Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Some of the bills now pending before Congress propose to deprive the
federal courts of the power to issue preliminary injunctions in these
cases. This would be a policy fraught with immeasurable danger to
property interests as well as to personal liberty. It would frequently
amount to a complete denial of justice. The delay of litigation might
readily be attended by ruin. But, undoubtedly, some reform is called
for. There can be no question that preliminary injunctions against the
enforcement of state statutes regulating public service corporations
should never be granted without prior notice to the representatives of
the people, and full opportunity for them to be heard, and then only
upon the clearest showing of threatened irreparable injury pending the
delay of a full hearing on the merits. Such cases ought not only to
be given the earliest possible hearing, but the courts should insist
that both sides proceed with the utmost expedition in the taking of
testimony. A hearing in open court and not before a master would
greatly facilitate this result. The people are entitled to a speedy
determination of the questions involved in order that they may promptly
have the benefit of the statute if it be constitutional, or that they
may at once amend it if it be unconstitutional. There is no reason why
in the majority of cases such a suit should not be ready for final
hearing and actually be heard within sixty days, or why it should
not be finally disposed of in the appellate courts within less than
a year. It should have preference on all calendars. The Expedition
Act of Congress, applicable to cases arising under the Anti-Trust
and Interstate Commerce laws, would furnish a good model for cases
involving the validity of state laws.
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