The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-12-09
its voyage around the world. IN more eft

l winch lI1e meet SlSlleO, the marked sue
cess of he ships in steaming, around the
world in all .weathers on schedule time
has Increased respect for our navy and
Our enlisted personnel recruited from
all sections Of the country is young and
snauset Spirit at.o It Itepis is. Moreover OF owing vine na to
its Intelligence, capable Of quick training
into the modern man-of-warsmen. Our
profession, but it is a regrettable fact
that the higher Officers are old for the
1espoasibilities of the modern navy. and
young enough to obtain adequate train
ing in their duties as flag officers This
and earnestly presented to congress by
olnmend the subject for consideration.
early in the coming session a compre-
hensive plan for the reorganiza ton of the
officers of all corps of the navy. will be
p Mili meet Will eo netien sn aha ! 10 h;H }pp ,,r :.
gency.
Expedition in Legal Procedure.
The deplorable delays. in the admins
received the attention Of committees of
the American Bar association and Of
many state bar associations. as we'll as
the considered thought of judges and
%jurists. In my judgment. a change in ju-
dicial procedure, with a view to reducing
It's lass sNp and e 70 PIiyass l 1ba a}s, in civil Vi
business and final decision in both civil
and criminal cases. constitutes the great
ISL lSeu III OuI AlIlSIlCdl lNSlltutlOTS. l
do not doubt for one moment that much
Of the lawless violence and cruelty en-
hihited in l%ynchings is directly due to
out of the delays in trials. judgments and
the executions thereof by our courts. OF
course these remarks apply quite as well
10 the administration of justice i'll state
courts as to that in federal courts, and
without making invidious distinction it is
ing generally, the defects are less in the
federal courts than in the state courts.
f ED. they sourf Are T yery exgp rsnf in w the
which business is disposed of both on
the civil and the criminal side of English
G msTes under md modern rules lies Of proce saar
archaic and barbarous. The procedure in
the + federal courts should furnish an eX.
is impossible, without an amendment to
the constitution, to unite under one form
OF action the proceedings at eommon law
courts, but it is certainly not impossible
by a statute, to simplify and make short
in equity in those courts. ii is. not i'm
possible to cut down still more than it is
cut down, the jurisdiction of the supreme
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,
that court is subjected, it is impossible to
hope that a radical and proper reform of
brought about. / therefore recommend
legislation providing for the appointment
authority to examine the law and equity
procedure of the federal courts Of first
l sonrfa e. me the LAWS law Of ii ap ppeaaIs fa and IL th4 fSe
supreme court, and the costs imposed in
such procedure upon the private 1itigants
recommendation with a view to simpli-
flying and expediting the procedure as far
as possible and making 1t as insxpensiye
ln%iunctions Without Notice.
The platform OF the successful party in
the last election contained the following,
The republican party will uphold at all
e u 'H state and federal daa aid and Viii ever sr
insist that their powers to enforce their
Ps : pTepe ans shah !S 5 p5G p ! ,sdsi in7 llsssts:
procedure in the federal courts with re-
junction should be more. accurately de-
tined by statute. and. that no inJunc-
s s1on ir be tf issped Wyitho os=Str ndfice: eS Scaef
where, ir%reparable injury would result
from delay, in which case a speedy hear
ing thereafter should be granted"
l recommend that In compliance with
the t! promise his ad thus mad dee a lpgs ri ias leg,
complaint against ill-considered injunc-
tons without notice will be removed by
h fae eneetm 1Sa ts e1 a s 81 anS %fofplaaiog
or permanent, by any federal court, with
portunity TO he heard on behalf of the
parties to be enjoined; unless 1T shall
appear to the satisfaction Of the court
tice and hearing would result in irrepar-
able injury to the complainant and unless
also the court shall from the evidence
make a written finding, which shall be
spread upon the court u g., minutes, that i'm,
/ r -apc,,n 70 Tho Am IN 10 ~ an aud chafl
arabic, and shall also endorse on the Or
a issua aasaea Of ne the aa orde ano M Noe nSer OF eve ens
such injunction or restraining order is
sued without previous notice and oppor-
should BY force Of the statute expire
and be of no effect after seven days from
the ;ssuaH nee, t hsI;aa % or within hin c amy , tim e
such less period. the Injunction or order
tice and Opportunity to be heard. :
Ny judgment Is that the passage Of
such an act which really .embodies the
the rule now in force in some. courts
will prevent the issuing of ~ill-advised or
ders Of Injunction without notice and will
objectionable by the short time in which
they may remain effective.
Anti. Trust Commerce Laws.
The Jurisdiction Of the general govern
Il oNS1 AAAo leu "
the passage of the so-called SHERMAN
antitrust law and the Interstate COM
merce law and Its amendments. The
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 q special message In
stead of including them in the present
Communication and l hall avail myself
Of the first convenient opportunity to
bring these subjects to the attention Of
Postofies Department.
III deficit every year in the post office
department Is largely caused by the low
rate of postage of l cent a pound charged
on second class mail matter. which in
cludes not only. newspaper but maya
zines and miscellaneous periodicals. The
actual loss growing out of the transmis-
sion Of this second class mail matter at 1
cent a pound amounts to about 500. 900. 900
q year. The average cost of the trans
portation Of this matter is more than 9
cents a pound %