The Mena weekly star., 1909-12-16


 in better condition and until the "hoie question of the expedienoy or auoptins a definite military policy can pc supiiii.Wte W to congress for am sure that the lh'ei ests of the military establishment are se rtnusly in need of careful consideration ny congress. The laws regulating the organ ixation of our armed forces in the event of war need to be revised in order that the organization can be modified so ss to produce a force which would be more consistently apportioned throughout us numerous branches To explain the CIT cumstances upon which this opinion is based would necessitate q lengthy dlscus- sion. and I postpone 1t until the nrst con venlent opportunity shall arise 10 send 10 congress a special message upon this sup ject
 Of the changes recommended by the secretary of war, the president especially urges the passage of a bill that will permit the elimination of the less efficient officers. He concurs in the opinion of the military and naval joint board fin favor of making an ex- tensive naval base at Pearl Harbor, near Honolulu, and not in the Philip pines.
 The Navy.
 
 The return of the battleship fleet from its voyage around the world. in more ef- ficient condition than when 1t started, was a noteworthy event of interest alike to our citizens and the naval authorities of the world. Besides the beneficial and far reaching effect on our personal and dip- lomatic relations fin the countries which the fleet visited. the marked sue cess of the ships in steaming around the in all schedule lima has increased respect for our navy and has added to our national prestige.
 Early in the coming session compre- hensfve plan for the reorganization of the officers of all corps of the navy will be presented to congress. and l hope it will meet with action suited to It's urgency.
 Owing to the necessity for economy in expenditures. I have directed the curtail- ment of recommendations for naval ap pTopriations so that they are thirty-eight millions less than the corresponding es- inmates of last year. and the request for new naval construction Is limited to two first-class battleships and one repair ves- sel.
 Mir Taft urges upon congress that the naval observatory be dedicated to science under control of some emil nent astronomer
 Expedition In Legal Procedure.
 The deplorable delays in the admins- tration of civil and criminal law have re- ceived the attention of committees of the American Bar association and of many state bar associations. as well as the con sidered thought of judges and jurists In my judgment change in judicial pro- cedure, with a view to reducing It's ex- pense to private litigants in civil eases and facilitating the dispatch of business and final decision In both civil and crim- inal cases constitutes the greatest need in our American institutions I do not doubt for one moment that much of the lawless violence and cruelty exhibited in lynchngs is directly due Co the uncer- tainties and injustice growing out of tha delays in trials, Judgments and the exc eutions thereof by our courts. Of course these remarks apply quite as we'll to the administration of justice in state courts as to that in federal courts, and without making invidious distinction 1t is per haps not too much to say that, speaking generally, the defects are less inr the federal courts than in the state courts But they are very great in the federal courts The expedition with which busi- ness is disposed of both on the civil and the criminal side of English 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 example for the state courts. l presume 1t is impossible, without an amendment to the constitu- ton. to unite under one form of action the proceedings at common law and pro- ceedings in equity In the federal courts, but 1t is certainly not impossible by statute to simplify and make short and direct the procedure both at law and in equity in those courts It is not impos- sible to cut down still more than 1t Is cut down. the jurisdiction of the supreme court SO as to confine 1t almost wholly to statutory and constitutional questions. Under the present statutes the equity and admiralty procedure in the federal courts Is under the control of the su- preme court, but in the pressure of busi- ness to which that court Is subjected 1t is impossible to hope that radical and proper reform of the federal equity pro- cedure can be brought about. l therefore recommend legislation providing for the appointment by the president of com mission with authority to examine the law and equity procedure of the federal courts of first Instance, the law of ap- peals 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 treas ury and make recommendations with view 10 simplifying and expediting the procedure as far as possible and making II Is inexpensive ss may be to the lti- gant of little means.
 lnIunctlons 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 junction should be more accurately de- fined by statute and that no injunction or temporary restraining order should be issued without notice. except where ir- reparable Injury would result from delay, in which case a speedy hearing there after should be Rranted.'
 recommend that in compliance with the promise thus made appropriate legis- Iatlon be adopted The ends of justice will best be met and the chief cause of complaint against ill-consldered injunc- tions without notice will be removed by the enactment of a statute forbiddng hereafter the issuing of any injunction or restraining order, whether temporary or permanent. by any federal court, without previous notice and reasonable opportunity to be heard on behalf of the parties to be enjoined; unless 1t shall ap- pear to the satisfaction of the court that the delay necessary to give such notice and hearing would result in irreparabie injury to the complainant and unless also the court shali from the evidence make written finding. which shall be spread upon the court minutes, that immediate and lrreparable injury Is likely to ensue to the complainant. and shall define the Injury state why it Is rreparable and shall also iuaorse on the order issued the