Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1909-12-17

its voyage around the world. In more eff
ficient condition tnan when IL started,
was a noteworthy event Of interest alike
to our citizens and the nava authorities
Of the world. Besides the beneficial and
~ar-reachtn effect on our personal and
diplomatic relations In the countries
cess Of the ships In steaming around the
world in all weathers on schedule time
has increased respect for our navy and
has added to our national prestige.
Our enlisted personnel recruited from
all sections of the country Is young and
energetic and representative Of the ma
tional spirit. 1t Is, moreover. owing to
its intelligence. capable of quick training
into the modern man-of-warsmen. Our
Officers are earnest and jealous m their
profession but It p a regre d,a ter fa act
responsibilities of the modern navy. and
the admirals do not arrive at flag rank
young enough TO obtain adequate train
ing I'm their duties as flag officers. This
need for reform In the navy has been ably
and earnestly presented TO congress by
my predecessor, and / also urgently rec
ommend the subject for consideration.
Early in the coming session a compre-
hensive plan for the reorganization of the
Officers OF all corps Of the navy will be
presented to congress ana hope III
gency.
Expedition in Legal Procedure.
The d%eplorable delays In the admins
tration of civil and criminal law have
received the attention or committees or
the American Bar association and or
many state bar associations, as well as
the considered thought Of judges and
jurists. In nay judgment, a change In jul
its Expense to private litigants in civil
cases and facilitating the dispatch OF
business and nal decision IN both civil
and criminal cases, constitutes the great
N~% NNNI - S..- ~ nriNl n IA Ef!frYrinnzs ~ II
do not doubt for one m that much
of the lawless violence and cruelty ex-
hibited in lynchings is directly due to
the uncertainties and injustice growing
out of the delays in trials. Judgments and
the executions thereof by our courts. or
course these remarks apply quite. as wen
courts as to tia In federal courts. and
without making inyidious distinction 1t is
perhaps not too much to say that, speak
Ing generally, the defects are less In the
federal courts than in the state courts.
But they are very great In me
federal courts. The expedition with
which business 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 shoul furnish an ex.
ample for the state courts. 1 presume IL
is impossible, without an amendment 10
the constitution. to unite under one form
of action tho proceedings at common law
dllu pFOCe0uiUSS III equity Iu thS 1000
courts, but 1t is certainly not impossible
by a statute to simplify and make short
and direct the procedure both at law anu
In equity In those courts. Ii Is not I'M
possible to cut down still more man IL Is
cut down, the Jurisdiction or the supreme
court so as to confine 1t almost wholly
to statutory and constitutional questions;
Under the present statutes the equity ana
admiralty procedure in the federal courts
Is under the control of the supreme court,
but In the pressure of business to which
hope that a radical and proper reform or
the federal equity procedure can De
brought about. l therefore recommend
legislation providing for the appointment
authority to examine the aw and equity
procedure of the federal courts or nrst
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 slmpIi-
as possible and making 1t as inexpensive
as may be to the litigant of little means.
Injunctions Without Notice.
Tn platform of the successful party In
the last election contained the following:.
1.-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
We believe, however, tia the rules OF
procedure in the federal covrts WITT rec
spect 10 she issuance OF the writ or IN
junction Should bs more accurately oe-
fined by statute, and that no inJunc-
ton or temporary restraining order
should be issued without notice, except
from delay, in which case a speedy hear
ing thereafter should be granted"
| recommend that in compliance with
the promise thus made, appropriate reg
i,1o t;on ha aInpta1 Tho ends of iuStiCe
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 ~rbiddin
hereafter the issuing OF any Injunction
or restraining order, whether temporary
or permanent, by any federal court, WITH
portunity TO he heard on behalf Of the
parties to be enjoined: unless 1T shall
appear to the satisfaction or the court
that the delay necessary TO give such no.
tice and hearing would result In irrepar-
able injury to the complainant and unless
also the court shall from the evidence
make a written finding, which shan be
spread upon the court minutes, that inn
mediate and irreparable injury Is likely
to ensue to the complainant, n shall
define the injury, state why II Is lrrep-
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-
tunlIY Dy THE uc1tllidlI " DO Y
should by force Of the statute expire
and be of no effect after seven day from
the issuance thereof or within any time
less than that period which the court may
Ak. unless within such eve days or
such less period, the injunction or order
is extended or renewed after previous no.
tice and opportunity to be heard.
NV judgment is that the passage OF
such an act which really embodies the
pest practice in equity anu is very like
the rule now In force In some courts
will prevent the issuing Of ~ill-advised or
ders OF injunction without notice and will
render such orders when issued much less
objectionable by the short time In which
they may remain effective.
Antitrust Commerce Laws.
The Jurisdiction of the general govern
ment Cyer Interstate has led TO
the passage of the so-called Sherman
antitrust law and the Interstate COM
merCe law and its amendment The
developments In the operation OF those
laws. as shown by indictments, trials, tu-
dicial decisions, and other sources of In
formation, call for a discussion and some
suggestions as TO amendments These
prefer to embody In a special message in
stead of including them In the present
communication. and / h avail myself
Of The first convenient opportunity to
bring these subjects to the attention OF
na.~ n.~.,n