Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1909-12-10

fsd era they are very great in th s
W tehtla' b1 Goprls; Is Ta afa,e ekpGai of Both ~i an
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 ex-
ample Tor the state courts. | presume 1t
the constitution, to unite under one form
or action the proceedings at common law
courts, but 1t is certainly not impossible
by a statute to simplify and make short
ana direct the. procedure both at law and
In equity In those courts. 1t is not inn
possible to cut down still more than 1t 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
but In the pressure OF business to which
that court Is subjected. 1T is impossible to
hope that that a radical and proper reform of
brought about. L therefore recommend
legislation providing for the appointment
authority to examine the law and equity
procedure of the federal courts Of first
instance The law of appeals from those
supreme court. and the costs imposed In
such procedure upon the private litigants
recommendation with a view to simpli-
Tying ana expediting the procedure as far
as possible and making Il as inexpensive
as may be to the ltgant OF little means.
Injunctions Without Notice.
The platform Of the successful party Ia
the last election contained the followtng:
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
and property shall be p'p preserve ed nv Violate.
We believe. however, that the rules of
procedure in the federal courts with re-
junction hould be more accurately de-
iined by statute. and that no injunc-
should h"H be 'f issRed Wyi,ho peItr nofiee' eS Sceet
where irreparable injury would result
from delay, In which case a speedy hear
l recommend that in compliance with
the promise thus made. appropriate leg
%islation be adopted. The ends of Justice
complaint against iH-considered injunc-
tons without notice will be removed by
hereafter. the issuing of any injunction
or restraining order, whether temporary
or permanent, by any federal court, with
out previous notice and a reasonable OPP
p~ortuDity to be heard on behalf of the
parties to be enjoined; unless it shall
that the delay necessary to give such no.
tice and hearing would result in irrepar-
able injury to the complainant and unless
ais of the court shall from the evidence
make a written finding, which shall be
spread upon the court minutes, that inn
Mediate and rrepar bic injury is likely
arabic. and shall also endorse on the or
issuance of the order. Moreover, every
such injunction or restraining order Is
sued without previous notice and o1ppor;
should by force of the statute expire
and be Of no effect after seven days from
less than that period which the court may
such less period. the Injunction or order
tice and opportunity to be heard.
Ny judgment Is that the passage of
s sesl p an ass Which " eau, really aya en IS %aEv Tx, the
the rule now In force in some courts
will prevent the issuing of ill-advised or
render such orders when issued much less
Objectionable by the short time in which
they may remain effective.
Antitrust Commerce Laws.
the passage of the so-called Sherman
antitrust 1aw" and the Interstate com
developments in the operation Of those
laws. as shown by indictments, trials. ju-
dicial decisions. and other sources Of In
suggestions as to amendments. These I
prefer to embody in a special message In
communication. and I shall avail myself
Of the first convenient opportunity to
bring these subjects to the attention of
Postofice Department.
The deficit. every year in the post office
department is largely caused by the low
on second Class mail mater. which ii n
cludes not only newspapers but maya
zines and miscellaneous periodicals. The
sion of this second class mail matter at l
cent a pound amounts to about $50. 900, 900
nOrf9 ZION or fhiS matfpr ia mnra rho q
cents a pound.
1t appears that the average distance
their customers Is 2s1 miles, while the
haul Of magazines is 1,049, and
Of miscellaneous periodicals 1.12s miles.
is three and one-half times and that Of
the miscellaneous periodical nearly four
yet all of them pay the same postage
OF / cent a pound. The statistics Of
1907 show that second class mail matter
of all the mail, and yielded only SIG Der
of the revenue.
shoW the payment BY the sov e1nnss an ni
enormous subsidy to the ewspaper
and periodicals. and congres
should not be taken to reduce the deficit
in the post office department caused by
this d agsrapaaf ,yn between anI tht the actual cost
exacted therefor.
A great saving might be made. amount
ing " iAuSil iAoiS llldh ltl4 Vi liz loss,
imposing upon magazines and period
icals q higher rate of postage. They are
heavier than and con-
tain a much higher proportion of adver-
Using to reading matter, and the average
of their transportation is three
and q half times as great.
l the whole subject to con-
gress, not, unmfndful Of the spread of in
telltgence which a low charge for carry
Ing newspaper and periodicals assists. I
very much doubt. however, the wisdom
OF a policy which constitutes so large a
subsidy and requires additional taxation
to meet 1t. 81
Postal Savings Banks.
The second subject worthy of mention
in the post office department Is the real
necessity and entire particability of es-
postal savings banks. The sue
cessful party at the last election declared
in favor of postal savings banks. and
although the proposition finds opponents
IN many parts of the n / am con-
WINGED that the people desire such banks
and am sure that when the banks are
furnished they will be- productive Of tie
utmost good. The postal savings banks
are not constituted for the purpose Of
creating competition with other banks.
The rate of interest upon deposits to
which they would be limited would be so
small as to prevent their rawin depos-
Its away from other banks. 800
x believe them to be necessary In or
der to offer q proper induoement to thrift
and saving to- a great many people OF
small means who do not now have bank
tenn would offer an opportunity for the
anpl1nn1Ylo ffon +pf confta{ rrno,, ~y{11 %,,r-