reasons for its issuance and must describe in reasonable detail the acts restrained. In labor controversies no injunction or restraining order shall be granted unless necessary to prevent irreparable injury to property or to the property right of the party making the application, for which injury there is no adequate remedy at law. Such property or property right must be described particularly in the application. No such injunction or restraining order granted under the above conditions shall prohibit a strike, nor peaceful picketing, nor advising others to strike, nor boycott, nor paying strike benefits, nor peaceful assembling for lawful purposes. Disobedience of a restraining order or injunction, if it constitutes also a criminal offence under the Federal laws, shall be punished as contempt of Court only after a jury trial if the defense demands it. But contempt committed in the presence of the Court or so near thereto as to distract the administration of justice, or disobedience to a Court injunction or order in a suit brought by the United States may be punished without a jury trial, as heretofore. No proceeding for contempt may be instituted against any person unless begun within one year from the date of the act complained of. No such proceeding for contempt is a bar to any criminal prosecution for the same act or acts. These provisions require little comment. They establish the right of trial by jury for the accused in most of the contempt cases which ordinarily come before the courts in labor disputes, while they also preserve to the Federal Government the right of summary punishment in proceedings which it may bring for the enforcement of its own laws. The provisions also enact into law what was for over a year the practice of the Federal Courts in granting restraining orders, viz., to limit closely the duration of any order issued without a hearing of both parties. They remove the most substantial grievance of the persons enjoined, by providing that the enjoined parties may appear on two days' notice and ask a dissolution of the order. The new law thus effectually improves and modernizes the granting of restraining orders, and brings them within limits which are fair and reasonable to all concerned. It must be remembered that an injunction is preventive and that as such it has the inestimable advantage of preserving property and keeping many people out of jail who would otherwise be placed there by the criminal law because of their hasty violent acts. No amount of criminal prosecution will restore the factories, buildings and rolling stock burned by rioters-this property is a dead loss to the community even though its owners are able to recover damages from the county government for failure to protect their rights. The proper measure is not to prosecute but to prevent and avoid the injury and yet to do so in a way which will preserve also the full rights of both parties. It is this which makes the injunction question well worthy of the careful study and attention that are now being given to it.1 REFERENCES The Administration of Justice in the United States, July, 1910, volume, The Annals of the American Academy. Reform in the Administration of Justice, March, 1914, volume, The Annals. S. E. BALDWIN: The American Judiciary. C. G. HAINES: The American Doctrine of Judicial Supremacy. J. P. COTTON: The Constitutional Decisions of John Marshall. C. A. BEARD: The Supreme Court and the Constitution. W. W. WILLOUGHBY: The Supreme Court of the United States. W. H. TAFT: Presidential Address American Bar Association, Proceedings, 1914. The Clayton Act, October 25, 1914; Sections 17-26. QUESTIONS I. Resolved that the State courts could satisfactorily do the work now performed by the Federal courts. Defend either side of this question. 2. How would you show that all classes of the people have an interest in the protection and development of the Constitution? 3. Explain the rôle of the courts in this development. 4. Why must the courts expand and extend the meaning of the words of the Constitution? 5. Cite some opinions of publicists on this point. 6. Show by examples the Supreme Court's influence in protecting, limiting and expanding the national Constitution and laws. 7. What does the Constitution provide as to the Federal Courts, their establishment, number of judges, tenure of office, method of choice? 8. Could a Federal judge be discharged from office because he did not belong to the same party as the President? What does the Constitution say on this point? 8a. Outline all the steps necessary to remove a Judge from office. 9. Outline the organization of the Supreme Court giving the number and salary of the judges and the offices and important employés of the Court. IO. What is the difference between original and appellate jurisdiction? II. What is the Supreme Court's jurisdiction as fixed by the Constitution? 11a. Could Congress pass a law changing the extent of the appellate jurisdiction of the Supreme Court? Why? 12. How does the Eleventh Amendment change the jurisdiction of the Federal courts and why was it passed? 13. If you wish to sue a State where would you bring your suit? 14. Draft a report showing what inferior Federal courts have been established, by whom and under what authority in the Constitution, also the organization, number and general powers of each of the inferior courts. 15. Attend a session of any Federal court and report on the proceedings. 16. Why was the commerce court established? Why was it abolished and what was its practical usefulness? 17. Could Congress abolish the circuit courts of appeals? Why? 18. Could Congress abolish all the inferior courts? Why? 19. If Congress wished to lower the salary of a certain Supreme Court 1 The best presentation of the case for and against the injunction and its amendment is to be found in the hearings of the Sub-Committee of the Senate Committee on the Judiciary at the second and third sessions of the 62d Congress, on House Resolution No. 23635. See also the hearings before the House Committee on the Judiciary in 1911. Justice could it do so by law or must it reduce the pay of all S. C. justices equally? What part of the Constitution governs this question? 20. Could Congress constitutionally establish a special U. S. Court which would have jurisdiction over patent cases? Explain. 21. Explain fully the constitutionality of Congressional acts providing as follows: 22. (a) Abolishing the present Supreme Court. (c) Reducing the number of members of the Supreme Court to Outline the general jurisdiction of the Federal courts. 23. Explain how cases are usually brought to the Supreme Court. Examples. 24. Explain some of the general principles guiding the Supreme Court in deciding on the constitutionality of a law. 244. A State statute of 1901 covering the subject of bankruptcy conflicts with an Act of Congress of 1898; which is supreme? Supposing the Act of Congress was passed in 1904, which would be supreme? 