New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-05
NEW j. S. COURT RULE
A TRIUMPH FOR LABOR
Sweeping Changes in Equity
Procedure Conform to Unions
Anti-InjunCtiOn Demands.
SIMPLIFICATION THE AIM
Reduction of Cost of Litigation
and the Elimination of De-
lays Sought by Chief Jus
.tice and His Associates.


Washington. Nov. 4.-Sweeping changes
in procedure in equity cases in federal
courts throughout the United States are
effected in revised rules promulgated TO-
day by the Supreme Court of the umteo
States. The object is TO reduce the cost
Of litigation and TO eliminate delays
The rules were announced by Chief JUS
tice.. White, who, however, omitted eX-
plantation Of one which would prohiolt
issue of preliminary injunctions without
notice TO the opposite party and also re-
strictlng issues: Of temporary restraining
orders.
The new anti-injuncuon rule incor-
porates into practice several demands OF
labor leaders which they sought to nave
recognized by the enactment Of the So
called Clayton anti-injuncton bill. The
new rule follows in a general way the
rules of the federal court in the 9Th Cir
cult, which comprises the Pacific Coast
States.
Samuel Gompers. president of the
American Federation of Labor had TINS
TO say about the anti-injuncIon rule;
1T is a step in the right direction ana
one Of the things labor has long peeh
fghting for"
To Do Away with Delay.
Chief Justice White grouped the re-
forms under four or five heads. one was
in regard to the exercise Of power by the
federal courts in equitable matters. An
other was described as being designed
primarily to remove all unnecessary steps
in modes of pleading and TO bring the
parties quickly to the issue A third was
described as being a restriction IN the
modes Of taking testimony, particularly III
patent and copyright cases.
The whole intention has BEEN SAID
the Chief Justice, Ito bring the taxing
of testimony down to more simphhed
and inexpensive method
Another reform was said by the Cher
Justice to be illustrated by the statement
that the new rules in general provide for
trial by the court instead of reference
of the suit to a referee to take the test-
mony and report back TO the court
The Chief Justice said the new rules
which go into effect February l. 1873
would maize It possible for the Appellate
Court not 10 reverse suits merely because
of errors pot prejudicial.
The New Injunction Rule.
The new rule on injunctions provides
No preliminary injunction shall be
granted without notice TO the opposite
party, nor shall any temporary restrain
ing order he granted without notice 70
the OpppSit e party, unless II shall clearly
appear from specific facts shown by am
davit or be- the verified bill that imJne.,,
date and drrepaEable loss or damage VIII
n before
ter can be heard on notice.
In case temporary restraining order
shall be granted without notice In the
contingency specified the matter shall
be made rstWnabe ct the earliest pos
sible time, and in no event later than
ten days from the date Of the order, and
shall take precedence OF all matters eN-
cept older matters Of the same charac-
ter. When the matter comes up for
hearing the part who obtained the tenn
porary restraining order shall proceed
with his application for a preliminary in
junction, and If he does not do so the
court shall dissolve his temporary re-
Straining order.
Upon two days notice TO the party OBJ
tanning such temporary restraining or
der the opposite party may appear and
move the dissolution and modification Of
the order and in that event the court
or Judge shall proceed to hear and deter
mine the motion as eXpedluOusIy as the
ends Of justice may require Every
temporary restraining order shall be
forthwith filed in the clerks office
Work of Chief Justice White.
one of the tasks undertaken by Chief
Justice White when he was appointed to
succeed Melville W. Fuller was to reform
procedure in the courts. He first revised
the rules Of the. Supreme Court itself.
For seventeen months the Chief Justice
and Justices Lurton and Van Devanter
have been working on the equity rules
as a subcommittee Of the court. They
asked every federal judge throughout
the country TO get expressions from bar
associations on the subject and wrote
to many others asking for suggestions
These suggestions were digested by
the subcommittee, assisted by w j.
Hughes, OF the Department Of Justice.
The present rules came down from the
courts Of England, with only one or two
revisions since the beginning Of the Re-
public. The last revision was about
Atty years ago. The Chief Justice par
ticIIlarly thanked the Lord Chancellor OF
England for suggestions in the revision.