Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-12-07
rn1rs-REpuBI1cAN MARsHA1LrowN IOWA DEcrMBER 1909

TlMES-REPUBIIC.ANN, ]
tai estimates down to an amount .u-Sy-
five millions less than the corresponding
estimates for last year. This could only
be accomplished by cutting off new
projects and suspending for the period
of one year all progress in military mat
tiers. For the same reason / have direct
ed that the army shall not be recruited
up to Its present authorized strength.
These measures can hardly be more than
temporary-to last until our revenues are
in better condition and until the whole
question of the expediency of adopting
definite military policy can be submitted
to congress. for am sure that the inter-
ests of the military establishment are Sc
rfously in need OF careful consideration by
congress. The laws regulating the organ
ization OF our armed forces in the event
OF war need to be revised in order that
the organization can be modified SO as
to produce a force which would be more
consistently apportioHed throughout its
numerous branches. TO explain the cir
cumstances upon which this opinion Is
based would necesstate a lengthy discuss
sion, and postpone 1t until the first con-
venient opportunity shall arise to send to
congress special message upon this sub
ject.
vi IAO CudA6C6 ACKNOWLEDGEMENT Oy
the secretary Of war, the president
especially urges the passage of bill
that will permit the elimination of the
less efficient officers. He concurs in
the opinion of the military and naval
joint board in favor of making an ex-
tensive naval base at Pearl Harbor,
near Honolulu, and not in the Philip
pines.
The Navy.
The return of the battleship fleet from
Its voyage around the world, in more -et-
ficient condition than when it started was
noteworthy event of interest alike to
our citizens and the naval authorities OF
the world. Besides the beneficial and far
reaching effect on our personal and dip
lonatic relations in the countries
which the fleet visited, the marked sic
cess of the ships in steaming around the
world In all weathers on schedule time
has increased respect for our navy and
has added to our national prestige.
Early in the coming session a compre-
hensfve plan for the reorganization OF the
officers of all corps of the navy will be
presented to congress- and I hope 1t will
meet with action suited to its urgency.
Owing to the necessity for economy in
expenditures, 1 have directed the curtail-
ment OF recommendations for naval APP
preparations so that they are thirty eight
millions less than the corresponding es-
Inmates Of last year, and the request for
new naval construction is limited to two
first-class battleships and one repair YES
sci.
Mr.. Taft urges upon congress that
the naval observatory be dedicated to
science under control of some emil
nent astronomer.
Expedition in Legal Procedure.
The deplorable delays in the admins
tration of civil and criminal law have re-
ceived the attention of committees of the
American Bar association and of many
state bar associations, as we'll as the con-
sidered thought Of judges and jurists. In
my judgment a change in judicial pro-
cedure, with a view to reducing its ex-
pense to private litigants in civil cases
and facilitating the dispatch of business
and final decision in both civil and GRIM
inal cases constitutes the greatest need
in our American institutions. I do not
doubt for one moment that much of the
lawless violence and cruelty exhibited
in lynchfngs is 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 we'll to tho
administration of Justice in state courts
as to that in federal courts, and without
making invidious distinction it 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 bust
ness is 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
barbarous. The procedure in the federal
courts should furnish an example for the
state courts. presume 1t is impossible,
without an amendment to the constitu-
ton, to unite under one form of action
the proceedings at common law and pro-
ceedings in equity In the federal courts,
but 1t is certainly not impossible by a
statute to simplify and make short and
direct the procedure both at law and in
equity in those courts. 1t Is not impos-
sible to cut down still more than it is cut
down, the Jurisdiction of the supreme
court, so as to confine it almost wholly to
statutory and constitutional questions
Under the present statutes the equity
and admiralty procedure in the federal
courts is under the control of the SUI
preme court, but in the pressure of busi-
ness to which that 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 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 Htigants and upon the public treas
ury and make recommendations with q
view to simplifying and expediting the
procedure as far as possible and making
It as inexpensive as may be to the liti7
CANT Of little means.
InJunctions 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
OF temporary restraining order should be
issued without notice, except where ir-
reparable injury would result from delay,
in which case speedy hearing there
after should be granted"
recommend that in compliance with
the promise thus made appropriate legls-
lation be adopted. The ends Of justice
will best be met and the chief cause of
complaint against ill-considered injunc-
lions without notice will be 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