Omaha daily bee., 1909-12-08

the modern man warsmen. Our officers
arc earnest and Jealous in their profession,
but It is a rerretable fact that the higher
officers are old for the responsibilities Of
tho modern navy, and the admirals do not
arrive at flag rank young enough to OBJ
tain adequate training in their duties as
flag officers. This need for reform in the
navy has been ably and earnestly presented
to congress by my predecessor, and l also
urgently recommend the subject for CON
sideration.
Early in the coming session a compre-
hensive plan f~r the reorganization Of the
officers Of all corps OF the navy win be
presented to congress, and 1 hope II viii
meet with action suited to its urgency.
Owing to the necessity for economy In
expenditures, 1 have directed the curtail-
nent Of recommendations for naval appro-
priatons so that they are thlrty-eight mill
lions less than the corresponding estimates
Of last year. and the request for new naval
construction Is limited TO two first-class
battleships and one repair vessel
The use OF a navy is for military pur-
poses, and there has been found need in
the department OF a military branch deal
ing directly with the military use Of the
fleet. The secretary Of the navy has also
IGlL lne ldCh OF IG6pOuSlDle ddNAeNIa 70 uiu
him in reaching conclusions and deciding
important matters between coordinate
branches of the department To secure
these results he has inausurated tents-
tive plan involving certain changes in the
organization Of the Navy department, in
Guiding the navy yards, all Of which have
been found by the attorney general to be
in accordance with law / have approved
the execution of the plan proposed because
of the greater efficiency and economy it
promises.
Reform in Judicial Procure.
The deplorable delays in the adminlstra-
ton of civil and criminal law have fe-
celved 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 jurlsts In
my judgment a change in judicial proce-
dure with view to reducing its expense
to private litsants in civil cases and facll-
itating the dispatch of business and final
decision in both civil and criminal cases
constitutes the greatest need in our Amer
lean institutions. l do not doubt for one
moment that much Of the lawless violence
and cruelty exhibited in lynchlngs is dl-
rectly due to the uncertainties and inius-
tice growing out of the delays in trials,
our courts. OF course these remarks apply
quite as well to the administration Of jus
tice in state courts as to that in federal
courts, and without making invidious dis
tinction it is perhaps not too much to say
that, speaking generally the defects are
less in the federal courts than in the slate
courts. But they are very great In the fed
ersl courts. The expedition with which bus
mess is disposed Of both on the civil and
the criminal side of English courts Under
modern rules Of procedure makes the de-
lays in our courts seem archaic and bar
barous. The procedure in the federal
courts should furnish an example for the
state courts. 1 presume 1t is impossible,
without an amendment to the constitution,
to unite under one form of action the pro-
ceedings at common law and proceedings
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. 1t is not impossible to cut
down still more than II is cut down the
jurisdiction Of the supreme court so as to
confine IL almost wholly to statutory and
constitutional questions. Under the present
statutes the equity and admiralty proce-
dure in the federal courts is under the con-
troll of the supreme court, but In the pres
sure of business to which that court Is
subjected 1t is impossible to hope that a
radical and proper reform of the federal
equity procedure can be brought about.
therefore recommend legislation proyid-
Ing for the appointment by the president
Of a commission with authority to exam
Inc the law in equity procedure Of the fed
eral 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 oroce-
dure upon the private litigants and upon
the public treasury and make recommended
tion with q view to simplifying and expe-
diting the procedure as far ss possible ard
making Il As inexpensive a. may be 10
the litiEGnt OF little means.
Abuse of InJuHotIons.
The platform OF the EuccsssruI 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 viii ever
Insist that their powers TO enforce their
property shall be preserved inviolate. we
believe, however. that the rules OF pre-
cedure in the federal courts with respect
should be more accurately ecu % q defined iICde'S7 S1
statute and that no injunction or
temporary restraining order should be
able Injury would result from delay, in
which e7se speedy hearing thereafter
should be granted
recommend that in compliance with the
promise thus made appropriate legislation
be adopted, The ends OF justice will best
be met and the chief cause Of complaint
against ill-considered injunctions without
notice will he removed by the enactment
OF a statute forhiddinE hereafter the Issu-
Ing OF any injunction OF restraining order,
whether temporary or permanent. by any
federal court, without previous notice and
a reasonable opportunity to be heard on
behalf Of the parties 10 be enjoined; un-
lees II shall appear to the satisfaction OF
the court that the delay necessary to give
such notice and hearing would result in
irreparsble injury to the complainant and
unless also the court from the evidence
make written finding. which shall be
spread upon the court minutes, that
immediate and irreparable injury is likely
to ensue to the compla nant. and shall de-
fine the injury, state why It is irreparable
and shall also endorse on the order issued
D . At HsF..