The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1909-12-09

is impossible to hope that a radical and
proper reform of the federal equity pro-
cedure can be brought about. | 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 ard making
it 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 lr-
reparable injury would result from delay,
in which case q speedy hearing there
after 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 ill-considered %injunc-
tons without notice will be removed by
the enactment of a statute forbidding
hereafter the issuing of any injunction
~ ~ ~1N 1ryhnt1,o~ n,,rn S,1 nv
or permanent, by any federal court,
without previous notice and a reasonable
opportunity to be heard on behalf of the
parties to be enjoined: unless it 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 mute that immediate
and irreparable injury is likely to ensue
to the complainant, and shall define the
injury, state why it 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-
PENDANT to be hard should by force of
the statute expire and be of no effect
after seven days from the suanc 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
or renewed after previous notice and OPP
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 tho rule now in force in some
court will prevent the issuing of i'll
o11-iCn1 op1nrS nf i =, \, notion 1rit1,r,,f
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
over interstate commerce has
led to the passage of the so-called
SHERMAN antitrust law" and the in
terstate commerce law and it's 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-CIass Mail Matter.
The deficit every veal in the post
office department is largely caused by
the low rate Of postage of 1 cent a
pound charged on second-class mail
matter, which includes not only news
papers but magazines and miscellan-
eous periodicals. The actual loss
growing out of the transmission of
this second-class mail matter at 1 cent
a pound amounts to about S63. 600. 900
a year. The average cost of the trans
portation of this matter is more thar
9 cents a pound.
1t appears that the average distance
over which are delivered
to their customers is 291 miles. While
the average haul of magazines is 1.049,
and of miscellaneous periodicals 1928
miles. Thus, the average haul of the
magazine is three and one-ha1f 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 / cent a
pound. The statistics Of 1907 show
that second-class mail matter consti-
tuted 63.91 per cent Of the weight OF
all the mail. and yielded only $40 per
cent OF the revenue.
The figures given are startling, and
show the payment by the government
~ $50 AoA " oooo1A " llC 1kO -
papers. magazines and periodicals, and
congress may we'll consider whether
radical steps should not be taken to
reduce the deficit in the p%ost-ofice 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 thai
newspapers, and contain a much higher
proportion of advertising to reading
matter, and the average distance of
their transportation is three and a half
times as great.
The total deficit for the last fiscal
year in the postof1ce department.
amounted to $3.50 900. The branches
of it's business which it did at a loss
were the s~econd-class mail service, in
which the loss, as already said. was
$63, 900, 900, and the free rural delivery in
which the loss was s2s, 900, 900. These
losses were in part offset by the
profits Of the letter postage and
other sources Of income. 1t would
seem wise to reduce the loss upon
~second-class mail matter, at least
to the extent of preventing a deficit
in the total operations Of the post
office.
I commend the whole subject to con-
gross NOT ,1nmip5fu1 ~ Tho ,1,o, 80