The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1909-12-10

speou9e soonfes but II stAsz M . ~ but.
mess 70 which thak court ~ Ssdb5sotsda Il
p impossible 70 hops that . radical and
proper reform Of the federal equity pro-
cedure can be brought shout. I therefore
recommend legislation providing for the
appointment by the president Of Z 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 recommendation with
view to simplifying and expediting the
procedure as far as possible and making
1t as inexpensive as may be to the It'll
CANT Of little means.
lnjunetions 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-
reparable injury would result from delay,
in which case speedy hearing there
after should be granted"
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-
tons without notice will be removed by
ocfr af a off fI,fo
hereafter the issuing of any injunction
or restraining order, whether temporary
or permanent, by any federal court,
without previous notice and reasonable
opportunity to be heard on behalf Of the
parties to be enjoined; unless it shall ap-
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 it 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-
PENDANT to be hard should by force of
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 OPP
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
eminent 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
dictments, trials, judicial DECISIONS
and other sources of information, call
for discussion and some suggestions
as to amendments. These I prefer to
| embody in special message instead
| of including them in the present COM
munication, and 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 1 cent a
pound charged on second-class mail
matter, which includes not only news
papers but magazines and miscellan-
eous periodicals. The actual loss
errn of two, ;ee;@ 1F
this second-class mail matter at cent
pound amounts to about $4,000. 900
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 of miscellaneous periodicals 1928
miles. Thus, the average haul of the
magazine Is three and one-half times
and that of the miscellaneous period
ica1 nearly four times the haul of the
daily newspaper, yet all of them pay
the same postage rate of 1 cent a
pound. The statistics of 1907 show
that second-class mail matter consti-
| tuted 63.91 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 we'll consider whether
radical steps should not be taken to
reduce the deficit in the post office de-
partment caused by this discrepancy
between the actual cost of transporta-
ton 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 a higher rate of post
age. They are much heavier than
newspapers, and contain a much higher
proportion of advertising to reading
matter, and the average distance Of
their transportation is three and half
times as great.
The total deficit for the last fiscal
year in the postofice department
amounted to, $17,50o.00O. The branches
Of its business which it did at loss
were the second-class mail service in
which the loss. as already said, was
$63, 10000, and the free rural delivery in
which the loss was $2Scoo,oOo These
losses were in part Offset by the
profits Of the letter postage and
other sources of income. It would
seem. wise to red1ce the lass ,,non