sim
plifying and expediting the proceed
ure as far as possible and making 1t
as inexpensive as may be to the liti-
gants of little means.
Iunjunctions Without Notice.
"The platform of the successful
party in the last election contained
the following:
The republican party will up
hold at all times the authority and
integrity OF 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-
lieve however, that the rules of pro-
cedure in the federal courts with
respect to the issuance of the writ of
Injunction should be more accurately
defined by statute, and that no in
Junction or temporary restraining Or
der should be issued without notice,
except where irreparable injury
would result from delay, in which
case speedy hearing thereafter
should be granted
i recommend that in compliance
with the promise thus made, approp-
riate legislation be adopted The
ends of justice will best be met and
the chief cause of complaint against
ill-considered iniunctions without no.
tice will be removed by the enactment
OF statute forbidding hereafter the
Issuing Of any injunction or restrain
ing order, whether temporary or per-
manent, by any federal court, with
nrnyjnnc nd L.
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 hearing would re-
suit in irreparable injury to the COM
plainant and unless also the court
shall from the evidence make a writ
ten finding. which shall be spread
upon the court minutes, that immed-
late and irreparable injury is likely
to ensue to the complainant, and
shall define the injury, state why it
is irreparable, and shall also endorse
on the order issued the date and the
hour of the issuance of the order.
Moreover, every such injunction or
restraining order issued without prev
ious notice and opportunity by the
defendant to be heard should by
force of the statute 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 injunc-
tion 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 prevent the issuing of i'll
advised orders of Injunction without
notice and will render such orders
when issued much less Objectionable