The Iuka vidette. (Iuka, Miss.) 1894-1912, 1909-12-09

| htSS " WHICH ludl court is subjected Ii
| is Impossible to hope that radical and
proper reform OF the federal equity pro-
| cedure can be brought about 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
| view to simplifying and expedIting the
procedure as far as possible and making
| IL as inexpensive as may be to the iiti-
| CANT of little means.
lnjunctions Without Notice.
The platform of the successful party in
| the last election contained the following:
1.-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-
reparabe 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,
| without previous notice and reasonable
| opportunity to be heard on behalf of the
| parties to be eIjoined; 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 1t 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 effect
| 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
| 4 .a,
when issued much less objectionable
by the short time in which they may
| 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 I'm
| 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
| munication, and 1 shall avail myself
of the first convenient opportunity to
bring these subjects to the atteption OF
| congress.
The deficit every year in the post
Office department is largely caused by
the low rate of postage of l cent a
| 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 l cent
| pound amounts to about $50, 900, 900
| year The average cost of the trans
| portation of this matter is more than
| cents 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 1,049.
and of miscellaneous periodicals 1923
miles Thus, the average haul of the
magazine is three and one-half times
| and that of the miscellaneous period
ical 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 6391 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
|
radical steps should not be taken to
reduce the deficit in the post-office de-
partment caused by this discrepancy
between the actual cost of transporta-
ton and the compensation exacted
| therefor.
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 postofice department
amounted to S17.500, 900. The branches
of its business which 1t did at a loss
were the second-class mail service. in
| which the loss. as already said was
S63. 000,0 900, and the free rural delivery in
which the loss was 100000. 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.