Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1909-12-17

WeatherS on aChCjIlc time has increased
respect for our hwy and has added to
our national prestige. Our enlisted per-
sonnet recruited fom all sections OF the
country is young Ind energetic and rep
reSentative of the hational spirit. Owing
to the necessity DR. economy In eNpendi-
lures, l have dirsted the Curtailment of
recommendations pr naval appropriations
so that they are tirty-eight millions less
than the corresponding estimates of last
year., and the reQeSt for new naval con-
struCtion is limite to two first-class bat
tie ships and one Iepair vessel.
The use of Il n,vy is for military pur-
poses, and there Jas been found need in
the department ota military branch deal
ing directly withthe military use of the
fleet. The secretly of the navy has also
felt the lack of raponsible advisers 10 aid
him in reaching bncluSionS and deciding
important mattdS between coordinate
branches of the department. To secure
these results he hs inaugurated a tenta-
tive plan involving certain changes in the
organization of te navy department, in
Guiding the navyEardS, all on which have
been found by tn attorney general to be
in accordance VIII law. | have approved
the execution of re plan propose because
of the greater aicienCy and economy 1t
promises.
The Department of Justice.
The deplorablt delays in the admins
tration of civil hnd criminal law have
received the attntion of committees of
the American lar Association and of
many state bar associations, as well as
the considered bought of Judges and
juriStS. In myHudGment, n change in
judicial prOceduf, with a view to re-
ducing it's eNpens to private ~litigantS in
civil cases and facilitating the dispatch
of business and ftal decision in both civil
and criminal caSf, constitutes the great
est need in our american institutions. |
do not doubt forOne moment that much
Of the lawleSS Hlence and cruelty e&-
hibited in lynChiJS is directly due to the
uncertainties and injustice growing out
Of the delays i} trials, Judgments. and
the executions thfeof by our courts, on
curse these rem$kS apply quite as We'll
to the administration of justice in state
courts as to thai in federal courts and
without making iEidiouS distinction it is
perhaps not too rtuCh to say that, speak
ing generally, thd defects are less in the
federal courts tltn in the state courts.
But they are vcf great in the federal
courts. The expedition with which bust
ness is disposed 4 both on the civil and
the criminal side Il English courts under
modern rules of p0cedure makes the de-
lays in our cOurtSEeem archaic and bar
barOuS. The procedure in the federal
courts should furnfh an example for the
state courts.
l presume it is impossible, without an
amendment to thd constitution, to unite
under one form Objection the proceedings
at common law ami proceedings in equity
in the federal cOIfts, but it is certainly
not impossible bN a statute to simplify
and make short aid direct the procedure
both at law and il equity in those courts.
1t is not impossible to cut down still
more than it is ct down, the jurisdiction
of the supreme curt 50 as to Contine it
almost wholly toEtatutOry and cOnStitu-
tional questions. Under the present stat
utes the equity D. admiralty procedure
in the federal COLTS is under the control
of the supreme CD TT, but in the pressure
of business to which that court is sub
iected, it is impossible to hope that n
radical and propet reform of the federal
equity procedure IAN be brought about.
I therefore recoranend legislation pro-
vfding for the appointment by the Presi-
dent OF a commisEon with authority to
examine the law AID equity procedure OF
the federal courtSt2 first instance, the
law of appeals frC1 those courts to the
courts of appeals land to the supreme
court, and the cost imposed in such pro-
cedure upon the prtate litigautS and upon
the public treasury and make recOTnmen-
datiOn with a Vidr to simplifying and
eXpediting the PROCEDURE as far as possible
and making it as heXpenSive as may be
to the litigant of Etle means.
..Snnp'' tnjunctions.
The platform of he successful party in
the last election chained TIE following:
The Republican, party will uphold at
all times the autlprity and integrity of
the courts. state Yd federal, and will
ever insist that tl!ir powers to enforce
their process and ! protect life, liberty,
and property shall pc preserved inviolate.
We believe, howetr, that the rules OF
procedure in the dderal courts with re-
spect to the isSuaIce of the writ of in
junction should b more accurately de-
fined by statute, hd that no injunction
or temporary restiining order should be
issued without uptCr, +SCFnt where ire
tlrabie injury vAdld result from delay.
IN which case II SHedy hearing thereafter
shUlid be granted
recommend tht i'll compliance with
the promise thus tade, appropriate legis-
latiOn be adopted The ends of Justice
will best be met Ind the chief cause OF
complaint against ill-cOnsidered injunc-
tons without nOtte Will be removed by
the enactment of q statute torbidGing
hereafter the iSStnC of any injunction
or restraining ordf, whether temporary or
permanent. by AMI federal court, without
I previous notice aid a reasonable oppor-
tunity to be heaT on behalf of the par
ties to be enjoine}; unless it shall appear
to the satisfaction of the court that the
delay necessary give such notice snd
hearing would reilt in irreparable injury
to the complainant.
Unless also TIT court shall from the
evidence make awritten finding, which
shall be spread ltOn the court minutes,
that immediate aid irreparable injury is
likely to ensue Il the complainant, and
shall define the iriury, state why it is ir-
reparable, and sfill also endorse on the
order issued the ute and the hour of the
issuance of the tder. Moreover, every
such Injunction orpeStraining order issued
without previous notice and opportunity
by the defendantIto be heard should by
force of the tatte expire and be of no
effect after seven lays from the issuance
thereof or within kny time less than that
period which thei court may fix, unless
within such seven days or such less peri
cd, the injunctionlo or order is extended or
renewed after precious notice and oppor-
tunity to be heard.
MY Judgment Is that the passage of
such an act with really enlbodics the
best practice in Equity md is very like
the rule now in force in ome courts. will
prevent the issuing of il-advised orders
of in Injunction without notice and will rem
der such orders when Issued much less
Objectionable bY the shot time in which
they may remaif effective
Interstnt@ Laws.
The jurisdictien of the general govern
ment over interttate commerce has led to
the passage of the So-ctlled sherman
Antitrust Law"land the Interstate Com
merce Law AID its AMENDMENTS. The
developments Id the opeation of those
laws, as shown by indictments, trials, ju-
dicial decisions, land other sources of in
formation, call for a discussion and some
suggestions as to amendrnnts
The Postnhicc Department.
The deficit every year IL the postofice
department is largely caued by the low
rate of postage Of 1 cent apound charged
on Second-claSS' mail mater. which in
cluGes not only newspapers but maya
| lines and miscellaneous PERIODICALS. The
actual loss growing out ofthe transmits
sion of this second-class rail matter at
1 cent a pound amounts to bout $63.000,-
900 a year. The averag. cost of the
transportation of this mater is more
than 9 cents a pound.
A great saving migl- be made,
amounting to much more tim half of the
loss, by imposing upon magazines and
periodicals a higher rate of hostage. They
are much heavier than Newspapers, and
vertisins TO reading matter, and the av-
erage distance of their transportation is
three and a half times as geat.
The total deficit for the lat fiscal year
T.. H. - 49, 49, 81 %