Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1909-12-11

year. This could be accomplished only
by cutting off new projects and sus-
pending for the period OF one year all
progress in military matters. For the
same reason | have directed that the
army shall not be recruited up to its
present authorized strength. These
measures can hardly be more than
| temporary, for ! am sure that the in
terests of the military establishment
| are seriously In need of careful con-
sideration by congress.
The secretary of war calls attention
to a number of needed changes In the
! army, In alI of which concur. but the
point upon which | place most en-
phasis is the need for an elimination
bill providing a method by which the
| merits OF officers shall have some eff
feet upon their advancement and by
which the advancement of all may be
accelerated by the effective elimination
of definite proportion of the least
| efficient.
| The military and naval joint board
have unanimously agreed that 1t would
be unwise to make the large expendi-
| lures which at one time were contem-
plated in the establishment of naval
base and station in the Philippine Is
lands and have expressed their judg-
ment, in which | fully concur. in IA
vor of making an extensive naval base
at Pearl Harbor, near Honolulu, and
not In the Philippines.
| The Navy.
The return of the battleship feet
from its voyage around the world In
| more efficient condition than when IL
| started was q noteworthy event Of in
terest alike to our citizens and the
naval authorities OF the world. The
marked success of the ships in steam
| ing around the world In all weathers
on schedule time has increased respect
for our navy and has added to our ma
tional prestige.
1t is a regrettable fact that the
| higher officers are old for the respon-
sibilities of the modern navy, and the
admirals do not arrive at flag rank
young enough to obtain adequate train
ing in their duties as fiag officers.
Owing to the necessity for economy
in expenditures. have directed the
/ curtailment of recomne ldations for
naval appropriations so mat they are
thirty-eight millions less han the cor
responding estimates Of last year, and
the request for new naval construction
is limited to two first class battleships
and one repair vessel.
The secretary of the navy has inau-
gurated a tentative plan involving GER
tain changes in the organization OF the
navy department, including the navy
| yards. all of which have been found
by the attorney general TO be in ac-
! cordance with law. I have approved
the execution of the plan proposed be-
cause of the greater efficiency and
economy 1t promises.
Department Of Justice-Expedition In
Legal Procedure.
The deplorable delays In the admin
istration 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, n change In
| public procedure with view to re-
ducing its expense to private litigants
in civil cases and facilitating the dis
patch Of business and final decision in
both civil and criminal cases, consti-
tutes the greatest need in our Ameri-
can institutions, do not doubt for
| one moment that much of the lawless
violence and cruelty exhibited in lynch
ings are directly due to the uncertain
lies and injustice growing out of the
delays in trials judgments and the exc
cutious thereof nv our courts
therefore recommend legislation
providing for the appointment by the
president of commission With author
| ity 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 In such procedure upon the
| private litigants and upon the public
treasury and make recommendation
with view to simplifying and ex-
pediting the procedure as far as pos.
sible and making 1t as inexpensive ~
may be to the litigant Of little means.
The platform OF the successful party
in the last election contained the fol-
lowing:
Injunetions Without Notice.
I'VE believe that the rules of proce
dure in the federal courts with respect
| to the issuance of the writ of injunc-
| ton 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 a speedy hearing
| thereafter should be granted
recommend that In compliance with
the promise thus made appropriate leg
| islation be adopted Moreover. every
! such injunction or restraining order
issued without previous notice and OPP
! portuDity by the defendant TO be heard
should by force OF the statute expire
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