The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1909-12-09

was a noteworthy event OF Interest alike
to citizens and the naval authorities
"a ar. tns TGs,a- ef Hesld en t onr G p%sssoual , and
diplomatic relations in tho countries
which the fleet visited. the marked sue
world in all weathers on schedule time
has increased respect for our navy and
has added to our national prestige.
si pa sections aors'e Of ne RssS coantry fe IS Young i 'ana
tiona, spirit. 1t is, moreover, owing to
into the modern man-of-warsmen. Our
officers are earnest and jealous In the.c
profession but II Is a regrettsbie fact
responsibilities of the modern navy. and
the admirals, do not arrive. at flag rank
young enough 70 obtain adequate rain.
need for reform In the navy has been ably
and earnestly presented. to congress by
oYm prsde sss sub, snd FOR / also on% srEsnsly rec
Early In the coming session a compre-
hensive plan for the reorganiza ton Of the
preseeps Or to an s sH1PT 3, 's and navy h wls G,e s
will meet with action suited to it's ur-
gency.
Expedition in Legal Procedure.
The deplorable delays. In tte. admins
tration Of civil and criminal law have
received the attention Of committees Of
the American Bal association and OF
many state bar associations, as we'll as
TIC COuSiueItd luOu6ut Ol JuOBcb LII
jurlsts. In my Judgment, a change in ju-
dicial procedure, with q view to reducing
Its expense TO private litigants In civil
business and final decision in both civil
and criminal cases, constitutes the great
est need In our American institutions. 1
Of the lawless violence and cruelty ex-
hibited in ~lynchings IL directly due to
the uncertainties and Injustice growing
the executions thereof by our courts. OF
course these remarks apply quite as well
to the administration of justice In state
without making invidious distinction II Is
perhaps not too much to say that. speak
Ing generally, the defects are less IN the
f sSt meg courts are T Hesy expedition ssst w i'm
which business is disposed Of both on
courts under modern rules Of procedure
makes the delays In our courts seem
archaic and barbarous. The procedure In
the federal courts should furnish an ex.
ample 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 common law
and proceedings in equity In the federal
courts, but 1t Is certainly not Impossible
by a statute to simplify and make short
and direct the procedure both at law and
In equity In those courts. 1t Is not Inn
possible to cut down still moresthan II IS
cut down, the Jurisdiction Of the supreme
lSSaAN oO ao ~ W. - NV
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,
but in the pressure Of business to which
that court, Is subjected. 1t Is impossible to
hope that a radical and proper reform OF OF
brought about. l therefore recommend
legislation providing for the appointment
by the president of a commission with
authority to examine the law and equity
procedure of the federal courts of first
instance, the law Of appeals from those
courts to the courts Of appeals and to ne
such procedure upon the private tigants
and upon the public treasury and make
recommendation with a view to simPli-
as possible and making 1t as inexpensive
as may be to the litigant Of little means.
lnjunctions Without Notice.
The platform Of the successful party nj
the sT last re eleGs1Sn e0 nnrtY Will the spbolS at sil
times the authority and integrity OF the
courts. state and federal, and will ever
insist that their powers to enforce their
and property shall be preserved inviolate:
We believe, however. that the rules or
procedure in the federal . courts Ss yr, Win n re- re-
junction should be more accurately de-
fined by %statute, and that no inJunc-
Should siUm be 'f issped Without oes'' notice. except
where ~irreparable injury would result
from delay, in which case a speedy hear
[ recommend that in Compliance with
the promise thus made, appropriate leg
~islation be adopted. The n d 'of justice
win hest be mes ana d tne es Shlea cd iniin OF
lions without notice, will be removed by
the enactment of a statute forbidding
hereafter the issuing OF any Injunction
or permanent, by any federal court, with
out previous notice and a reasonable OPP
portunity to he heard on behalf OF the
appear to the satisfaction OF the court
that the delay necessary to give such no.
tice and hearing would result IN M irr ,n1ass
also the court shall from the evidence
make a written finding, which shall, be
spread upon the court minutes; ,hat tim i'm
to ensue to the complainant. and shall
define the injury, state why 1t Is irrep-
arabic. and shall also endorse S on the or
Issuance Of the order. Moreover, every
such Injunction or restraining order Is
sued without It'll ut previous Sens. n9tiee and nd 1 basnd
and be Of no effect after seven days from
The. , ,ban aSst t neriSa Which Ss Sit lhe c any 1 mas
fix. unless within such seven days or
such less period. the Injunction or order
is extended or renewed after previous no.
lice and opportunity 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 Or
ders of mi, motion without notice and will
render such orders when issued much less
Objectionable by. the short' time In which
they may remain effective.
Anti Trust Commerce Laws.
The Jurisdiction Of the general govern
ment over Interstate commerce has led to
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
formation, call for a discussion N some
suggestions as to amendments. These I
prefer to embody In a special message in
stead of including them In the present
communica ton, and l shall avail myself
Of the first. convenient opportunity to
bring these subjects to the attention of
congress.
Postoffice Department.
The 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 newspapers but maya
zines and miscellaneous periodicals. The
actual loss growing. out of. the transmits
sion of this second class mail matter at /
cent a pound amounts to about sea, 900, 900
a year. The average cost of the trans
portation of this matter is more than 0
cents a pound. go ~
1t appears that. the average distance
over which newspapers are delivered TO