25. How does the Constitution fix the order of the supremacy of laws? 25a. A citizen of Pennsylvania, while employed on a trolley car in Trenton, is injured. Where could he bring suit if unwilling to go to Trenton? What provision of the Constitution applies? 26. Do questions of State law, involving no constitutional point, ever come to the Federal courts? Explain. 27. How are the Federal courts guided in deciding on the meaning of State laws and State Constitutions and the powers of State officials? Why? 28. In executing the decision of a Federal court the marshal is opposed by force. What can he do? 29. Will the Supreme Court advise the President as to the constitutionality of proposed Federal acts? Why? Example. 30. In a debate you desire to show that the Supreme Court has the constitutional power to declare both (a) Federal and (b) State laws unconstitutional. Outline your arguments. 31. Explain the Court's position on this question in any decision which it has handed down. 32. What are the causes of slow procedure in the Federal courts? How could this be remedied? 33. How could action by the Supreme Court be hastened? 34. Resolved that court procedure should be simplified to reduce the cost and delay in law suits. Defend either side of this question. 35. Explain why the conservatism of the courts has been criticized and give your impressions of this criticism. 36. What is an injunction? How is it usually granted? 37. Explain the criticisms of the injunction as applied to labor cases. 38. Will the courts grant an injunction forbidding the mention of a labor controversy in speeches and writings of either party? Why? 39. Apply the Clayton Act to the following cases: (a) The employés of John Doe & Company demand higher wages, shorter hours and employment of Union men only. In order to secure their demands they strike and declare a boycott of the Doe Company's products sold in interstate commerce, and seek to persuade the public generally not to purchase the Doe Company's goods. A heavy loss of business is threatened, and the Company asks for an injunction on the ground that the combination is illegal under the Sherman Act. Decide the case and give reasons in full, with reference to the Clayton Act. (b) The Chicago and San Francisco Railway Company is asked to increase the wages of its engineers and conductors. It refuses. The employés strike and appoint a committee on picketing, the duty of which is to persuade prospective employés not to seek work with the company. Can the Company secure an injunction under either the Interstate Commerce law or the Sherman Act? Reasons. (c) A Federal Court is asked by an interstate railway company to grant an injunction to prevent the destruction of its property. The Company produces evidence showing a plan to destroy the company's property a year from date, and the proof that the property destroyed is worth $2,000. The Company asks for an immediate restraining order without notice to the opposite party, a labor union. What action will the court take and why? (d) A temporary restraining order is issued by a court without hearing both parties, but simply upon the evidence offered by the plaintiff. Immediately after the order has been issued the party restrained appears before the court and asks that the order be cancelled. What must the court do? (e) A witness in a law suit growing out of a labor dispute in interstate trade refuses to answer a question after being ordered to do so by the court. Upon being summoned for contempt of court he claims a jury trial. What will the court decide and why? (f) During the course of an interstate railway strike both parties to the dispute engage in violence, attacking each other with armed force. On application of the United States District Attorney the Federal District Court grants an injunction commanding both parties to cease and desist from such violence. Both parties disobey the Court order, and when summoned to be punished for contempt of Court, both claim a jury trial under the Clayton Act. Decide the case with citation of the Act. 40. After reading the references and securing the opinion of an experienced attorney or judge, prepare an essay on the court system of your State and its chief problems. 41. Lay the essay aside and attend a civil and a criminal trial in your county. Criticise and revise the essay. CHAPTER XVI THE STATE GOVERNMENT-THE CONSTITUTION New Duties of the State.-The growth of the National Government has not meant the drying up of State powers. During the last thirty years the duties and activities of the commonwealths have increased fully as fast as those of the Federal union. This increase is due to extensive changes in business conditions. It is noticeable that most of the questions with which the States now have to deal, have sprung from manufacturing industry. For example: The rise of urban districts and the various city problems; The tenement house; The conditions of workers in factories, stores and sweatshops; The adulteration of foods; The existence of a large, ignorant class in the population; The necessity for better means of communication; The unchecked license in the promotion and management of corporate undertakings; The development of class feeling between employers and employés; The breakdown of the old system of caring for the poor and the criminal classes. These are all the result of new conditions arising from the business development of recent times. Influence of Mechanical and Scientific Progress on Government. -The chief source of this increase of State work is the progress of scientific inventions and discoveries. We Americans like to point to the influence of a single statesman or philosopher upon our political life, we like to say that Washington achieved Independence and that Lincoln saved the Union, and it is true that in times of emergency and crisis the action of one man may commit the nation to a policy from which it cannot turn back. But if we consider ordinary periods of quiet, natural growth, we find that public policy is really determined by the influence of new inventions and scientific discoveries, remote as these may be from the field of politics. Science has done more to change our national life and policy than has the reasoning of political philosophers. Let us glance at one problem which has a special bearing upon the State governments at the present time, viz.-the conflict between Socialism and Individualism. For generations the political philosophers of the world have been divided into two factions, the Individualists contending that the government should regulate nothing, but should leave all to the free action of the individual,-and the |