Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
except as a stay-order to show cause why a preliminary injunction
should not issue."
The case most often cited by labor leaders is known as the Debs
case growing out of the Pullman strike at Chicago in 1894. If any
fair-minded critic of the courts will take the trouble to read the
unanimous, patriotic and inspiring opinion of the Supreme Court of the
United States in the Debs case,[56] or what ex-President Cleveland
wrote on the subject in his book on "Presidential Problems," published
in 1904, he will at once realize that the issuance of the injunction
order and the subsequent punishment of Debs and his associates for
deliberately and defiantly disobeying it were both proper and necessary.
For nearly twenty years and since the Debs case in 1894-1895, the labor
leaders, agitators and demagogues of the country have been assailing
the courts and denouncing "government by injunction" on the pretense,
among others, that the judges denied the defendants in that case
any opportunity to be heard, when as a matter of fact, they had the
fullest notice and opportunity to be heard, but deliberately elected
to disobey and defy the court. Indeed, in no jurisdiction is it true
that a defendant is denied the right to a hearing upon the matter of an
injunction against him, and the sub-committee has been unable to learn
of a single case in which a judge has refused to give the defendant a
hearing either upon an application to grant or continue an injunction,
or to set one aside. A permanent injunction order is never granted
without notice to those affected and an opportunity to be heard; nor
is even a temporary restraining order issued without notice of hearing
unless the danger of irreparable injury from delay be very grave, and
then the order is made returnable at the earliest practicable date,
so as to afford the defendants an opportunity to be promptly heard.
If a temporary restraining order should be granted improvidently on
insufficient papers and upon an _ex parte_ application, it is well
known that the order may be and frequently is vacated immediately on
the _ex parte_ application of the defendants. Most lawyers are familiar
with such cases. The fact is that laboring men have always been
afforded a hearing and a day in court in connection with injunction
orders, and that no man has ever been punished for contempt by an
American court without due notice to him and full opportunity to
present his excuse or defense. Indeed, were any man punished without
notice and opportunity to be heard, the order for his punishment would
be without jurisdiction and utterly void.
Public-domain text, read in full here on John Shaqi.
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