Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1909-12-09


Joint board in favor Of making ~ ex.
tensive naval base at Pearl HAEDcs.
near Honolulu, and not In the Philip.
pines.
4, The Navy.
\ me return * the battisship nest from
IL vOyakn around TIE world, II more ef-
/ ftienk condition than when y started was
Z Noteworthy eveut Of interest sine 70
our citiseiq and the naval AUTHORITIES Of
the world. Besides the benshclai anf EAs-
reaching effect on our personal and dips
Ionlatio relations In the eQpnlrles
WkIch the Meet visited. the marked sue
cess Of tho ships N, stesIilng around the
world II An weather. On echequle time
IA Increased respect for our navy and
mas added to our national prestige.
Early N the coming aes1loneA compEe-
hahSlve plan Tor the reors apisesien of the
! Uil1 1sr6 81 an corps 0f the navy Will b
uroaantad to congress, and i hope II Will
meet With action suited TO its ureSncy.
OwiME to the necessity for economy in
oxpondltures. have directed the curtail,
mont 81 recommendations for paval ,ap-
propgiations 90 that they are thlyty-eight
millions less than the corresp9nding es-
Inmates Of last year. and the request for
new naval construction q limited TO- two
frst- class battleships and ons repair yes
sci. sF'
Mr., Taft urges upon congress that
the naval observatory be dedicated to-
science under control Of some emf
nent astronomer
Expedition In Legal Procedure.
The deplorable delays in the adIplnis-
tration OF civiI and criminal law have re-
ceived the attention OF committees Of the
American Bar association and Of, many
state bar associations, as well as the con-
sidered thought Of Judges and jurists. In
my Judgment q change In judicial pro-
cedure, with view to reducing Its ex-
pense to private lihgants In civil cases
and facilitating the dispatch Of business
and final decision in both civil and crim--
inal cases constitutes the greatest need
In our American institutions. 40 not
doubt for one moment that much OF the
lawless violence and cruelty exhibited
in lynchings ID directly due to the uncer-
tainties and injustice growing out OF the
delays In trials, judgments and the exc
cutions thereof by our courts. OF course
these remarks apply quite as well to the
administration OF Justice In state courts
as to that in federal courts, and without
making invldious distinction 1t is per-
haps not too much to say that. speaking
generally, the defects are less In the
federal courts than In the state courts.
But they are very great In the federal
courts. The expedition with which BUSH
ness IL disposed Of both on the civil and
the criminal side Of English courts under
modern rules Of procedure makes the
delays in our courts seem archaic and
hsuharous . The procedure in the federal
courts should furnish an 'exai1SAe FOR tne
state courts. presume Il is impossible,
without an amendment to the constltu-
ton. to unite under one form Of action
the proceedings at common law and pro-
ceedings in equity in the federal courts,
but It 10 certainly not impossible BY
statute TO. slsnplify and make short and
direct the procedure both at law and In
equity In those courts II II not impos-
sibIe to cut down still more than It Is cut
down, the Jurisdiction Of the supreme
court, so as to confne II almost wholly to
statutory and constitutional questions.
Under the present statutes the equity
and admiralty procedure IN the federal
courts "a. under ~tllp control Of .thA- SUI
proFne court, but m ehu pressure or pusl-
nsss to which that court ID subjected 4
10 impossible to hops that . radical and
proper reform Of the federal equity pro-
ceduro can be brought about. therefore
recommend legislation prevailing for ehe'
appointment BY the president Of g cOFAs
miasIon with authority to examine the
law ana equity procedure Of the federal
courts Of first instance, the law Of aps
peals from those courts TO the courts Of
appeals and to the supreme court, and the
costs imposed in such procedure upon the
privato litigants and upon the public treas
ury and make recommendations with .
view to simplifying and expediting the
procedure a. far a possible and making
Il a6 Inexpensive as may BE- 70 the IT'D
CANT Of little means.
Inlunctlons Without Notice. va
The platform Of the successful party ~
the last election contained the following:
''The Republican party will uphold AZ
All times the authority and Integrity q
the courts, state and federal. and VIII
ever insist that their powers 70 enforce
their process and to protect life. liberty
and property shall be preserved invloiate.
we believe, however, that the rules OF
procedure in the federal courts win re-
gpeet to the issuance Of the WITH ot M
junction should be more accurately a.
fnod BY statute and that no iniuncti9p
or temporary restraining order should Pc
issued, without notice, except whers n
rsparabis injury would result from delay
IN which case speedy hearing there
after should BE- RTanted."
recommend that in compliance with
the promise thus made appropriate lesis-
latlon be adopted. The ends OF justice
viii hest be met and the chief cause OF
complaint against IIl-considered intunc-
lions without notice will be removed by
the enactment OF q statute fornidding
hereafter the issuing 81 any Injunction
e. restraining order, whether Temporary
81 permanent, by any federal court,
Without previous notice and reasonable
ouoortunity 70 be heard % behalf Of the
parties to be enjoined: unless Il shall ap-
psar to the satisfaction Of the court atAat
the delay necessary to give such notice
and hsarinB would result IN irrepaFaele
injury to the complainant and unless also
me court shall from the evidence make
Z written finding, which shall % npread
upon tho court minutes, that immedtate
snd lrreparabia injury II likely TO ensqe
% the complainant, and shall oenne the
injury, stats why II II irreparable and
shall aI1O tndofSs on the order Issued the
data ana the hour Of the issuance Of ne
erder Noreover, every such Injunction
Or restraining order issned without pre-
Vioun notice and opportunity BY the a.
fondant to be hard should oy force Of
the statute expire and Be o. no encce
aflsf seven dayB from he inluance there
n. Or Withln any time less than that pe-