Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-02-19
GRANT OF |NJUNCT|0NS
BILL INTRODUCED BY REPRE-
SENTATIVE MOON.
Generally Regarded as the Measure
Favored by Administration as
Redeeming Party Pledges.

! Representative r. o. Moon of Pennsyl-
vania, chairman of the House committee
| on revision of the laws, yesterday intro
| duced what is generally supposed to be
the administrations injunction bill. Mr..
Moon wouldn't say it was, but as he is
| known to have conferred with President
| Taft recently at great length, and as his
| standing as a lawyer and his conserva-
| tism are acknowledged. 1t is regarded as
pretty certain that this measure repre-
sents the Presidents views. Mr.. TAFT has
expressed much interest in this subject
and has declared he wanted to see It en-
| acted into law in as nearly perfect form
| as possible, In order to carry out the
pledges of the republican party in its lat
est platform. The bill undoubtedly will be
subjected to the most careful considera-
ton and scrutiny before 1t is passed.
Provisions of the Bill.
| The injunction bill is expressed in one
| page of typewriting, and provides that
no injunction, whether interlocutory or
| permanent. shall be issued by any federal
court or judge without previous notice
and an opportunity to be heard on behalf
of the arties enjoined; but il it shall APP
pear, to the satisfaction Of the court or
| made, that immediate or irreparable in
| jury is likely to ensue to the complainant,
and that the giving of notice of the ap-
.plication or the .elay incident thereto
would probably permit the doing OF the
act sought to be restrained before notice
could be served or hearing had thereon,
the court or judge may. In his discretion,
issue temporary restraining order with
out notice.
1t is required that every such order
shall define the injury, state why irrep-
arabic. and why granted without notice,
and shall not extend more than seven
| days from the time the notice is served
Difference From Other Bills.
THE differences between the Moon bill
and any other bill on this important sub
| ject that has been heretofore introduced
are RADICAL" said Mr.. Moon yesterday.
MY bill defines accurately the dlstinc-
| tion between the various phases of the
injunction process. 1t divides injunctions
proper into two comprehensive classes
interlocutOry injunctions and final in
junctiOn-and prohibits absolutely the is
suance of such injunctions without no
tice. 1t provides for what Is sometimes.
in present practice, indefinitely termed a
preliminary or temporary Injunction but
which is designated in the bill by its ap-
propriate title, restraining order.
AN important feature of the bill il that
it accurately and definitely defines the
two essential prerequisites of q restrain
ing order without notice: First by irrep-
arabic injury, and second by the addi-
tional requirement that the giving of no
tice or the delay incident thereto would
prevent the doing of the act sought to
be restrained before notice could be
given.
1T also requires that the judge. before
granting this order. shall judicially find
these facts. either from affidavits filed or
showing otherwise made. and shall spread
them on the records Of the court"