State of the Union AddressesTaft, William H. (William Howard)
History
State of the Union Addresses
Taft, William H. (William Howard)
Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The platform of the successful party in the last election contained the
following: "The Republican party will uphold at all times the authority and
integrity of the courts, State and Federal, and will ever insist that their
powers to enforce their process and to protect life, liberty, and property
shall be preserved inviolate. We believe, however, that the rules of
procedure in the Federal courts with respect to the issuance of the writ of
injunction should be more accurately defined by statute, and that no
injunction or temporary restraining order should be issued without notice,
except where irreparable injury would result from delay, in which case a
speedy hearing thereafter should be granted." I recommend that in
compliance with the promise thus made, appropriate legislation be adopted.
The ends of justice will best be met and the chief cause of complaint
against ill-considered injunctions without notice will be removed by the
enactment of a statute forbidding hereafter the issuing of any injunction
or restraining order, whether temporary or permanent, by any Federal court,
without previous notice and a reasonable opportunity to be heard on behalf
of the parties to be enjoined; unless it shall appear to the satisfaction
of the court that the delay necessary to give such notice and hearing would
result in irreparable injury to the complainant and unless also the court
shall from the evidence make a written finding, which shall be spread upon
the court minutes, that immediate and irreparable injury is likely to ensue
to the complainant, and shall define the injury, state why it is
irreparable, and shall also endorse on the order issued the date and the
hour of the issuance of the order. Moreover, every such injunction or
restraining order issued without previous notice and opportunity by the
defendant to be heard should by force of the statute expire and be of no
effect after seven days from the issuance thereof or within any time less
than that period which the court may fix, unless within such seven days or
such less period, the injunction or order is extended or renewed after
previous notice and opportunity to be heard.
My judgment is that the passage of such an act which really embodies the
best practice in equity and is very like the rule now in force in some
courts will prevent the issuing of ill-advised orders of injunction without
notice and will render such orders when issued much less objectionable by
the short time in which they may remain effective.
ANTI-TRUST AND INTERSTATE COMMERCE LAWS.
Public-domain text, read in full here on John Shaqi.
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