Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-12-08
in the last election contained the fol-

III me last election contained the 1ol-
lowing y '.,,.3.-.1'sss &. .9 - -. (.
TIE Republican party will uphold.
at al times tho Authority and integ-Z
rlty OF the courts, State and Federal,
and VIII ever insist that their powers
to enforce their process and to protect
life, liberty, and property shall be pre-.
served inviolate. We believe, how
ever, mat the rules OF procedure In the
Federal courts with respect to the is
suance Of the writ of Injunction should
be more accurately defined by statute,
and that no injunction or temporary
restraining order should be issued
without notice, except where irrepar-
able injury would result from delay, in
which case speedy hearing thereaf-
ter should be granted
recommend that in compliance with
the promise 4hus made, appropriate
legislation bc adopted. The ends of
justice Will best pe met end the chief
cause of complaint against ill-consid-
cred lnJunc-ions without notice Will be
removed by the enactment of a stat
ute forbidding 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
enjolned; unless it shall appear to tho
satisfaction of the court that the lie.
lay necessary to give such notice and
hearing Wolld rcsul. in irrcparable in
jury to the complainant ard unless
also the court shall from the evidence
make written finding, Which shall be
spread upon the court nEnutes, that
immediate and iyreparablc: injury is
likely to ensue to the complainant. and
shall define the injury, state why it is
:rrepafahle, ard snall also endorse on
the order issued the date and the hour
Of the issuance of the order. More
| over every such injunction or re-
straining order issued without previ-
Gus notice ard opportunity by the de-
PENDANT TO be heard should by force of
the statute expire and be of no effect
after seven days from the issuance
| thereof or within any time less than
| that period which the court may fix,
| unless within such seven days or such
| less period, the injunction or order is
extended or renewed after previous
| notice and opportunity to 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 of 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
ANTITRUST AND INTERSTATE,
COMMERCE LAWS.
The jurisdiction of the General Gov.
ernment over interstate commerce has
led to the passage of the so-callcd
| Sherman Antitrust Law and the
Interstate Commerce Law" and it's
amend ments. The Developments in the
operation of those laws, as shown by
| indictments, trials, judicial decisions,
and other sources of information, call
| fer a discussion and some suggestions
as to amendments These 1 prefer to
emboly jim special message instead
of including them in the present COM
munication, and I snail avail myself of
the first convenient opportunity to
bring these subjects to the attention of
| Congress-.
JAIL. OF THE DISTRICT OF CO.
LUMBIA.
My predecessor transmitted to the
Congress- a special message on Janu-
airy II, 1909, accompanying the report
of Commissioners heretofore appoint
ed to Investigate the Jail, worllhouse,
etc, in the District Of Columbia, in
which he directed attention to the re-
port as setting forth wildly, the
really outrageous conditions in the
workhouse and jail
The Congress has taken action in
pursuance IF the recommendations of
that report and of the President, to
the extent of appropriating funds and
enacting the necessary legislation for
the establishment of a workhouse and
reformatory. No action, however, has
been taken by the Congress with re-
spect to the jail, the conditions of
which are still antiquated and insani-
tary. I earnestly recommend the pas
sage of sufficient appropriation to
enable a thorough remodeling of that
institution to be made without delay.
1t is a reproach to the National Gov
eminent and almost under the shadow
of the Capitol Dome prisoners should
be confined in a building destitute of
The ordinary decent appliances requi-
site to cleanliness and sanitary con-
ditions.
POST-OFFICE DEPARTMENT..
Second-Class Mail Matter.
The deficit every year in the Post
Office Department is largely caused by
the low rate of postage of l cent d
pound charged on second class mail
matter, which includes not only news
papers but magazines and miscellanc.
GUS periodicals. The actual loss grow
ing out of the transmission of this
secordclass mail matter at 1 cent a
pound amounts to about $63,000,000 q
year. The average cost of the trans
portation of this matter is more than
9 cents pound
1t appears that the average distance
over which newspapers are delivered
to their customers is POI miles, while
the average haul Of magazines is 1,049
and of miscellaneous periodicals LBS
miles. Thus, the average haul Of tn.
magazine is three and one-half times
and that, of the miscellaneous periodl-