The new era., 1909-12-16

preme court. but in the pressure OF busi-
ness to which that court is subjected 1t
is Impossible to hope that a 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 a 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 tho 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 a
view to simplifying and expediting the
procedure as far as possible and making
1t as inexpensive as may be to the liti-
giant of little means.
Injunetions Without Notice.
The platform of the successful party in
tho last election contained the following:
1.-THE Republican party will uphold at
all times the authority and integrity of
tho 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 q speedy hearing there
after should be granted"
recommend that In compliance with
the promise thus made appropriate legls-
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 a statute forbidding
80 lVrf Inn
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 1t 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 mako
| written finding, which shall be spread
upon tho 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 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 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.
| for a discussion and some suggestions
| as to amendments. These I prefer to
| embody in q 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-cIass Mail Matter.
The deficit every year in the post
| ofIlce department Is largely caused by
| the low rate of postage of 1 cent a
pound charged on second-class mall
| matter. which includes not only news
| papers but magazines and miscellan-
| eous periodicals. The actual loHJ
| growing out of the transmission of
this second-class mail matter at 1 cent
| a pound amounts to about $63,OOO.000
a year. The average cost of the trans
portation of this matter 10 more than
cents a pound.
| over which newspapers are delivered
| to their customers is 291 miles. while
the average haul of magazines is 1908.
| and of 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 ! cent a
| pound. The statistics of 1907 show
| that second-class mall matter consti-
\ tuted 63.91 per cent of the weight of
| all the mall. 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-
| partment caused by 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 are 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 postofflce department
| amounted to $17.5O0.OO0. The branches
of its business which 1t did at loss
were the second-class mall service. In
which the loss. as already said. was
s63 0oO OOn and the free rural delivery in