The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1909-12-10

aDpOintment by the president OF COM
mission with authority to examine the
law and equity procedure OF the federal
courts Of first instance. the law OF ap-
peals from those courts to the courts OF
| appeals and to the supreme court ana the
costs imposed in such procedure upon the
private litigants and upon the pubHc treas
ury and make recommendations Win
view to simplifying and expecting the
procedure as far as possible and making
it as inexpensive as may be to the It'll
CANT Of little means.
Iniunctions Without Notice.
The pIatform Of the successful party in
the last election contained the loIIoWlhS
The Republican party will uphold at
ALI times the authority and integrity or
the courts state and federal. and Will
ever insist that their powers to enforce
| their process and to protect HE. nDerty
and property shall be preserved lhNlo'ate
We believe. however, that the rules or
| procedure in the federal courts with re-
| speCt to the issuance of the writ or IN
| junction should be more accurately de-
! fined by statute and that no injunction
| or temporary restraining order Shoulu ue
| issued without notice, except Where IT.
remarkable 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-
latiOn be adopted. The snds Of justice
will best be met and the chief cause or
complaint against l-COns' Tered injunc-
tions without notice will be removed by
| the enactment Of statute forhlddlnS
hereafter the issuing Of any injunction
tl,Hr nv
or permanent, by any federal court,
without previous notice and reasonable
opportunity to be heard on behalf Of the
parties to be enjoined; unless it 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 rreparable injury is likely to ensue
| to the complainant, and shall define the
! injury state why II Is irreparable and
! shall also ndorse 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-
vious 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
riod which the court may fix, unless
within such seven days or such less pc
riOd the injunction order is extended
or renewed after previous notice and OPP
portunity 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 i'll
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, as shown by in
Gictments, trials, judicial decisions,
and other sources of information. call
for a discussion and some suggestions
as to amendments. These | prefer to
emhOdy in "A special message instead
of including them in the present com
municatiOn. and l shall avail myself
of the first convenient opportunity to
bring these subjects to the attention of
congress.
Second-Cass Mail Matter.
The deficit every year in the post
office department is largely caused by
the low rate of postage of l cent a
pound charged on secOnd-c class mail
matter which includes not only news
papers but magazines and miscellan-
eous periodicals. The actual loss
growing out of the transmission of
this secOndclass mail matter at | cent
a pound amounts to about s63 900 600
a year. The average cost Of the trans
portation OF this matter Is more than
cents pound.
1t appears that the average distance
over which newspapers are delivered
TO their customers is 291 miles while |
the average haul Of magazines is .049 |
ana or miscellaneous periodicals 1928 |
miles. Thus. the average haul of the |
magazine is three and half times |
ana that of the miscellaneous period |
lcal nearly four times the haul of the |
daily newspaper. yet all of them pay
the same postage rate of cent a |
pound. The statistics of 1907 show
that second-class mail matter consti-
tuted 65.9l per cent of the weight Of |
all the mail and yielded only 5.l9 per |
cent OF the revenue
The figures given are startling, and |
show the payment by the government |
or an enormous subsidy to the news |
papers, magazines and periodicals. and |
congress may well consider whether |
radical steps should not be taken to |
reduce the deficit in the post-office de- |
partment caused by this discrepancy
between the actual cost of transpOrta- |
ton and the compensation exacted |
therefor
great saving might be made
amounting to much more than half NJ |
the loss, by imposing upon MAGAZINES |
and periodicals a higher rate of post
age They are much heavier than
newspapers, and contain a much higher |
proportion of advertising to reading
matter. and the average distance of |
their transportation is three and a half |
times as great.
The total deficit for the last fiscal
year in the pOstoffice department |
amounted to s17.5OO. 900. The branches |
or its business which 1t did at a loss
were the second class mail service in
which the loss. as already said was |
S63 100000, and the free rural delivery in
which the loss was $28 900 OOO These !
losses were in part offset by the |
profits of the letter postage and |
other sources of income. 1t would |
seem wise to reduce the loss upon |
second-class mail matter, at least |
to the extent Of preventing a deficit