Gilpin observer., 1909-12-09

is impossible to hope that a radical and
proper reform of the federal equity pro-
| cedure can be brought about. l therefore
| recommend legislation providing for the
| appointment by the president of a 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. and the
costs imposed in such procedure upon the
| private litigants and upon the public treas
ury and make recommendations with a
| view to simplifying and expediting the
procedure as far as possible and making
| 1t as inexpensive as may be to the liti-
CANT Of little means
lnjunctions Without Notice.
The platform of the 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 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
| issued without notice, except where ir-
| reparable injury would result from delay
| In which case a speedy hearing there
a1ter ShOuld De 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 ill-considered injunc-
| tions without notice will be removed by
| the enactment of statute 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 enjoined; unless 1t shall ap-
| 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 irreparable injury is likely to ensue
| to the complainant, and shall define the
| injury, state why II Is irreparable and
| shall also indorse 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-
| fendant to be hard should b. 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 or order is extended
i OF EcHcWcu dltcT pTcNlOus uOtlCc anu Up
| 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 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.
New Laws Needed.
The Jurisdiction of the general gov
ernment 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
dictments. trials, judicial decisions.
and other sources of information. call
| for a discussion and some suggestions
| as to amendments. These I prefer to
embody in a special message instead
of including them in the present COM
| munication, and I shall avail myself
| of the first convenient opportunity to
| bring these subjects to the attention of
| congress.
| second-class Mail Matter.
| The deficit every year in the post
| ONCE department is largely caused by
the low rate of postage of cent a
| pound charged on second-class mall
matter, which includes not only news
papers but magazines and misceilan-
| eous periodicals. The actual los
| growing out of the Transmission Of
this second-class mail matter at / cent
| pound amounts to about 500. 000. 900
year. The average cost of the trans
| portation of this matter IL more than
cents a 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 1.049.
| and of miscellaneous periodicals 1.12S
| miles. Thus. the average haul OF the
| magazine is three and one-half times
and that of the miscellaneous period
| ical nearly four times the haul of the
daily newspaper, yet all of them pay
the same postage rate of l cent
pound. The statistics of 1907 show
,has seeond-elass mail matter consti.
tuted 63.91 per cent of the weight of
all the mail. and yielded only 5.1s 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
A great saving might be made
amounting to much more than half of
| 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 half
times as great.
The total deficit for the last fiscal
year in the postofiice department
amounted. to S17.500. 600 The branches
OF Its business which II did at a loss
were the second class mail service. in
which the loss. as already said, was
$63. 100000. and the free rural delivery in
which the loss was s2s.000.0OO. These
losses were in part Offset by the
profits of the letter postage and