McClure's Magazine, Vol. XXXI, September 1908, No. 5Various
History
McClure's Magazine, Vol. XXXI, September 1908, No. 5
Various
American literature -- Periodicals; Literature -- Periodicals
No public man has placed himself more clearly on record on the
so-called injunction question. The plank of the Republican platform
which advocates a modification of the present federal court practice,
under which injunctions are issued without notice to organizations
sought to be enjoined, is a plank adopted at Mr. Taft's request and
suggestion. The jurist who, in a decision in the coal mine cases of
1902 in West Virginia, described an organization which has done more
for the coal miners than any other social force, the United Mine
Workers, as a band of walking delegates fattening on the poor and
ignorant, declared in the same decision that no injunction had ever
been issued in strike cases which was not entirely justified by the
facts. Judge Taft says this is not true; that such injunctions have
been issued unjustly; and in his Cooper Union address he said:
But it is said that the writ of injunction has been abused in
this country in labor disputes and that a number of injunctions
have been issued which ought never to have been issued. I agree
that there has been abuse in this regard. President Roosevelt
referred to it in his last message. I think it has grown largely
from the practice of issuing injunctions _ex parte_, that is,
without giving notice or hearing to the defendants.... Under the
original Federal judiciary act it was not permissible for the
Federal courts to issue an injunction without notice. There had to
be notice, and, of course, a hearing. I think it would be entirely
right in this class of cases to amend the law and provide that no
temporary restraining order should issue until after notice and a
hearing.
He at the same time expressed himself in favor of having contempt
proceedings for violations of injunctions heard by a judge other than
the one who issued the injunction. But to the proposal that in such
cases the ancient power of the courts to protect their own dignity
and authority be taken from them and turned over to juries of laymen
selected by interested parties and subject to all the passions and
prejudices inevitable in such trials--to this he is opposed.
_The Laborer's Right to Protection_
Public-domain text, read in full here on John Shaqi.
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