The Montgomery advertiser., 1909-12-08

furnish an exanipls for ths state courts. presum6 1t Is impossible
 to an un5s naasn to sss Of ton the proceedings at common law and proceedings in equity in the Fed eral courts. but 1t is certainly not i'm. make ~ sho2t m and s sIssct '' the ss"p Prosedurs s both at law and in equity in those courts. It lbs not impossible to cut down still more than 1t Is cut down, so as to conhne 1t almost wholly to statutory and constitutional questions. Under the present statutes the equity and admiralty procedure in the Fed eral courts is under the control of the Supreme Court, but in the pressure of businesx to which that court is sub jected. tt is impossible to hope that . radical and proper reform of the Fed eral equity procedure can be brought about I therefore recommend legis- lation providing for the appointment by the President of commission with authority to examine the Jaw and of first instance. the law of appeals from those courts to the courts of ap. peals and to the Supreme Court, and the costs ,Ss l%po,sd tn such the public treasury and make recon- mendation with view to simplifying and expediting the procedure as far as as may ' be to - the litisant of little
 is1unctie.s without Netiee.
 The platform of the successful party m the last election contained the fol-
 .The Republican party will uphold at all times the authority and integrity of the courts. State and Federal, and enforce their process and to protect life. liberty. and property shall be. pre- served lnviolate. We believe. however, that the rules of procedure in the Fed ance of the writ of Injunction should be more accurately defined by statute, and that no injunction or temporary re- strafning order should be issued with injury would result from delay, in which case speedy hearing thereaf- ter should be granted"
 I recommend that in compliance with the promise thus made, appropriate legislation be adopted. The ends of justice wiH best be met and the chief cause of complaint against ll-consid- cred injunctions without notice will be removed by the enactment of stat ute forbidding hereafter the Issuing of any injunction or restraining order, whether temporary or permanent, by any Federal court. without previous : be heard on behalf of the parties to be enjoined; unless 1t shall appear to the satisfaction of the court that the esy Would t0 svs
 ble injury to the complainant and un- less also the court shall from the evil dence make written finding, whtcn shall ss sprsaa npSn tns mn Injury Is likely to cnsue to the com plainant, and shall define the injury, state why 1t is irreparable, and shall also endorse on the order issued the flat ha nf the tssuaffcA Inf the order. Moreover. every such in. junction or restraining order issued without previous notice and opportun- ity by the defendant to be heard should of no effect after seven days from the issuance thereof or within any time less than that period which the court may fix, unless within such seven day or such less period, the injunction oT order is extended or renewed after pre- vious. notice and opportunity to De heard.
 My judgment Is that che passage oi 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 by the short time in which they may remain enec- Anti-Trust and Interstate Commerce The Jurisdiction of the general gov. ernment over interstate commerce nai | led to the passage of the so-cadiee 'sherman antitrust law" and the Tn terstate commerce law" and it's amend ments. The developments in the op 1 sration of those laws, as shown ny in
 distments trials j judicial n dscislons cs tar an | discussion and some suggestions as t | amendments. These prefer to em
 body in "A special message insteaa Q
 nisafion and I shaif avail myself of tn, | first convenient opportunity to brint
 these subjects to tho attention or con l gress. ,p.
 l My predecessor transmitted to th' l Congress a special message on Janu ary II. 1909, accompanying the repor | of Commissioners theretofore appoint | etc, in the District of Columbia II which he directed attention to the re 1 port as setting forth vividly. the real | iy outrageous conditions in the work
 The Congress has taken action fl pursuance of the recommendations o | that report and of the President. to tn'
 extent of appropriating fnnds as, ana 9or en sn. establishment of a workhouse and re | formatory. No action, however,. hal | been taken by the Congress with re
 Which are stiii antiauated and insani | fary. I earnestly recommend the pas | sage of sufficient appropriation t
 enable thorough remodeling of tha | institution to be made without delay | It is a reproach to the hationa Government that almost under tn,
 shadow of the Capitol dome prisoners | should be confined in building des' | titute of the ordinary decent appli-
 ances requisite to cleanliness and san itary conditions.
 Peat-Ofiice Department.
 | The deficit every year in the Post Office Department is largely caused oy
 the low rate of postage of l cent pound charged on second-class mai | matter, which includes not only news | papers but magazines and nlisce lla' | neous periodicals. The, actual iosl | growing out of the transmission ol l this second class mall matter at
 00O. GOO a year. The average cost oi I the transportation of this matter i' more than 8 cents pound.
 It appears that the average distance
 over which newspapers are deliveref l to their customers is 291 miles. while the average haul of magazines is l. | 049 miles, and of miscellaneous period | icais LIPS miles. Thus the averags haul of the magazine Is three and one half times and that of the miscella | haul of the daily newspaper, yet al | of them pay the same postage rate ol
 1 cent d pound. The statistics of le0i
 show that second-class mail matter
 constituted 63.91 per cent or tn;
 oniy IS per cent of the revenue.
 The figures given are startling
 and show the payment by the govern l ment of an enormous subsidy 10 tns
 newspapers. magazines, and periodt. calls, and Congress may well consider l whether radical steps should not h' l taken to reduce the deficit in the Pos