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LIMITING FEDERAL INJUNCTIONS
UNITED STATES SENATE
AN ACT TO AMEND AN ACT ENTITLED “AN ACT TO CODIFY,
JUDICIARY,” APPROVED MARCH 3, 1911
Printed for the use of the Committee on the Judiciary
COMMITTEE ON THE JUDICIARY.
UNITED STATES SENATE.
CLARENCE D. CLARK, Wyoming, Chairman. KNUTE NELSON, Minnesota.
AUGUSTUS 0. BACON, Georgia. WILLIAM P. DILLINGHAM, Vermont. CHARLES A. CULBERSON, Texas. GEORGE SUTHERLAND, Utah.
LEE S. OVERMAN, North Carolina. FRANK B. BRANDEGEE, Connecticut. ISIDOR RAYNER, Maryland. WILLIAM E. BORAH, Idaho.
THOMAS H. PAYNTER, Kentucky. NORRIS BROWN, Nebraska.
WILLIAM E. CHILTON, West Virginia, ALBERT B. CUMMINS, Iowa.
JAMES A. O'GORMAN, New York. ELIHU ROOT, New York.
a.2.0. Jan. 17/13
LIMITING FEDERAL INJUNCTIONS.
TUESDAY, JUNE 11, 1912.
SUBCOMMITTEE OF THE COMMITTEE ON JUDICIARY,
UNITED STATES SENATE,
Washington, D. C. The subcommittee met at 10.30 o'clock a. m. Present: Senators Sutherland (chairman), Root, and Chilton.
The CHAIRMAN. The committee has met for the purpose of considering House bill 23635, which is as follows:
AN ACT To amend an act entitled "An act to codify, revise, and amend the laws relating
to the judiciary,” approved March third, nineteen hundred and eleven.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 263 of the act entitled "An act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven, be, and the same is hereby, amended so as to read as follows, and that said act be further amended by inserting after section 266 thereof three new sections, to be numbered, respectively, 266a, 266b, and 266c, reading as follows:
Sec. 263. That no injunction, whether interlocutory or permanent, in cases other than those described in section 266 of this title, shall be issued without previous notice and an opportunity to be heard on behalf of the parties to be enjoined, which notice, together with a copy of the bill of complaint or other pleading upon which the application for such injunction will be based, shall be served upon the parties sought to be enjoined a reasonable time in advance of such application. But if it shall appear to the satisfaction of the court or judge that immediate and irreparable injury is likely to ensue to the complainant, and that the giving of notice of the application of the delay incident thereto would probably permit the doing the act sought to be restrained before notice could be served or hearing had thereon, the court or judge may, in his discrotion, issue a temporary restraining order without notice. Every such order shall be indorsed with the date and hour of issuance, shall be forthwith entered of record, shall define the injury and state why it is irreparable and why the order was granted without notice, and shall by its terms expire within such time after entry, not to exceed seven days, as the court or judge may fix, unless within the time so fixed the order is extended or renewed for a like period, after notice to those previously served, if any, and for good cause shown, and the reasons for such extension shall be entered of record.
SEC. 266a. That no restraining order or interlocutory order of injunction shall issue except upon the giving of security by the applicant in such sum as the court or judge may deem proper, conditioned upon the payment of such costs and damages as may be incurred or suffered by any party who may be found to have been wrongfully enjoined or restrained thereby.
“ SEC. 266b. That every order of injunction or restraining order shall set forth the reasons for the issuance of the same, shall be specific in terms, and shall describe in reasonable detail, and not by reference to the bill of complaint or other document, the act or acts sought to be restrained; and shall be binding only upon the parties to the suit, their agents, servants, employees, and attorneys, or those in active concert with them, and who shall by personal service or otherwise have received actual notice of the same.