Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-12-09

4
preme court so as to confine 1t almost
wholly to statutory and constitutional
questions. Under the present statutes
the equity and admiralty procedure in
the federal courts Is under the con-
troll of the supreme court, but in the
pressure of business to which that
court is subjected, 1t 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 appoint
ment by the president of a commits.
sion with authority to examine the
law and equity procedure of the feder-
al 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 |
procedure upon the private litigants
and upon the public treasury and |
make recommendation with view to
simplifying and expediting the pro
cedure as far as possible and making
it as inexpensive as may be to the lit
igant of little means.
lnjunctions Without Notice.
"The platform of the successful par
ty in the last election contained the
following:
1.-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 protect life,
liberty and property shall be preserved
inviolate. We believe, however, that
the rules of procedure in the federal
courts with respect to the issuance OF
the writ of injunction should be more
accurately defined by statute, and that
no injunction or temporary restraining
order should be issued without notice,
except where irreparable injury would
. result from delay, in which case
speeding hearing thereafter should be
/ granted
Il recommend that in compliance
with the promise thus made, appropri-
| ate legislation be adopted. The ends Of,
justice will best be met and the chief
cause of complaint against ill-consid-
, cred iniunctons without notice will be
| removed by the enactment of stat
! ute forbidding hereafter the issuing of
: any injunction or restraining order,
whether temporary or permanent, by
any federal court, without previous no.
tice and, reasonable opportunity to
be heard on behalf of the parties to be
: enioined: unless it shall appear to the
4 satisfaction of the court that the delay
4 necessary to give such notice and
t hearing would result in irreparable in
! jury to the complainant, and unless
} also the court shall from the evidence
8 make written finding, which shall
r be spread upon the court minutes. that
l. immediate and irreparable injury is
likely to ensue to the complainant, and
r shall define the injury, state why it is
T. irreparable, and shall also endorse on
t the order issued the date and the hour
O of the issuance of the order Moreover,
g every such injunction Or restraining or
n der issued without previous notice and
S opportunity by the defendant to be
e heard should by force of the statute
f expire and be of no effect after seven
n days from the issuance thereof or
j. within any time less than that period
a which the court may fix, unless within
s such seven days or such less period,
# the Injunction Or order is extended or
h renewed after previous notice and op-
, portunity to be heard.
II "My judgment is that the passage Of
> such an act which really embodies the
g best practice in equity and is very like
d the rule now in force in some courts
e will prevent the issuing of ill-advised
i orders of Injunction without notice and
!. Will render such orders when issued
o. much less Objectionable by the short
v time in which they may remain eff
a fective.
& Antitrust and Interstate Commerce
d Laws.
Q The Jurisdiction of the general gov
r. eminent over Interstate commerce has
e led to the passage of the so-called
Sherman Antitrust Law and the III
10 terstate Commerce Law and its
n amendments. The developments in the
operation of those laws, as shown by
n Indictment, trials, judicial decisions
N and other sources of information, cal
y for discussion and some suggestions
I as to amendments. These I prefer tt
10 embodv in special message instead Of
m including them in the present comm.
a. nlcation, and shall avail myself o.
the first convenient opportunity tc
bring these subjects to the attentioY
i of congress-"
al The Jail of the District of Columbia
.. is declared to be antiquated and I'm
of sanitary-a reproach to the nationa
of government
III Favors Postal Savings Banks,
&c The president SAYS in speaking O
re- the postoffice department, that tn,
TO actual loss growing out. of the trans
H. mission of second class mail matter
ne which includes not only newspapers
IN but magazines and miscellaneou
n periodicals. at one cent pound
1r amounts to about $63O00.OOO year
BIT Congress, he says, may we'll conside
W. whether radical steps should not b.
in taken to reduce the deficit in the most
~ | Office department A higher rate n
of postage it is suggested. might be in
ID posed upon magazines and periodicals
IS. The second subject worthy of mel
tie ton in the postoff1ce department, i
is the real necessity and entire prae
ID ticability of establishing postal saving
i'd banks" the message continues. Pres
90 dent Taft says he is convinced the pee
". pie desire such banks. and that the
al will be productive Of the utmost gooc
ut ''They will furnish satisfactory sui
-, StitI1tA based on sound princiD1a an