The Julesburg grit-advocate., 1909-12-10

prsas court. but in the pressure - basl-
ness TO which that court IL subjected II
10 Impossible to hope that . radical anA
proper reform Of tbs federal equity pro-
oedurs can BE- brought about. l Therefore
recommend legislation providing for ths
appointment by the president Of . eo0.
miasioo with authority to sxanins tha
laW and equity procedure Of the federal
courts Of first instance. the lav Of ap-
peals from thoss courts TO the courts Of
appeals and to tie supreme court. aad ths
costs Imposed In such procedure upon tho
private iitigants and upon the public treas
ury and make recomnsndations With .
vtsv to simplifying and expediting the
procedure a. far a. possible and making
CANT Of little 0aanA
lalsResieNs SNit,svt Neties.
fAs platform Of the successful party IN
the hast election contained the following:
'.Ths Rspubiicaa party will uphold at
all TINES ths authority and integrity Of
the eourts. STATE and federal. and will
svse insist that their powers to enforce
thstr process ard to protect life. liberty
and property shall - preserved inviolats.
We believe, however. that the rules OF
procedure II The federal courts with re-
epoct to the issuance Of the writ Of In
1unetioa should - more accurately de-
o. temporary restraining order should b
issued without notice. except where ir-
repArabls injury would result from delay.
in which cas- Q speedy hearing there
after should b granted"
recommend that In compliance with
tAs promise thus made appropriate legis-
Iation b adopted. The ends Of Justice
complaint against ill-consi1ered injunc-
tons without notice will b removed by
the enactment OF . 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- enjoined: unless II 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
. written finding, which shall be spread
upon the court minutes that Immediate
and irreparabls injury II likely to ensus
to the complainant. and shall define the
injury. stats Why n 10 irreparabie 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-
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 hx. unless
within such seven days or such less Pc
riod the Injunction or order 10 extended
or renewed after previous notice and op-
portunity to b heard.
such an act which really embodies the
best practice in equity and 10 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 effective.
New Laws Needed.
The Jurisdiction Of the general gov
ernment over interstate commerce has
led to the passage Of the so-called
SHERMAN antitrust law" and the in
ments. The developments In the oper-
alton OF those laws. a. shown by In
dictments, trials. judicial decisions.
and other sources of information. call
for Q discussion and some suggestions
a. to amendments. These I prefer to
embody in . special message instead
of including them in the present COM
munication. and shall avail myself
Of the frst convenient opportunity to
bring these subjects to the attention Of
congress.
sseond-class Mail Matter.
The deficit every year in the post
once department 10 largely caused By
the low rate OF postage OF I 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 cent
a pound amounts to about Ss3.0oo.ooo
. year. The average cost Of the trans
portation of this matter 10 more than
> cents q pound.
1t appears that the average distance
over which newspapers are delivered
to their customers Is 2s1 miles. while
the average haul OF magazines 10 1.04S.
and of miscellaneous periodicals 1.17S
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 cent
pound. The statistics of 1907 show
that second-class mail matter consti-
tuted s3.s1 per cent of the weight of
all the mall. and yielded only 5.l9 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 well consider whether
radical steps should not be taken to
reduce the dencit in the post-ofice de-
partment caused by this discrepancy
between the actual cost of transporta-
tion 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 q much higher
proportion of Advertising to reading
matter. and the average distance Of
their transportation is three and a half
times as great.
The total deficit for the last fiscal
year in the postofsice department
amounted to S17.500.00O. 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
a63. .00O. 900. and the free rural delivery in
which the loss was ts.oOo00. These
losses were In part Offset by the
profits of the letter postage and
other sources Of income. It would
seem wise to reduce the loss upon