Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-11-05
j. S. INJUNCTION LAWS
REVOLUTI0NIzED TODAY
i. S, Supreme Court Formu-
lateS New Rules Asked by
Labor Organizations

WASHINGTON, Nov. 4.-Revolution-
airy changes in procedure in equity
cases in federal courts throughout the
United States are effected in revised
rules promulgated today by the supreme
court of the United States The object
is to reduce the cost of litigation and
to eliminate delays
Among new rules of procedure an
nounced by the supreme court today is
one which would prohibit issue of pre-
hminary injunctions without notice 20
the opposite party and also restricting
issues of temporary restraining orders.
The new rule on injunctions provides:
''No preliminary injunction shall be
granted without notice to the opposite
party nor shall nay temporary restrain
ing order be granted without notice to
the opposite party, unless it shall clear
ly appear from specific facts shown by
affidavit or by the verified bill, that i'm
mediate and irreparable loss or damage
will result to the applicant before the
matter can be heard on notice.
I'm case a temporary restraining or
der shall be granted without notice in
the contingency specified, the matter
shall be made returnable at the earliest
possible time and in no event later than
ten days from the date Of the order and
shall take precedence of all matters, ex-
cept older matters Of the same charac-
ter When the matter comes up for
hearing, the party who obtained the
temporary restraining order shall pro-
coed with his application for a prelim-
mary injunction and if he does not do
so the court shall dissolve his temporary
restraining order.
Upon two days notice to the party
obtaining such temporary restraining
orders. the opposite party may appear
and move the dissolution and modifica-
ton of the order, and in that event the
court or judge shall proceed to hear
and determine the motion as expedI-
tiously as the ends of justice may re-
quire Every temporary restraining
order shall be forthwith filed in the
clerks office"
The new anti-injunction rule incor-
porates into practice several demands
of labor leaders, which they sought to
have recognized by the enactment OF
the so-called Clayton anti-injunction
bill.
For seventeen months Chief Justice
White and Justices Lurton and Vande-
vanter have been working on the equity
rules as q SuD-00TnnfCCcC or the court.
They asked every federal judge
throughout the country to get express
sions from bar association, and wrote
to many others asking for suggestions.
These suggestions were digested by the
subcommittee. The present rules came
down from the courts of England. with
only one or two revisions since the be-
ginning of the republic.
Chief Justice White. explaining some OF
the new rules, grouped the reforms I'M
der four or Ave heads. One was in re-
gard to the exercises of power by the
federal courts in equitable matteds.
Another was described as being de-
signed primarily to remove all unnec-
essary steps in modes of pleading and
to bring the parties quickly to the issue.
Another was described as being re-
striction in the modes of taking testi-
mony, particularly in patent and copy
right cases.
1.-THE whole intention has been" said
the chief justice, Ito bring the taking of
testimony down to a more simplified and
method"
The chief justice said the new rules
would make it possible for the appellate
court not to reverse suits merely be-
cause of errors not prejudiciaL
The rules will go into effect February
1. 1913.