New-York tribune., 1910-03-09
TAFT " WANTS ACTION
on INJUNCTION BILL.
Passage Of Noon Measure
Necessary to Fulfil Pledge.

Washington. March S.-Presideu. Taft
TO-DAY made public copies Of letters ex-
changed between himself and Representa-
tive Moon, of Pennsylvania author OF the
administration dnti-iniuuCtion bill Mr..
Moon answers recent criticisms al the bill
by the National Association of Manu-
facturegS. and specifically accuses that or
gauizat5or OF having adopted an unfair
and pernicious method Of manufacturing
public sentiment
The President aGai2 urges the Importance
of The pending legislation and declares
that while the Moon Dill does not meet tbs
view If extremists on either side. it
shouH M adopted as carrying out one of
the platform pledges or the party. In his
letter the President says
My dear Mr. Moot. { nave YOUR letter of
Marc \ III vesr,e,- fu M provisions OF the
order and inju0Ctiou- 10y The federal
courts. have a-re2ot written YOU how
In. portaEt J regard this .egiSIatiOn and
how necessary fhiuA II is for Congress
10 adopt it in carrying OUt the pledges Of
th5 RepU5litah party and this although the
Jil' does not meet the views of the eX
tremists on either side. II merely embodIes
what is the best practice pursued by chan
ceiIors of ,Npcrj'r"e and actually adopted
by the rules Of some federal courts
concur with on fully in vour view 81
the injustice Of the criticisms in the state
ment 70 which YOU refer. and 70 which
ou offer So fGl' d reply Sincerely yours
WILLIAM u TAFT.
R~ferrIuc IN his letter 10 the President 10
q ciryrlat issued by the National Associa-
tiou of Manufacturers under the ca ption
\ Critua Sltu1tior Nj Moon declared
tina the statements made therein and the
iuie-urejat1or placed trer-o- are erroneous
and misleading and intended to create an
artificial public sentiment saj1st the pent -
ing measure.
E. saws that the "orIv provisions Of the
biIi that are the subject az criticism are
FIST rba one ruar ION fars upon rhe court
or rudse the power 20 issue restraining or
ders wttrout notice in certain cases: and
second. the one that provides that the re-
st-airinz order so issued shall expire with
in seven days unless action is taken by the
complainant to prosecute the same
.Restrairine orders without notice rest
to-day he says, mot upon the authority
m the law but upon the grace Of the chan
cellor, because rhe Constitution ~ the
United States and acts Of Congress having
vested the courts with equitable iurisdiC-
ton the equitable power of the Judge act
ing a. a chancellor 70 prevent irrepara BILE
mischief cannot he restrained by statute %
The merits Of the present bill. he says,
are that Il writes into the statute these
two clearly defined contingencies, and con
fers upon the federal judge bv law the
power 20 issue restraining orders without
notice whenever they are shown 20 exist.
and provides further that the nature of
the irreparahle injury and the reason for
granting the order without notice shall be
entered upon the records Of the court"
The uiU. he adds. does not impose upon
the complainant anything but a GEAR. rea-
sonabIe and equitable duty, but II does i'm
pose upon him the necessity for action He
cannot hold his adversary helpless and
without a hearing for an indefinite time"
The objects and advantages OF the bill ne
summarizes, saying that lit defines In ac-
curate legal terms the nature Of iniunctions
and distinguishes them from restra ming or
ders clothes the court with the 'tSal right
to issue restraining orders without notice.
without resorting 10 the exercise CT its in
hereut equitable powers 10 40 haI which
is forbidden by law defines the requisites
. that mast he made 10 appear 10 ,he court
as the Srouud FOR issuing the restraining
order without notice, requires thu issuance
Of the order 10 be indorstd upon II. and re-
quire> The reasons for its bein4, granted
without notice to ne spread al large upon
the record and thereby facilitate tha right
OF appeal. and requires the complainant 20
he reasonably vigiant in maintaining his
right 10 the remedy 10 he invoked