The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1909-12-09

Of the World. Besides the beneficial and
far,reachtng effect ON our personal and
which the fleet visited, marked sue
s moslf lna y ~ w rsspsas f 81 o sSnsa aaHy n nns
has added 70 our national prestige.
energetic and representative Of the ma
tional spirit. It IL, moreover, owing to
Its intelligence, capable OF quick raining
into the modern man-of-warsnon. Our
officers are earnest and jealous In their
profession, but " Is a regrettable fact
that the higher officers are old Tor the
responsibilities of the modern navy. and
the admirals do not arrive. at flag rank
i yuuh II t anaps duties ae o as rIag sq officers. 'f Thls
need for reform In the navy has been ably
and earnestly presented. to congress by
ommend the subject for consideration.
Early in the coming session q compre-
o osheeys pan of ali lor co ans of er ga nave Won Will Fl 'h be
presented to congress, and hope IT.
will meet with action suited to Its ur-
gency.
Expedition in Legal Procedure.
The deplorable delays In the admins
tration Of civil and criminal law nave
received the attention Of committees Of
many state bar associations. as well as
the. considered thought of judges and
1urisss. In my Judgment. q change in jul
dicial procedure, with a view to reducing
cases and Facilitating. the dispatch Of
and criminai cases, constitutes the great
est need in our American institutions. I
do not doubt for one m that much
hibited In lynchings is directly due to
the uncertainties and injustice growing
f fhe OF tns aslay tbs n 2 e1la bg our aoenta. an 81
course these remarks apply quite as well
to the administration of justice In state
without maxim. invidious distinction 1t is
perhaps not too much to say that. speak
Ing fag e generally rally the def feec are less = nth IN the
fsaeral meg Courts are T Hsey expedition ssat m w In
the civil and the criminal side of English
courts under modern rules of procedure
makes the delays In our courts seem
the federal courts should furnish an ex.
ample for the state courts. I presume 1t
the constitution. to units under one form
OF action the proceedings at common. law
and proceedings In equity in the federal
by a statute to simplify and make short
and direct the procedure both at law and
IN nos e E - IN It these esq.,, eo sl,5s n,d It ig {b not y ms e
cut down, the jurisdiction of the supreme
court so as to confine 1t almost wholly
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, it is impossible to
hope that a radical and proper reform of
brought about. 1 therefore recommend
legislation providing for the appointment
by the president Of a commission with
procedure of the federal courts of first
instance, the law of appeals from those
supreme court, and the Costs imposed IN
such procedure upon the private ntigants
and upon the public treasury and make
rsnoN nY1< { - -, ryit ~ r,fnu "a twink.
as possible and making 1t as Inexpensive
as may be to the litigant Of little means.
Injunctions 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
insist that their powers to enforce, their
process and to protect life, liberty,
We Believe h aoats 81 that the rules Of
procedure in the federal courts with re-
spect. to the issuance of the writ Of in
ton or TEMPORARY restraining order
where, irreparable injury would result
from delay, In which case a speedy hear
ing thereafter should be granted"
i~slation be adopted. The ends Of justice
% comp heT5 be ag msa ana i1l-e ene shlef cause inisn OF
tons 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. with
out previous notice and a reasonable OPP
portunity TO be heard on behalf of the
parties to be enjoined; unless it shall
appear to the satisfaction of the court
tice and hearing would result in irrepar-
able injury to the complainant and unless
also the court shall from the evidence
l y,n lyn n WY frIino r1rl,ioh- nI,l1 he
spread upon the court minutes, that i'm
mediate and irreparable injury is likely
define the injury, state why it is irrep-
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-
tSoniyg by ~ the ferc aef of tba s to be e heard
and be of no effect after seven days from
the i~ssuance thereof or within any time
fix. unless within such seven days or
such less period, 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
the rule nov in force in some courts
will prevent the issuing of ~ill-advised or
ders of injunction without notice and will
Objectionable by the short time in which
they may remain effective.
Anti Trus Commerce Laws.
TIL jurisdiction Of the general govern
the passage of the so-called Sherman
antitrust law and the Interstate com
merce law and it's amendments. The
developments in the operation of those
laws. as shown by indictments, trials, j-
dicial decisions. and other sources of in
formation. call for a discussion and some
suggestions as to amendments. These l
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 tie post office
department is largely caused by the low
rate Of postage of / cent a pound charged
on second class mail matter, which in
cludes not only 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 $62, coz, OO[
a year. The average cost of the trans
portation Of this matter is more than {
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