Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1909-12-10

ness TO WnlCn lUhI court IL SuOJeCLcu IL
is impossible to hope that radical and
proper reform of the federal equity pro-
cedure can be brought about l 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
view to simplifying and expedting the
procedure as far SIS possible and making
II as inexpensive as may be to the liti-
CANT of little means.
lnjunctions 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 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
| or temporary restraining order should be
| issued without notice, except where ir-
| reparabls injury would result from delay,
| in which case n 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-considered injunc-
tions without notice will be removed by
| the enactment of statute forbiddinB
hereafter the issuing of any injunction
or restraining order, whether temporary
or permanent, by any federal court,
| without prayinnq nOtiCQ and n aSOnablN
opportunity to be heard on behalf of the
| parties to be enjoined; unless II 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 finding, 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 II 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-
! fendant 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 ix, unless
within such seven days or such less pc
| or renewed after previous notice and op-
| 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 ILL
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 effective.
New Laws Needed.
..-. The Jurisdiction OF the general gov
ernment over interstate commerce has
led to the passage of the so-called
Sherman antitrust law and the in
terstate commerce law and its amend
ments. The developments In the -oper-
alton of those laws, as shown by in
dictments. trials judicial decisions.
and other sources of information. call
as to amendments. These / prefer to
embody in a special message instead
OF including them in the present COM
munication. and 1 shall avail myself
of the first convenient opportunity to
bring these subjects to the attention OF
congress.
Second-class Mail Matter.
The deficit every year in the post
Office department is largely caused by
the low rate of postage of / cent a
pound charged on secopa-class mail
matter which includes not only news
papers but magazines and miscellan-
eous periodicals. The actual losz
growing out of the transmission OF
this second class mail matter at l cent
a pound amounts to about $63,OOO.O OOO
a year. The average cost OF the trans
portation of this matter Is more than
cents pound.
1t appears that the average distance
| which delivered
to their customers is 291 miles. while
the average haul OF magazines is 1,049
and of miscellaneous periodicals LIPS
miles. Thus the average haul OF the
magazine la three and one-half times
and that of the miscellaneous period
ical nearly four times the haul of the
daily newspaper, yet all of them pay
the same postage rate of ] cent q
pound. The statistics of 1907 show
that second-class mail matter consti-
} tuted 63.91 per cent of the weight oi
, all the mail. and yielded only SIS pei
cent OF the revenue.
The figures given are startling, ant
show the payment by the government
of an enormous subsidy to the news
papers. magazines and periodicals, and
congress may well consider whether
radical steps should not be taken tc
reduce the deficit in the post-ofiice de-
partment caused by this discrepancy
between the actual cost of transporta
ton and the compensation exactec
therefor.
} A great saving might be made
amounting to much more than half o.
the loss. by imposing upon magazine!
and periodicals higher rate of post
age. They are much heavier thar
newspapers. and contain much higher
: proportion of advertising to reading
matter. and the average distance o.
their transportation is three and a hal
times as great
The total deficit for the last fisca
year in the postofflce department
amounted to $17.5O0.OO0. The branches
OF Its business which II did at a los
, were the second-class mail service. IL
which the loss as already said. wa
100000. and the free rural delivery II
: which the loss was SOS. 100000. Thes
= losses were in part offset by thu
! profits of the letter postage an'
| other aDurcea NJ income II yOul,