The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-12-08


= leo and Arizona, and I recon- =
= mend that legislation appropriate !.
= to this end be adopted. =
civil cases and facilitating the dispatch
OF business and final decision In both
civil and criminal cases, constitutes the
greatest need in our American institu-
tionS do not doubt for ono moment
that much OF the lawless violence and
cruelty exhibited In lynchings is direct
ly due to the uncertainties and injustice
growing out of the delays in trials judg
mcnts, and the executions thereof by our
courts. or course, these remarks apply
quite as well to the administration OF
justice in state courts as To that In fed
eral courts. and without making invid
ious distinction II Is perhaps not too
much TO say that speaking generally.
the defects arc less I'm the federal courts
| than the state courts. But they are great
| In the federal courts
Praises English Courts.
The expedition with which business is
disposed Of both in the civil and the
criminal side of English courts under
| modern rules OF procedure makes the de-
| laws in our courts seem archaic and
barbarous. The procedure In the fed
eral courts should furnish example for
| the state courts. / presume IL is I'm
possible without amendment 10 the con-
stitution TO unite under one form of ac-
! tion the proceeding at common law and
| proceedings in equity i'm the federal
courts, but II Is certainly not impossible
! by "A statute 70 simplify and make short
and direct the procedure both at law and
| in equity i'm those courts. II IS not
| impossible to cut down still more than
| IL Is cut down. the jurisdiction OF the su-
preme court. so as 20 connne It almost
| wholly 10 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, e is impossible 10 hope that
| a radical and proper reform of tho fed
eral equity procedure can he brought
| about
Commission Recommended.
| I therefore recommend legislation pro
| viding for the appointment by the prcsi-
| dent OF 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 appeals and To the supreme
| court and the costs imposed I'm such
upon the public treasury and make re-
| commcndstion with q view to simplify
ing and oXpeditirg the procedure as far
rs possible and making IT as inexpensive
as may be TO the litieant Of little means.
| The pla form 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
over insist that their powers 70 enforce
! their process and 10 protect life. liberty.
and property shall bc preserved lnvio-
late. We believe. however. that the rules
Of procedure in the federal courts with
respect 10 the Issuance Of the writ OF
defined by statute. and that no iniunc-
| tion or temporary restraining order
should be issued without notice. except
from delay in which case a speedy hear
ing thereafter should he granted
Wants to Keep Promise,
| ] recommend that In compliance with
the promise thus made, appropriate leg
lslatlon he adopted. The ends OF jus
tice viii best be met and the chief cause
of complaint against iil-ConsidcTcd in
functions without notice will be remove ed
by the enactment OF n statute forbid
ding hereafter the Issuing OF any In
junction or restraining order whether
temporary or permanent, by any federal
court. without previous notice and a
reasonable opportunity TO be heard on
behalf of the parties 10 be cnioincd; un-
less IL shall appear to the satisfaction oi
the court that the delay necessary 10
give such notice and hearing would re-
suit In irrcparabe injury to the COM
plainant and unless also the court shall
Ing. which shall bc spread upon the cour;
minutes. that immediate and irrepara bic
injury is likely TO ensuc TO the compla in
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