Daily Arizona silver belt., 1909-12-08

in accordance with the law I have ap proved the execution of the plan pro posed because of the greater efficiency and economy it promises.
 The generosity of congress has pro vided in the present naval observatory the most magnificent and expensive as tronomical establishment in the world. It is being used for certain naval pur- poses which might easily and adequate ly be subserved by small division connected with the navy department at only fraction of the cost of the pres ent naval observatory. The official board of visitors established by congress and appointed in 1901 expressed its conclu sion that the official head of the oh servatpry should be an eminent astron omer appointed by the president, by and with the advice and consent of the senate, holding his place by tenure at least as permanent as that of the superintendent of the coast survey or the head of the geological survey and not merely as a detail of two or three years duration. fully concur in this judgment and urge provision by law for the appointment of such director r It may not be necessary to take the observatory out of the navy depart ment and put it into another depart ment in which opportunity for scien- tifc research afforded by the observa- tory would seem to be more approprl- ate, though I believe such transfer in the long run is the best policy. l am sure, howefer, express the desire of the astronomers and those learned in the kindred sciences when 1 urge upon congress that the naval observatory be now dedicated to seience under control of man of science who can, need be, render all the service to the navy department which this observatory now renders and still furnish to the world the discoveries in astronomy that great astronomer using such a plant would be likely 10 make.
 ''The Laws Delays
 The deplorable delays in the admin istration of civil and criminal law have received the attention of committees of the American Bar association and of many state bar associations, as well as the thought of judges and jurists. In my judgment change in judicial procedure, with view to reducing its expense to private litigants in civil cases and facilitating the despatch of business and final decision in both civil and criminal eases, constitutes the greatest need m our American instltu- tions. l do not doubt for one moment that much of the lawless violence and cruelty exhibited in lynchings is di- rectly due to the uncertainties and in justice growing out of the delays in trials. judgments and the executions thereof by our courts. Of course, these remarks as well as the administration of justice in state courts as that that in federal courts, and without making invidious distinction it is perhaps not too much to say that, speaking genefal- ly the defects are less in the federal courts than in the state courts. But they are very great in the federal 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 delays in our courts even archaic and barbarous.
 The procedure in the federal courts should furnish an example for the state courts. presume it is impossible, with out an amendment to the constitution, to unite under one form of action the proceedings at common law and pro eeedings in equity in the federal courts but it 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 impossible to cut down still more than it is cut down the jurisdiction of tine supreme court so as to confine it almost wholly to statutory and constitutional suestions. Under the present statutes the equity and admiralty procedure in the federal courts is under the control of the supreme court but in the pressure of business to which that court is sub ieeted it is impossible to hope that a radical and proper reform of the federal equity procedure can be brought about I therefore recommend legislation pro vidng for the appointment by the pres ident of a commission with authority to examine the law and equity proceed, ure of the federal courts of first an stance, the law of appeals from those courts to the courts of appeals and in the supreme court, and the costs inn posed in such procedure upon the pri- vate litigants and upon the private treasury and make recommendation with view to simplifying and expe diting the procedure so far as possible and making it as inexpensive as may be to the litigant of little means.
 The platform of the successful party in the last election contained the fol. lowing:
 The republican party will at all times uphold the integrity of the courts, state and federal, and will ever insist that tLeir powers to enforce their process and to protect life, liberty and property shall be preserved inviolate. We be- lieve, however, that the rules of pro cedure 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 irreparable injury would result from de- lay, in which case speedy hearing thereafter should be granteS.
 As to Injunctions
 recommend that in compliance with the promise thus made appropriate leg islation be adopted The ends of justice L. | oA Al. |, ,...Ha