The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-07

final decision in both civil and Grim
inal cases, constitutes tho greatest
need in our American institutions.
do not doubt for one moment that
much OF the lawless violence and
cruelty exhibited in lynchings is di-
rectly due to tho uncertainties and in-
justice growing out Of the delays In
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 as to that in federal courts,
and without making inyidious distinc-
ton il Is perhaps not too much 10
say that, speaking generally, the de-
fcctS arc less in the federal courts
than the state courts. But they are
great in the federal courts. The eX-
pedition with which business is dis
posed of both in the civil and the
criminal side Of English courts under
modern rules OF procedure makes the
delays in our courts seem archaic and
barbarous. The procedure In the fed
cral courts should furnish an example
for the state courts.
Under the present statues the
equity diu III NhN
federal courts is under the control Of
the supreme court, but In the pres
sure of business to which that court
is subjected. it is impossible TO hope
that a radical and proper reform Of
the federal equity procedure can be
brought about.
| therefore recommend legislation
providing for the appointment by the
president OF a commission with au-
thority TO 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 i'll such procedure upon
the private litigants and upon the pub
lice treasury and make recommenda.
tion with a view TO simplifying and
eXpediting the procedure as far as
possible and making II as inexpensive
as may be to the litigant of little
means.
Injunction Without Notice.
The platform of tho 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 TO
enforce their process and to protect
life, liberty. and property shall be
preserved lnviolate. We believe. how
over, that the rules of procedure in
the federal courts with respect 10
the issuance of the writ OF injunction
should be more accurately defined by
statute, and that no injunction OF tenn
porary restraining order should be is
sued without notice, except where IL
reparable injury would delay from
delay in which case a speedy hearing
thereafter should be granted
| recommend that in compliance
with the promise thus made, appro.
PIRATE legislation be adopted. The
ends of justice VIII best be met and
the chief cause of complaint against
ill-considered injunctions without no
tlce will be removed by the enact
ment of a statute forbldding hereaft'
or the issuing of any injunction or
restraining order, whether temporary
or permanent, by any federal court
without previous notice and a reason
able opportunity to be heard on behalf
Of the parties to be enJoined; unless
II 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 com
plainant and unless also the court
shall from the evidence make a writ
ten finding, which shall be spread
upon the court minutes, that lmmedi
ate and irreparable injury is likely 10
ensue to the complainant, and shall
define the injury, state why IL is IT.
reparable, and shall also endorse on
the order issued the date and the hour
of the issuance OF the order
Ny judgment is that the passage
of such an act which really embodied
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
when issued much less Objectionable
remain effective
Antitrust and Interstate Com
merce Laws.
The jurisdiction of The general GOV
ernment over Interstate commerce
has been left TO the passage of the
so-called sherman antitrust law.
and the Interstate commerce law
and its amendments. The develop
ments in the operation OF these laws
as shown by indictments, trials, judi
cial decisions, and other sources OF
| information call for a discussion anC
some suggestions as TO amendments
| These ] prefer TO embody in a special
message instead of including them ir
the present communication and shall
avail myself OF the first convenient op
Dortunlty to bring these subjects tC
| the attention of the congress
Jail of the District OF Columbia.
AIy predecessor transmitted TO the
| congress a special message on Janu
| ary IL. 1909. accompanying the report
of commissioners heretofore appoint
ed to investigate the jail workhouse
etc. In the District of Columbia, ii
| which he directed attention to the re
| pert as setting forth vividly, the real
| ly outrageous conditions in the work
house and JAIL
The congress has taken action II
! pursuance OF the recommendations O.
| that report and of the President. tC
the extent of appropriating funds anC
enacting the necessary legislation 10,
the establishment Of 4 workhouse anC
| reformatory. No action. however, ha;
; been taken by the congress with re
spect to the Jail. the conditions O
which are still antiquated and insani
tary ] earnestly recommend the pas
sage of sufficient appropriation tC
enable thorough remOdeling OF thai
institution TO be made without delay
eoSToFFICE DEPARTMENT.