Cameron County press. [volume] (Emporium, Cameron County, Pa.) 1866-1922, 1909-12-09

prene court but In the pressure OF bust
ness to which that court is subjected IL
Is impossible to hope that a 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 recommends tions with a
view to simplifying and eNpedting the
procedure as far as possible and making
| it as inexpensive may be to the liti-
CANT of little means.
Iniun ctions 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 viii
ever insist that their powers to enforce
| their process and to protect life, liberty
and property shall be preserved invioate.
| We believe, however, that the rules of
procedure in the federal courts with
| 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 whore ir-
reparable injury would result from delay.
in which case q speedy hearing there
| after should be granted"
| recommend that In compliance with
the promise thus made appropriate lcgis-
/ laton 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 a statute forbiddng
hereafter, the issuing of any injunction
or restraining order whether temporary
l. or permanent. by any federal court,
| without previous notice and a reasonable
i opportunity to be heard on behalf of the
| parties to be enjoined; unless 1t shall ap-
pear to the satisfaction of the court that
the delay necessary to give such notice
| and hearing would result in rreparable
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
| and irreparable injury is likely to ensue
to the Complainant and shall define the
i injury, state why 1t is irreparable and
Il shall also indorse on the order issued the
| date and the hour of the issuance of the
order. Moreover. every such injunction
4 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 fix, unless
! within such seven days or such less Pc
| riod the injunction or order is extended
or renewed after previous notice and op-
| portunity to be heard
| My judgment is that the passage of
! such 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
/ Dhipptinna
/ 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 it's amend
ments. The developments in the oper-
| alton of those laws, as shown by in
| dictmcnts. trials. judicial decisions.
and other sources of information. call
! for discussion and some suggestions
/ as to amendments These ] prefer to
| embody in special message instead
| of including them in the present com
| munication, and l shall avail myself
/ of the first convenient opportunity to
| bring these subjects to the attention of
| congress.
Second-cIass Mail Matter.
The deficit every year in the post
| office department is largely caused by
| the low rate of postage of l cent a
| pound charged second-class mail
matter, which includes not only news
| papers but magazines and miscellan-
| eouS periodicals. The actual loss
| growing out of the transmission of
| this second-class mail matter at l cent
a pound amounts to about $63000,000
| year. The average cost of the trans
| portation of this matter is more than
| cents pound.
| 1t appears that the average distance
| over which newspapers are delivered
| to their customers is 291 miles while
| the average haul of magazines is 1,049.
| and or miscellaneous periodicals 1,12S
| miles Thus. the average haul of the
| magazine is 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 l cent a
| pound. The statistics of 1907 show
| that second class mail matter consti
| tuted 6391 per cent OF the weight of
| all the mail and yielded only 5.19 per
cent of the revenue.
The figures given are startling. and
| 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 to
reduce the deficit in the post office de-
paFtmeht caused Dy this discrepancy
between the actual cost of transporta-
| tion and the compensation exacted
therefor.
A great saving might be made.
amounting to much more than half of
| the loss. by imposing upon magazines
and periodicals higher rate of post
age. They much heavier than
newspapers, and contain much higher
proportion of advertising to reading
matter. and the average distance of
their transportation is three and half
times great.
The total deficit for the last fiscal
year in the postoffice department
amounted to SIT. 900. The branches
of its business which 1t did at a loss
were the second-class mail service, in
which the loss. as already said was
$63 600, and the free rural delivery in
which the loss was S2S, 600 900. These
losses were in part Offset by the
profits of the letter hostage and