The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-12-08

Owing to the necessity for economy
4 in expenditures. l have directed the
curtailmcnt of recommendations for
naval appropriations. SO that they are
thirty-eight millions less than the Ger
responding estimates OF last year. and
the request for new naval construction
is limited to two first-class battle
ships and one repair vessel.
/ The use of a navy is for military
purposes. and there has been found
need in the department of military
branch dealing directly with the mill
!, tary Use of the fleet. The secretary
of the navy also felt the lack of the
responsible advisors to aid him in
reaching conclusions and deciding i'm
portant matters between coordinate
branches of the department. To Sc
cure these results he has inauguratd
tentative plan involving certain
changes in the organization of the navy
/ department including the navy yards.
all of which have been found by the
attorney general TO be in accordance
with law.
/ / have approved the execution of
/ the plan proposed because of the
/ greater efficiency and economy II
/ promises.
! The generosity Of congress has pro-
Sidcd in the present naval observatory
the most magnificent and expensive
! astronomical establishment in the
world. 1t is being used for certain
| naval purposes, which might easily
and adequately be subserved by a small.
division connected with the navy de-
partment at only a fraction of the cos.
| of the present naval observatory The
! official board of visitors established
by congress and appointed in 1901 cx-
pressed its conclusion that the official
head Of the observatory should be an
eminent astronomer appointed by the
president. and with the advice and con-
sent OF the senate, holding his place by
a tenure at least as permanent as the
superintendent of the coast survey or
the head of the geological survey. and
not merely by 4 detail Of two or three
years duration. ! fully concur in this
judgment and urge a provision by law
for the appointment of such a director
| II may not be necessary to take the
observatory out of the navy depart
ment and put il into another depart
ment. in which opportunity for scien-
tific research afforded by the observ-
atory would seem to be more appro-
pirate. though l believe such transfer
in the long run is the best policy.
am sure. however. l express the desire
of the astronomers and those learned
in the kindred sciences when urge
upon congress that the naval observa-
tory be now dedicated to science un-
der control of a man of science who
can. If need be. render all the service
3 IN ha a,.t,,, ,,.t,; lit.
| servatory now renders. and still fur
nish to the world the discoveries in as
tronomy that n great astronomer using
| such a plant would be likely to make
Department Of Justice.
| Expedition in legal procedure)-T
deplorable delays i'm the administration
of civil and criminal law have received
the attention of committees Of the
| American Bar association and of many
state bar associations. as well as the
considered thought of judges and
jarists. In my judgment a change In
judicial procedure. with view to re-
ducing its expense to private litigants
in civil cases and facilitating the dis
patch of business and final decision in
both civil and criminal cases, consti-
| tutes the greatest need in our Ameri-
| can institutions. l do not doubt for
one moment that much of the lawless-
ness, violence and cruelty exhibited
in lynchings is due directly to the I'M
certainties and injustice growing out
of the delays In trials. judgments and
the executions thereof by our courts.
OF course, these remarks apply quite
as well to the administration of JUS
tice in state courts as to that i'm fed
eral courts, and. without making in
sidious distinction. Ii is perhaps not
too much to say that. speaking gen.
orally the defects are less - the fed
eral courts than the state courts. But
they are great in the federal courts
The expedition with which business is
disposed OF both I'm the civil and the
criminal side of English courts. under
modern rules of procedure, makes the
delays in our courts seem archaic and
barbarous. The procedure in the fed
eral courts should furnish an example
for the state courts. l presume il is
impossible without an amendment to
the constitution to unite under one
form of action the proceedings at COM
mon law and proceedings in equity in
the federal courts. but il is certainly
not impossible by statute to simplify
an dmake short and direct the proce-
dure both at law ard i'm equity in those
courts. II is not impossible 10 cut
down still more than ii Is cut down,
the jurisdiction of The supreme court.
as to confine il almost wholly to stat
utory and constitutional questions.
Under the present statutes, the equity
and admiralty procedure in the federal
courts Is under the control Of the su-
preme court. but in the pressure Of
business to which that court is sub
iected il is impossible to hope that
radical and proper reform of the fed
eral equity procedure can be brought
about i
l. therefore. recommend legis-
lation providing for the appointment
by the president of a committee with
authority tn examine the law and
equity procedure of the federal courts
Of first instance. the law of appeals
from those courts to the courts of APP
peais and to the supreme court and
10 the costs imposed in such procedure
of the federal courts of first instance.
the law of appeals from those courts