The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1909-12-17

proper reform OF the federal equity pro-
ccdure be brought about I therefore
recommend Legislation providing FOR the
appointment by the president OF "A COM
mission with authority 10 examine the
law and equity procedure OF the federal
courts OF first instance. the law Of APP
peals from those courts 10 the courts OF
appeals and 70 the supreme court. and the
costs imposed In such procedure upon the
private litigRnts and upon the public treas
ury and make recommendations with a
view to simplifying and expediting the
procedure as far as possible and making
IL as inexpensive as may be 10 the liti-
giant o. little means.
lnjunctions 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 10 enforce
their process and 10 protect life, liberty
and property shall be preserved invioate.
We believe. however. that the rules %
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 granted"
recommend that in compliance with
the promise thus made appropriate legls-
lafion be adopted The ends OF Justice
Will best be met and the chief cause OF
complaint against nl-cons' Tered injunc-
lions 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.
opportunity 10 be heard on behalf Of the
parties To be enjoined. unless IL shall APP
pear to the satisfaction OF the court that
the delay necessary TO give such notice
and hearing would result In irreparable
injury TO the complainant and unless also
the court shall from the evidence make
a written finding. which shall be spread
upon the court minutes. that immediate
and irreparable injury is likely 10 ensue
20 the complainant. and shall define the
injury. state why IL Is irreparable and
shall also indorse on the order issued the
/ date and the hour OF the issuance OF the
/ order. Moreover. every such Injunction
\ or restraining order issued without pre-
/ vfOus notice and opportunity by the de-
! PENDANT TO be hard should by force OF
| the statute expire and be OF no effect
| after seven days from the Issuance there
/ OF or within any time less than that pc
/ Rod which the court may FIX. unless
within such seven days or such less pc
/ Rod the Injunction or order Is extended
or renewed after previous notice and OPP
/ portunity 10 be heard.
My Judgment Is that the passage OF
/ such an act which really embodies the
best practice in equity and is very
/ like the rule now in force in some
courts will prevent the issuing % ILL
/ advised orders of Injunction without
/ notice and will render such orders
when issued much less objectionable
by the short time in which they may
remain effective.
New Laws Needed.
The Jurisdiction Of the general gov
eminent over interstate commerce has
/ led TO the passage OF the so-called
sherman antitrust law" and the in
\ terstate commerce law and its amend
ments The developments in the oper-
\ alton Of those laws. shown by in
\ dictmsnts. trials judicial decisions.
and other sources Of information. call
for a discussion and some suggestions
as 20 amendments. These ! prefer TO
| embody In a special message Instead
| or including them in the present COM
munication. and I shall avail myself
Of the first convenient opportunity TO
| bring these subjects TO the attention OF
congress.
Second-Clsss Mail Matter.
The deficit every year in the post
/ ONCE department is largely caused by
the low rate OF postage Of cent
| pound charged on second-class mail
matter. which includes not only news
papers but magazines and miscellan-
| cous periodicals. The actual loss
| growing out OF the transmission OF
this second-class mail matter at cent
a pound amounts to about $4,000. 600
a year The average cost OF the trans
portation OF this matter is more than
cents a pound.
1t appears that the average distance
over which newspapers are delivered
| TO their customers is 291 miles. while
the average haul Of ma gaines is l.04s.
! and Of miscellaneous periodicals 1.l2s
/ miles. Thus the average haul Of the
magazine is three and one-half times
/ and that OF the miscellaneous period
! teal nearly four times the haul Of the
| daily newspaper. yet all Of them pay
| the same postage rate OF cent
] pound The statistics OF 1907 show
/ that sesond-class mail matter consti-
tuted s3.9l per cent OF the weight OF
all the mail. and yielded only SIG per
cent Of the revenue.
The figures given are startling. and
show the payment by the government
i OF an enormous subsidy to the news
\ papers. magazines and periodicals. and
1 congress may well consider whether
radical steps should not be taken to
i reduce the dencit IN the poSt-ofnce ue-
4 partment caused by this discrepancy
between the actual cost OF transporta-
tion and the compensation exacted
| therefor
great saving might be made.
| amounting 20 much more than half Of
the loss by imposing upon magazines
nd periodicals higher rate Of post
i age. They are much heavier than
newspapers and contain a much higher
i proportion Of advertising 20 reading
matter. and the average distance OF
their transportation is three and a half
times great.
The total deficit for the last fiscal
year in the postoffice department
amounted 10 si7.50O0OO. The branches
| Of its business which II did at loss
were the second-class mail service. in
which the loss. as already said. was
So. 100000. and the free rural delivery I'm
which the loss was So cooeo. These
losses were In part Offset by tho
profits OF the letter postage and
other sources OF income. IL would
seem wise to reduce the loss upon
/ second-class mail matter. at least
to the extent OF preventing a deficit
in the total operations OF the post
ONCE
commend the whole subject 20 con-
\ gress. not unmi ndful OF the spread OF