Arizona republican., 1909-12-08
Iardinsss ef Justice.

istration of civil and criminal law have
 received the attention of committees of
 the American Bar association and of
 many state bar associations. as well as
 the thought of judges and jurists. In
 my judgment change in judicial pro-
 cedure, with a view to reducing it's ex- pense to private litigants in civil cases
 and facilitating the despatch of busi-
 ness and final decision in both civil and criminal cases. constitutes the greatest
 need in our American institutions. l | do not doubt for one moment that | much of the lawless violence and cruel- ty exhibited in lynchings is directly due | to the uncertainties and injustice grow | ing out of the delays in trials. judg- | ments and the execution thereof by our
 courts. Of course, these remarks apply
 as well to the administration of justice
 in state courts as to that in federal
 courts. and without making invidious
 distinction it is perhaps not too much
 to say that. speaking generally the de 1 fleets are less in the federal courts than ! in the state courts. But they are very
 great in the federal courts. The ex 1 petition with which business is dispos- | ed of both on the civil and the crim-
 inal side of English courts under mod
 ern rules of procedure makes the de- 1 lays in our courts seem archaic and barbarous.
 The procedure in the federal courts should furnish an example for the state courts. l presume it Is impossible, with out an amendment to the constitution, to unite under one form of action the proceedings at common law and pro- ceedings in equity in the federal courts but it 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. It is not i'm possible to cut down still more than 1t is cut down the Jurisdiction of the su- preme 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 supreme court but in the pres sure of business to which that court is subjected it is impossible to hope that a radical and proper reform of the fed eral equity procedure can be brought about. l therefore recommend legisla- ton providing for the appointment by the president of a commission with authority to examine the law and equity procedure of the federal courts of first instance, the law of appeals from those courts to the courts of ap- peals and to the supreme court and the costs imposed in such procedure upon the private litigants and upon the pri- vate treasury and make recommenda- ton with a view to simplifying and ex- ls C. ble and making it as inexpensive as may be to the litigant of little means
 Injunctions Without Notice.
 The platform of the successful party in the last election contained the fol- lowing:
 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 invio- late. We believe, however. that the rules of procedure in the federal courts with respect to the issuance of the writ of injunction should be more ac- curately defined by statute. ard that no injunction or temporary restraining order should be issued without notice. | except where irreparable injury would | result from delay. in which case a ! speedy hearing thereafter should be ! granted
 l recommend that in compliance with | the promise thus made appropriate leg | islation be adopted. The ends of jus 1 tice will best be met and the chief | cause of complaint against ill-consid- cred injunctions without notice will be ! removed by the enactment of a statute | forbidding hereafter the issuing of any | injunction or restraining order. wheth- CT temporary or permanent. by any fed | eral court without previous notice and reasonable opportunity 10 be heard | on behalf of the parties to be enjoined: unless it shall appear 10 the satisfac tion of the court that the delay neces- sary to give such notice of 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 irreparable injury is likely to ensue to the complainant, and shall define the injury, state why il is irreparabie and shall also endorse on the order issued the date and the hour of the issuance of the order. Moreover every such in junction or restraining order issued without previous notice and opportun- ity by the defendant to be heard should by force of the statute expire and be of no effect after seven days from the issuance thereof or within any time less than that period which the court may fix. unless within seven days or such less period the injunction or order is extended or renewed after previous notice and opportunity 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 notice and will render such orders when issued much less objectionable by the short time in which they may remain effec- tive.
 Antitrust ard Interstate Commerce
 Laws.
 The Jurisdiction of the government over interestate commerce has been left to the passage of the so-called asher man antitrust law and the Interstate Commerce law" and it's amendments The developments in the operation of