Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1909-12-09

ness 70 WHICH lldL EDLIl - 0ubJFINI4 II Il
IS impossible to hope that a radical and
proper reform OF the federal equity pro-
eedure 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 APP
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
it as inexpensive as may be to the liti-
CANT of little means.
InIunctions Without Notice.
The platform of the successful party 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 hat 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 q speedy hearing there
after should be granted"
recommend that in compliance with
the promise thus mad appropriate legis-
lation be adopted. The ends of justice
will best be met and the chief cause OF
complaint against ill-considered %iniunc-
lions without notice will be removed by
/ fHn ann1trronnt Of n Gtqtnfn f~0Thi6dtnR
hereafter the issuing of any injunction
or restraining order, whether temporary
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 APP
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 it is irreparable and
shall also indorse on the order issued tho
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-
| IlDI w bC llAA SAtSNtN ~ -
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
Rod the injunction or order is extended
or renewed after previous notice and OPP
portunity to be heard.
Ny judgment is that the passage OF
such an act which really embodies the
Io-+ nr,otioa in apIIitU and is very
like the rule now in force in some
courts will prevent the issuing of i'll.
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 hal
: led to the passage of the so-callet
SHERMAN antitrust law and the lin
t~erstate 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, cal
for a discussion and some suggestion
, as to amendments. These 1 prefer t
embody in a special message inStea
: of including them in the present com
; munication, and l shall avail mNel
= Of the first convenient opportunity t
bring these subjects to the attention O
congress.
~Second-CIass Mail Matter.
l The deficit every year in the post
g office department is largely caused b
n the low rate of postage of 1 cent
| pound charged on second-class ma
matter, which includes not only news
papers but magazines and miscellar
eous periodicals. The actual los
growing out Of the transmission {
this second-class mail matter at / Ger
a pound amounts to about $63,OOO,OC
a year. The average cost of the trans
n portation of this matter is more tina
8 cents a pound.
s 1t appears that the average distanc
o over which newspapers are delivere
# to their customers is 291 miles, viii,
: the average haul of magazines is 1,O4
j. and of miscellaneous periodicals LII
IS miles. Thus, the average haul of tt
= magazine Is three and one-half time
e and that of the miscellaneous period
IL ical nearly four times the haul of tt
d daily newspaper, yet all of them pa
the same postage rate of l cent
= pound. The statistics of 1907 sho
ia that s~econd-class mail matter const
l9 lulGu OO.Jl ltI SOl III IN ~
IL all the mail, and yielded only 5.19 p
cent of the revenue.
IN The figures given are startling, al
l. show the payment by the governme1
D. of an enormous subsidy to the new
1t papers. magazines and periodicals, al
s. congress may well consider wheth
1r radical steps should not be taken
70 reduce the deficit in the post-ofice d
s. partment caused by this discrepan'
between the actual cost of transport
1t tion and the compensation exact
m therefor.
=, A great saving might be mad
IL amounting to much more than half
the loss, by imposing upon magazin
and periodicals a higher rate of pos
age. They are much heavier tn;
S. newspapers, and contain a much high
proportion of advertising to readil
he matter, and the average distance
~ their transportation Is three and a he
n times as great.
In The total deficit for the last fsc
year in the postofice departing
x amounted to ST., 500. 900. The branch
es Of its business which 1t did at a lc
SIS were the s~econd-class mail service,
n which the loss, as already said, W
ed 500, 100000, and the free rural delivery
which the loss was s2S,0 00,0 900. Tht
ne losses were in part offset by t
ed profits of the letter postage a
r. other sources of income. 1t wol
he seem wise to reduce the loss up
e. second-class mail matter, at les
to the extent of preventing a def
ne in the total operations of the POI
Us office.
commend the whole subject to CO
gress, not unmindful Of the spread
lls intelligence which a low charge
carrying newspapers inc periodici
%; assists. I very much doubt. howev
a. the wisdom of a policy which cons
81 tutes so large a subsidy and requii
~ additional taxation to meet 1t.
sa Postal Savings Banks.
nd The second subject worthy of me
al ton in the ~postofice department is
he real necessity and entire PRACTICABLE