Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1909-12-09
sut they are very great in the
,e,, courts. The expedition with

5sS;a, n courts: rhs espsdit.on wits ff
the civil and the criminal side of English
courts under modern rules of procedure
\ makes makes the delays in our courts seem
the federal courts should furnish an ex.
ample FOR the state courts 1 presume II
II impossible. without an amendment to
" one constitution, to unite under one form
OF Oh action the proceedings at common law
anu proceedings in equity in the federal
courts. but 1t Is certainly not impossible
ny statute to simplify and make shor,
una ~ direct the procedure both at law and
IN equity In those courts. 1t Is not i'm
possible to cut down still more than it is
cut down. the jurisdiction of the supreme
court so as to confine 1t almost wholly
70 statutory and constitutional questions
nder the present statutes the equity and
admiralty procedure in the federal courts
nut IN the pressure of business to which
that court Is subjected, 1T is impossible to
nope th That a radical and proper reform of
Drought about. therefore recommend
legislation providing for the appointment
o. ny the president Of a commission with
procedure of the federal courts of first
instance. the law of appeals 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 treasury and make
recommendation with a view to simpli-
- iiAS uiIu cAIeultlIS tne PROCEDURE as fAr
as possible and making Ii as Inexpensive
as may be TO the litigant of little means.
lnjunctions Without Notice.
ne 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
pro, and 10 protect life. liberty.
ana property shall he 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
iined by statute. and that no injunc-
ton ci temporary restraining order
should be issued without notice except
where irreparable injury would result
from delay, in which case Il speedy hear
ing thereafter should be granted;
i recommend that in compliance with
islasien be alopted. The ends Of justice
complaint against ill-consdered injunc-
tons without notice will be removed by
the enactment of statute forbidding
hereafter the issuing of any Injunction
or restraining order. whether temporary
or permanent, by any federal court. with
ont previous notice and reasonable OPP
portDity to he heard behalf of the
parties 10 be enjoined unless 1t shall
appear TO the satisfaction of the court
tice and hearing would result in irrepar-
able injury to the complainant and unless
ais OF the court shall from the evidence
spread upon the cour, minutes. that i'm
mediate and irreparabe injury is likely
to ensue to the complainant. and shall
define the injury, state why it is rrep-
arabic, and shall also endorse on the or
der issued the date and the hour of the
Issuance of the order. Moreover. every
such injunction or restraining order is
sued without previous notice and oppor-
tunity by the defendant to be heard
should by force of the statute expire
and be of no effect after seven days from
the issuance thereof or within any time
less than that period which the court may
fix. unless within such seven days or
such less pe-iod. the injunction or order
is extended or renewed after previous no
tice and opportunity to be heard
My Judgment is that the passage of
such an act which really embodies the
hes practice in equity and is Very like
will prevent the issuing of ill-adviscd or
ders of injunction without notice and will
render such orders when issued much less
Objectionable by the short time i'm which
they may remain effective.
Anti Trust Commerce Laws.
The jurisdiction of the general govern
ment over interstate commerce has led to
ahe passag s Of the so so-caled SHERMAN
merce law and Its amendments. The
developments In the operation of those
laws. as shown by Indictments. trials, iu-
d ei decisions. and other sources of in
suggestions as TO amendments. These /
prefer to embody in a special message in
stead of including them in the present
communication. and 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 / cent pound charged
on second class mail matter, which in
zines and miscellaneous periodicals. The
actual loss growing out of the transmits
sion of this second class mail matter at /
cent pound amounts to about s63. 900. 600
a year. The average cost of the trans
portation of this matter is more than o
cents pound.
IT appears that the average distance
their customers is 29l miles. while the
average haul of magazines is 1,o49, and
of miscellaneous periodicals LIPS miles
is three and one-half times and that of
the miscellaneous periodical nearly four
times the. haul of the daily newspaper
yet all of them pay the same postage
rate of ! cent pound. The statistics Of
1907 show that second class mail matter
constituted 1921 per cent of the weight
cent of the revenue.
The figures given are startling and
show the payment by the government of
an enormous subsidy to the newspapers
may we'll consider whether radical Stems
should not be taken to reduce tho deticit
in the post office department. caused by
this discrepancy between the actual cost
of transportation and the compensation
exacted therefor.
great saving might be made. amounts
by imposing upon magazines and period
icals higher rate of postage They are
much heavier than newspa oers, and con-
tain much higher proportion of adyer-
fIlf
distance OF their transportation is three
and a half times as great.
commend the whole subject to con-
teliigence which a low charge for carry
ing newspapers and periodicals assists
very much doubt. however. the wisdom
subsidy and requires additional taxation
to meet 1t.
Postal Savings Banks.
t., me ne, second $, subject worthy of mention
nec,e.ssity and entire. particability of es-
tapilshing postal savings banks The sue
G g.. party at the last election declared
IN II, favor Of postal savings banks, and
m many parts of the country, ] am con-
WINGED that the people desire such banks,
ana a am sure that when the banks are
furnished they win be productive OF tie
utmost good The postal savings banks
are not constituted for the purpose of
Creating ,,a competition with other banks.
i'.tN W ilitti'fst upon deposits TO
which they would be limited would be so
small as To- prevent their drawing depos-
lts away from other banks
believe them to be necessary In or
DER TO piier proper inauccment to thrift
ana SAVING to great many people of
sfnall means who do moi now have bank
ing iacilltics, and 10 whom such n sys-
ton would offer an Opportunity for The
accumulation of capital. They will fur
hisi1 satisfactory subs tit,lte. based on
Sonnd principle AMI actlal successful
TRIAL in nearly all the countries Of the
World 10! the system of governments
guaranty ~ deposits now being adopted
ia several western states wficb vi Ii
Difference % thosc who advocate. it seem i,
- m" 10 have in il The seeds Of dennorali-
zailon TO conservative banking ana cer-
tain financial disaster,
Tho question OF How the money denos-