The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1909-12-09
PRESIDENT TAFT'S MESSAGE TO CONGRESS- /

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matte relations in the countries which the
fleet visited, the marked success of the
ships in steaming around the world in all
weatherS on schedule time has increased
respect for our navy and has added to
our rational prestige. Our enlisted per-
sonnet recruited from all sections OF the
country is young and energetic and rep
resentative OF the national spirit Owing
To the necessity for economy in expendi-
lures, l have directed the curtailment of
recommendations for naval appropriations
so that they are thirty-eight millions less
than the corresponding estimates of last
year and the request for new naval con-
struction is limited to two frst-class bat
tie ships and one repair vessel.
The use OF navy - 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
felt the lack of responsible advisers to aid
him in reaching conclusions and deciding
important matters between co-ordinate
branches of the department. To secure
these results he has inaugurated a tenta-
tive plan involving certain changes in the
organization of the navy department. in
Guiding the navy yards, all on 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 1t
promises.
The Department of Justice.
The deplorable delays in the admins
tration 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 considered thought of judges and
jurists. In my judgment, change in
judicial procedure with a view to re-
ducing its expense to private litigants in
civil cases and facilitating the dispatch
of business and final decision in both civil
and criminal cases. constitutes the great
est need in our American institutions. i
do not doubt for one moment that much
of the lawless violence and cruelty eX-
hibited in lynchings is directly due TO the
uncertainties and injustice growing out
of the DELAYS i'm trials. judgments, and
| the executions thereof by our courts. OF
course these remarks apply quite as well
| TO the administration of justice in state
| courts To that in federal courts. and
without making invidious distinction it is
| perhaps not too much TO say that speak
| ing generally, the defects are less in the
F, federal courts than i'm the state courts.
| But they are very great in the federal
courts. The expedition with which bust
| ness 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.
| l presume it is impossible. without m
| amendment to the constitution, to unite
/ under one form of action the proceediI Is
| at common law and proceedings in equity
| in the federal courts, but II is certainly
| not impossible by a 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 il is cut down the jurisdiction
| of the supreme court SO to confine it
| almost wholly to statutory and constitu-
| tional questions. Under the present stat
| utes 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
| jected. il is impossible To hope that a
| radical and proper reform of the federal
| equity procedure can be brought about
! therefore recommend legislation pro-
| vding for the appointment by the Presi-
| dent of a commission with authority "a
| examine the law and equity procedure OF
| the federal 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 pro-
| cedure upon the private litisants and upon
| the public treasury and make recommen-
| dalton with a view to simplifying and
expediting the procedure as far as possible
| and making it as inexpensive as may be
| to the litigant of little means.
"Snap" Injunctions.
The platform of the successful party in
/ the last election contained the following
1.-THE Republican party will uphold al
| all times the authority and integrity OF
| the courts, state and federal. and will
| ever insist that their powers to enforce
| their process and TO protect life, liberty
| and property shall be preserved inviolate
| We believe however. that the rules of
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
w
| parable injury would result from delay
| i'm which case a speedy hearing thereafter
| should be granted.
recommend that in compliance with
the promise thus made. appropriate legis-
! lation be adopted. The ends of justice
| will best be met and the chief cause OF
complaint against il-considered injunc-
tions without notice will be removed by
| the enactment of statute forbiddine
hereafter the issuing of any injunction
or restraining order, whether temporary OF
| permanent by any federal court. without
| previous notice and a reasonable oppor-
tunity to be heard on behalf of the par
ties to be enjoined; unless it shall appear
TO the satisfaction of the court that the
| delay necessary to give such notice and
hearing would result in irreparable injury
TO the complainant.
| 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 To ensue to the complainant and
| shall define the injury, state why ii is ir-
remarkable and shall also endorse on the
order issued the date and the hour of the
| issuance of the order. Moreover, every
such injunction or restraining order issued
without previous notice and opportunity
by the defendant to be heard should 10y
| force of the statute expire and be of nc
| effect after seven days from the issuance
thereof or within any time less than that
| period which the court may fix, unless
Il sttRE ri
| cd the Injunction or order is extended oil
renewed after previous notice and oppor-
| tunity to be heard.
NV 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, vii
prevent the issuing on ill-advised orders
of Injunction without notice and will rem
! der such orders when issued much less
| Objectionable by the short time in which
they may remain effective.
Interstate Commerce Laws.
| The jurisdiction of the general govern
| ment over interstate commerce has led to
| the passage of the So-called sherman
| Antitrust Law and the Interstate Com
| merce Law and its amendments. The
| developments in the operation of those
| laws as shown by indictments, trials. jul
dicial decisions. and other sources of in
formation, call for a discussion and some
| suggestions as to amendments.
The Postomce Department.
The deficit every year in the postoffict
| department is largely caused by the low
! rate of postage of | cent pound charged
| on second-class mail matter which in
| cldes not only newspapers but maya
| zines and miscellaneous periodicals. The
| actual loss growing out of the transmits
| sion of this second-casS mail matter a.
| cent a pound amounts TO about 5000
| 600 q year. The average cost of the
transportation of this matter is more
| than cents pound.
great saving might be made
| amounting to much more than half of The
loss. by imposing upon magazines anC
periodicals a higher rate of postage. The,
are much heavier than newspapers, anC
contain much higher proportion of ad
vertising TO reading matter and the av
His Little Slip.
The Rev. Mr. Spicer had for three