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Show Zi SF FEDERAL SlSJE DEVISED 1 qK Is io Reduce the Cost rc.A.iligalion and Elimi-f Elimi-f natc Delays. INJUNCTION RULE ofljMunion Leader Satisfied ;aT WH the Vork of the Chief Justice. ?TRlXGTON. Nov. 4. Rr.volution-'Scm Rr.volution-'Scm in procedure in equity enscs )IiEd courts throuzhoni J ho United 6lmrt effected in revised, rulcj: pro-j0av pro-j0av by the supremo court ot 'JiMtfd Staler Tbo object is to re--cf5t o litigation and to climi- f(1fcwPTr rule; u one rrhich would l,'i;j,ue of preliiniii:iry in.iunc-,5i!j,ont in.iunc-,5i!j,ont notice to the Opposite par-KT:iKal;o par-KT:iKal;o restricting ijsupk of leni- restrainin orders. "iJiKgn- rules were- announced by awstifo Whito from tlic bench. llfciijK.the tasks lmdorUilcon by him ftiiKe was appointed Hupf in i-r was to reform proeMurp in the courts. If9 first Trt iscd the rules of the supreme court, itself. Work Required Time, For seventeen months the- chief ."justice ."jus-tice nnd Justices Lnrron and "Vandc-va "Vandc-va nter havo been working on tho equity rules ;i5 :i Mtbeniiuniftce of tho court. Tho present rules camo down from the courts of liincland. with only one or two revisions finco tho hpginninjr of the republic. re-public. Th Iant revision was about fifty years apo. Tho fhir-f .pisHee particularly thanked the lord chancellor of England for suggestions, sug-gestions, jn the rovisinu. '"'hicf .fustico "White, explaining tho rules from the bench, proupod tho rc-fnrnifi rc-fnrnifi under four or fho heads. One was iu regard to th? o.verciso of powor by )hn oou'rtH in eo, in bible, matters. "Another was described as boinrr de fined primarily to remove all unnecessary unneces-sary stops in-modcg of pleading and to bring the parties quickly to tho issue. Another was described as being a restriction, re-striction, in tho modes of taking testimony, testi-mony, particularly in patent and copyright copy-right cases. System Simplified. "The 11 hole- intention has been," said tho chief justice, "to bring e taking of testimonv down to more simplified sim-plified and inexpensive methods." Another reform wss said by the chief .iustico to bo illustrated by the statement, state-ment, that, the new rules as a general thing provide for trial by tho court instead in-stead of a reference of the suit to a rofereo to take testimony and report back -to the court. The-"chief justice naid tho now ruins would mako it impossible im-possible for tho appellate court not to reverse uits merely because of errorr not prejudieiRl. The new antiinjuiirt ton rule iseorpo rates into practice sricral demands of labor leadens which they sought to have recognized by the enactment of tho ."0 called nj.-iytiin ant injunction bill. The new rnlo follows in a genernl way the rules of the federal court In the ninth circuit which (omprises tho Pacific coast ?tates. Must Give Notice. It pro Ides; "No prollmlnao Injunction hall l cm nt ed without notice to tue opjtos'J; nartv. miles it. uliatl clearly appear from pprlu factir stiown by nfurtavit or by tlio verified bill tlmt Iminedlate and irrf-namhlc irrf-namhlc ! or Jumao will result to Urn applied ut before thu matter can b heard on hoi !. "In c;tu? a, temporary rc?t mining order haJl be zi-antcd without notice in t',". eonttiiceney .xpneifiod. tho matter shell l iiiad4 loturnaMe at tin earliest jfOf Klble I tlm, in no event latrr than tn da- from j the date of the order, and shall take precd.-nce of hJ matters osrept oWr ( matterK nf tho name chnuufr. When the matter o-ms up for honrinz. ttie pattv vlio otttalneil th temporary v-stnilnliir v-stnilnliir ord-r shall proceed with his applh-atlon for a preliminary Injunction, and If lie doejt not tr, ho the rourt fhall dlFsoh-M hiF temporary reKtralnin? order. "I'pon two days' notice m the vrty obtaining noh tenuiorary rPFtralnliu? order or-der the opnos-ltc nartv imv appar and move the dissolution and modification ot til ordef. and if in that cvcVit the nourt rtr Judce shall hear and determine the motion ns exptditloiiflv as the end of lucilofv may reaulre. lSvry temporary restrnlninz onlcr shall bo firthwltb lllcd in the olerk's offlee." The now rules an ill zo into effect 1-eo-ruary 1. 1 13. Gompers Satisfied. "WASHINGTON. Nov. .Samuel Gompers. Gom-pers. president of of the American Federation Fed-eration of Lohor. had thin to Fay about the new anti-ln lunctlon rule: "It is si step In the risht direction and one of the thln.es labor has Ions been liKhtlnc for." |
