Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-02-28
APPROVES THE
\ JU CT|ON
MEASURE
Writes Strong Letter to Con-
gresham Moon Endorsing
His Bill the Missouri Pacific
Must Operate Kansas Branch
Morning. Journal Bureau.
Gi3 Munsey Building,

Washington, y. G., Feb. 2t--
The court Injunction bill introduced
In the house a few days ago by Con-
gresham Moon Of PENNSYLVANIA has
received the strong official indorse-
mont of President Taft. In. a letter
to Mr. Moon, the, president says;
Il have examined the bill prepared
BY vnu in respect 10 the procedure to
obtain in the federal courts in the
matter of issuing preliminary ~injnnc-
tons and restraining orders | am
glad to say hat it seems to me TO be
IN exact compliance with the plank IN
the republican platform.
Congressman Madison Of Kansas
introduced "A bill which seemed to
me, also, to comply with the require
ments OF the platform, but h ad-
vantage which your bill has over his
Is that YOU recognize distinction
which has always been recognized IN
the federal courts and in the statutes
respecting the jurisdiction IN the
federal courts between final inJunc-
tons, interlocutory injunctions and
restraining orders. and state with ex-
actncss the ground Of equity 1urlsdic-
tiun and tho reason for the eNtraor-
binary remedy; and II Is, of course,
OF very great Importance that in leg
islitiOn you should continue those
NAAH wa W 49, ~ NV
fuily recognized by h courts. ] sin
cerely hope that this bill Viii be
promptly reported from the commit
tee and as promptly passed without
amendment"
Mr.. Moon said. in an interview With
the Morning Journal correspondent
THE president agrees with me that
the bill goes as far as congress has
the power la 20 under the constitu-
fi.t, a.. ltA.ifi,tr TIA hla AnkWgY Ar
the court, and goes farther IN this di-
rcction than prudent judges have gone
for more than "A century. Many bills
heretofore introduced base Tx re-
str4inins power Of the court solely
uron the grounds Of ~irreparable in
jury, and. generally speaking. ire
parable injury Is an Indispensable
ground Tor general. equity jurisdiction
and will not Of itself warrant the
granting of a restraining order With
olt notice. This bill adds the addi-
tional prerequisites, viz, that the CIV
ing OF notice and the delay incident
thereto would allow the doing of the
act sought to he restrained
when these two conditions cock
Isl no statute stay the preventive
OF the chancellor. The act of
1898 provided in express terms that
injunctions should be issued with
WV AAAAi'A anu ~ wv a. 10y 49,
federal courts did not hesitate to
restraining orders exparte when
the immediate preservation of prop
rights demanded IL. The present
of 1872 Is equally mandatory, but
the practice Of the courts IS substun-
uniform in disregarding the stat
utory prohibition and preserving the
statii uup by d restraining order With
notice. when dquitN and good con
peremptofaly require ill.,
~
The supreme court OF the United
states has handed down an important
decision in q case in which 1t upholds
the Judgment of the supreme our of
Kansas In issuing an order 10 compel
The Missouri Pacific Railway CONF
paltN to operate a passenger train
from Madison. Kan. 60 the Kansas
Missouri state line. The constitutions
ality of the law creating the railroad
commission OF Kansas is upheld. The
contention of the railroad company
Was that the operation OF the train
in question WAS a loss to the road.
and thar. therefore. II WIS confistiCa-
oi property TO compel IL to oper-
u. but the supreme court Of the
l nited states TOOK a broader view el
the matter.
10 held that even ii this particular
train was operated at "a loss To the
road. the question oil ronfiscation rest
ed on the earnings of the entire sys-
and not on the question OF
whether this single train was losing -
money u held, further, That The rail-