The labor journal. [volume] (Everett, Wash.) 1909-1976, 1913-01-24
A LABOR VICTORY.
New Injunction Rule of the United
States Supreme Court.
STEP IN RIGHT DIRECTION.

Changes Of Equity Procedure Conform
to Anti-injunction Demands of Trade
unions-Restricts Granting of Tenn
porary Restraining Orders.
In promulgating the first revision Of
the equity rules Of federal courts In the
last fifty years the supreme court OF
the United States prohibited the grant.
ing of preliminary injunctions without
notice to the opposite party and re-
stricted the granting of temporary re-
straining orders. The court embodied
In the new rule many of the points OF
the Clayton anti-injunction bill, fol
which the American Federation of La.
Dor has been fighting, which has passed
the house and waits In the senate.
Instead of temporary restraining or
ders being issued without notice upon
presentation to a federal judge Of gen.
eral allegations that immediate and IT.
reparable damage is about to be infict.
ed, the new rule requires that 1t must
be shown by specific facts set forth In
affidavits or otherwise that such dam
age will result. When temporary re-
straining order is issued q hearing on
the injunction must be given within
ten days. Heretofore no time limit
was fixed by the rules and often not by
the courts. The court went still fur.
Their and provided that those restrained
may come into court within two days
and be heard with expedition on a mo-
ton to dissolve the restraining order.
The new rules do not require those pro
curing the restraining order to give a
bond or the judge to set forth in the
order his reasons for ganting 1t. These
povisions are in the Clayton bill.
The new rule on injunctions provides
mo preliminary injunction shall be
granted without notice to the opposite
party nor shall any temporary restrain
ing order be granted without notice to
the opposite party unless 1t shall clear
ly appear from specific facts shoYn 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.
lin 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 or.
der and shall take precedence of all
matters except older matters Of the
same character When the matter
comes up for hearing the party who
obtained the temporary restraining or
der shall proceed with bis application
for preliminary 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
order 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 or
der shall be forthwith filed in the
clerks Office"
Samuel Gompers, president of the
American Federation of Labor, says of
the anti-injunction rule:
1T is a step in the right direction and
one of the things labor has long been
fighting for"