Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1909-12-15

!.
preme court, but In the pressure Of busi-
ness to which that court is subjected 1t
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 litigants and upon the public treas
ury and make recommendations with a
view to simplifying and expediting the
procedure as far possible and making
it as inexpensive as may be to the liti-
CANT of little means
Injunctions Without Notice.
The platform Of the successful party in
the last election contained the following:
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 properly shall be preserved inviolate.
We believe, however. that me 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
| or temporary restraining order should be
| issued without notice. except where ir-
| reparable injury would result from delay
| in which case a speedy hearing there
| after should be granted"
| I recommend that in compliance with
| the promise thus made appropriate legis-
| lation be adopted. The ends of justice
will best be met and the chief cause of
| complaint against ill-consdered injunc-
| tons without notice will be removed by
| the enactment of a 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 it shall APP
| 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
| a written findin :, which shall be spread
! upon the court minutes, that immediate
and irreparable injury is likely to ensue
to the complainant. and shall define the
injury. state why 1t is irreparable 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-
PENDANT to be hard should by force of
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 fix, unless
within such seven days or such less pc
Rod the injunction or order is extended
or renewed after previous notice and OPP
portunity to be heard.
My Judgment Is that the passage OF
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 i'll.
advised orders of injunction without
xyin dars
when issued much less Objectionable
by the short time in which they MAY
remain effective.
| New Laws Needed.
The Jurisdiction of the general gov
. eminent over interstate commerce ha,
led to the passage Of the so-callet
. | Sherman antitrust law" and the Gin
! | terstate commerce law" and its amend
: | ments. The developments in the oper
alton of those laws, as shown by in
. dctments, trials, judicial decisions
and other sources of information cal
for discussion and some suggestion
as to amendments. These 1 prefer t
embody in a special message instea
, of including them in the present com
munication, and I shall avail mysel
of the first convenient opportunity t
| bring these subjects to the attention o
. congress.
Second-CIass Mail Matter.
The deficit every year in the post
Office department is largely caused b
! the low rate Of postage Of l cent
I pound charged on second-class mai
matter. which includes not only news
papers but magazines and miscellan
;, eous periodicals. The actual los
= growing out of the transmission O
this second-class mail matter at cen
a pound amounts to about s63.000.00
a year. The average cost of the trans
: cents pound.
8 1t appears that the average distanc
o over which newspapers are delivere
+ to their customers is POI miles, Will
= the average haul of magazines is 1,04
= and of miscellaneous periodicals 1.12
8 miles. Thus, the average haul OF tn
= | magazine is three and one-half time
e and that of the miscellaneous period
e ical nearly four times the haul of tn
d daily newspaper, yet all of them pa
the same postage rate of l cent
= pound. The statistics of 1907 sho'
e that second-class mail matter .const
e tuted 63.91 per cent of the weight
IL all the mail. and yielded only 5.19 pc
cent of the revenue.
n The figures given are startling, an
/ show the payment by the governmeI
J. of an enormous subsidy to the new!
1t papers, magazines and periodicals. ar
s. congress may well consider whetht
u radical steps should not be taken
70 reduce the deficit in the post-office d.
s. partment caused by his discrepanc
between the actual cost of transport;
1t ton and the compensation exactf
n therefor.
!; A great saving might be mad
amounting to much more than half
the loss. by imposing upon magazine
and periodicals a higher rate of pos
age. They are much heavier thu
s. newspapers, and contain much high
E. proportion of advertising to readir
lie matter. and the average distance
~ their. transportation is three and ha
n times as great
In The total deficit for the last fisc
o. year in the postoffice departing
K amounted to ST. 500. 900. The branch
es of its business which 1t did at 10
IS were the second-class mail service,
n which the loss. already said. w
ed $63.0c0000. and the free rural delivery
OF which the loss was 5000. 900. The
ne losses were in part Offset by {
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