River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1909-12-09

| proper reform of the federal equity pro-
| cedure can be brought about. l therefore
recommend legislation providing for the
appointment by the president of a COM
mission with authority to examine the
law and equity procedure of the federal
| courts of first instance, the law of ap-
| peals from those courts to the courts of
appeals and to the supreme court, and the
costs imposed in such procedure upon the
private ltigants and upon the public treas.
ury and make recommendations with a
| view to simplifying and expediting the
procedure as far as possible and making
| it as inexpensive as may be to the liti-
CANT of little means
Injunctions Without Notice.
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 re-
| spect to the issuance of the writ of in
| junction should be more accurately de-
| fined by statute and that no injunction
or temporary restraining order should be
| issued without notice, except where ir-
| reparable injury would result from delay,
| in which case a speedy hearing there
| after should be granted"
| l recommend that in compliance with
| the promise thus made appropriate legis-
| lation be adopted. The ends of justice
| will best be met and the chief cause of
| complaint against ill-considered injunc-
| tons 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,
wit a %
| opportunity to be heard on behalf of the
| parties to be enjoined; unless it shall ap
| pear 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 indorse on the order issued the
| date and the hour of the issuance of the
| order Moreover every such injunction
| or restraining order issued without pre-
| vious notice and opportunity by the de-
| PENDANT to be hard should by force of
| the statute expire and be of no erect
| after seven days from the issuance there
| of or within any time less than that pc
riod which the court may fix, unless
| within such seven days or such less pc
riod the injunction or order is extended
| or renewed after previous notice and OPP
portunity 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
| ,s.ol,
| remain effective.
New Laws Needed.
The jurisdiction of the general gov
| eminent over interstate commerce has
| led to the passage of the so-called
| sherman antitrust law and the Gin
| terstate commerce law" and it's amend
| ments. The developments in the oper-
| alton Of those laws as shown by in
| dictments, trials, judicial decisions,
| and other sources of information, call
| for a discussion and some suggestions
as to amendments. These 1 prefer to
| embody in a special message instead
| of including them in the present com
| municaton, and 1 shall avail myself
| of the first convenient opportunity to
bring these subjects to the attention of
congress.
Second-CIass Mail Matter.
The deficit every year in the post
office department is largely caused by
| the low rate of postage of 1 cent
| pound charged on second-class mail
| matter, which includes not only news
papers but magazines and miscellan-
eous periodicals. The actual loss
| growing out of the transmission OF
| this second class mail matter at 1 cent
| a pound amounts to about 500, OOO,O 900
a year. The average cost of the trans
| portation of this matter is more than
| cents a pound
1t appears that the average distance
| over which newspapers are delivered
| to their customers is 291 miles, while
| the average haul of magazines is 1,O49,
| and of miscellaneous periodicals Lips
| miles. Thus, the average haul of the
| magazine is three and one-half times
| and that of the miscellaneous period
! zeal nearly four times the haul of the
| daily newspaper, yet all of them pay
| the same postage rate of l cent a
| pound The statistics of 1907 show
| that second-class mail matter consti-
| tuted 63.91 per cent of the weight of
all the mail, and yielded only 5.19 per
| cent of the revenue.
The figures given are startling, and
| show the payment by the government
| of an enormous subsidy to the news
| papers, magazines and periodicals, and
! congress may we'll consider whether
| radical steps should not be taken to
reOuCo the Q6nclL IN the pOSC-OmCe ue-
| partment caused by this discrepancy
between the actual cost of transporta-
| ticn and the compensation exacted
| therefor.
A great saving might be made,
| amounting to much more than half of
| the loss, by imposing upon magazines
| and periodicals higher rate of post
| age. They are much heavier than
newspapers, and contain much higher
| proportion of advertising to reading
matter, and the average distance Of
| their transportation is three and half
| times as great.
The total deficit for the last fiscal
year in the postofflce department
| amounted to $17,500,000. The branches
of it's business which it did at a loss
| were the second-class mail service, in
| which the loss, as already said, was
| sea, 100000 and the free rural delivery in
which the loss was $2S,O0O,OOO. These
losses were in part offset by the
profits of the letter postage and
| other sources of income. 1t would
| seem wise to reduce the loss upon
second-class mail matter, at least
| to the extent of preventing a deficit
| in the total operations of the post
| Office
I commend the whole subject to con-
| gress. not unmindful OF the spread Of
| Intelligence which a low charge for
carrying newspapers and periodicals
| assists. I very much doubt, howe ver
| tutes so large subsidy and requires
| additional taxation to meet it.
Postal Savings Banks.
The second subject worthy of mem
| ton in the postoffice department is the
i1a11 ~ "