The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-12-10

prsms ceust. bst In ths pressure Of busi-
ness to which that court 10 subjected IL
10 Impossible 70 hope that . radical and
proper reform of the federal equity pro-
cedure can Be brought about 1 therefore
recommend legislation providing for the
appointment by the president OF q COM
misaion with authority to examine the
law and equity procedure Of the federal
peals from those courts TO the courts Of
appeals and to the supreme court. and the
costa imposed In such procedure upon the
private litsants and upon the public treas
ury and make recommendations with q
view to simplifying and expediting the
procedure as far as possible and making
II ~ inexpensive as may be to the liti.
CANT of little means.
inJunetions 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
guuCtiOu bnouIu De MUTE accurately ue-
fined by statute and that no Injunction
or temporary restraining order should be
issued without notice. except where ir-
reparabIe injury would result from delay,
In which case speedy hearing there
after should be granted"
I 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-
tions without notice will be removed by
the enactment of a statute forbiddinG
hereafter the issuing of any injunction
or restraining order. whether temporary
or permanent. by any federal court.
without previous notice and a reasonable
opportunity to be heard on behalf OF the
parties TO be cnjoined: unless II shall APP
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
. written finding. which shall hs spread
upon the court minutes. that immediate
and irreparabie injury 10 likely to cnsue
70 the complainant. and shall define the
injury. state why II In 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-
PENDANT 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 NJ. unless
within such seven days or such less Pc
Rod the Injunction or order Is extended
or renewed after previous notice and op-
portunity to BE- heard.
My judgment II that the passage Of
such an act which really embodies tho
best practice In equity and IL very
like the rule now In force In some
courts win prevent the issuing OF H.
advised orders of injunction without
notice and will render such orders
when issued much less Objectionable
by tho 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-calied
sherman antitrust law and the In
terstats commerce law" and Its amend
ments. Tho developments In tho oper-
alton OF those laws. as shown by In
dictments. trials. judicial decisions,
and other sources OF informa, lion. call
for a discussion and some suggestions
n TO amendments. These l prefer TO
embody In . special message instead
of including them In the present COM
muntcation. and shall avail myself
of the nrst convenient opportunity to
bring these subjects to the attention OF
congress.
sscond-clsss Mall Matter.
The dencit every year In the post
ONCE department 10 largely caused by
the low rate Of postage Of l cent .
matter. which includes not only news
papers but magazines and miscelian-
eous periodicals.. Tho actual loss
growing out of the transmission of
this second-class mall matter at 1 cent
a pound amounts TO about $50. 900. 900
. year. The average cost of the trans
portation Of this matter 10 more than
. cents q pound.
It appears that the average distance
over which newspapers are delivered
20 their customers 10 AL miles. while
the average haul OF magazines II 1,0ls.
and of miscellaneous periodicals 1.i2s
m&es. Thus. the average haul Of the
magazine II three and onc-hnlf 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 q
pound. The statistics OF 1907 show
that second-class mail matter consti-
tuted sa.s1 per cent OF the weight Of
all the mail. and yielded only $40 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 tho post -of1ice de-
partment caused by. this discrepancy
between the actual cost OF Transports
lion and the compensation exactsd
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 |
lge. They are much heavier than
newspapers. and contain . much higher |
proportion of advertising to reading |
matter. and the average distance of /
heir transportation 10 three and a half |
lines A. great
The total deficit for the last fiscal /
FEAR In the postonice department /
to 1i7.soo.oo0. The branches
Il Its business which II did at a loss /
we're the second-class mail service In /
which the loss. AZ already said. was |
81. 100000. and the free rural delivery In /
which the loss was IS 10000 These
In "a, k.,