Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1909-12-14

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| at common law and proceedings in equity
| In the federal courts, but 1t is certainly
| not impossible by statute to simplify
and make short and direct the procedure
| Doth at law and in equity in those courts.
Ii Is not impossible 10 cut down still
| more than 1t Is cut down, the jurisdiction
OF the supreme court TO confine 1t
almost wholly to statutory and constitu-
tional questions Under the present stat
| utes the equity and admiralty procedure
| In the federal courts is under the control
| OF the supreme court, but in the pressure
| OF business to which that court is sub
Jected, 1t is impossible to hope that a
radical and proper reform of the federal
equity procedure can be brought about
l therefore recommend legislation pro-
| v1ding for the appointment by the Presi-
| dent of commission with authority 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 pro-
cedure upon the private litigants and upon
the public treasury and make recommen-
dation with view to simplifying and
expediting the procedure as far as possible
and making ii as inexpensive as may be
to the htigant of little means.
"Snap" Injunctions.
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 pXpppf whore irre
parable injury would result from delay
in which case a speedy hearing thereafter
should be granted
l 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
or restraining order whether temporary or
permanent by any federal court, without
previous notice and reasonable oppor-
tunity to be heard on behalf of the par
ties to be enjoined; unless it shall appear
to the satisfaction of the court that the
delay necessary to give such notice and
hearing would result in irreparable injury
to the complainant.
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 ir-
reparable. and shall also endorse on the
order issued the date and the hour of the
issuance of the order. Moreover, every
such injunction or restraining order issued
without previous notice and opportunity
by the defendant to be heard should by
force of the statute expire and be of no
effect after seven days from the issuance
thereof or within any time less than that
period which the court may fix, unless
within such seven days or such less peri
3D. the injunction or order is extended or
renewed after previous notice and oppor-
tunity 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 rem
der such orders when issued much less
Objectionable by the short time in which
they may remain effective.
Interstate Commerce Laws.
The Jurisdiction of the general govern
ment over interstate commerce has led to
the passage of the so-called SHERMAN
Antitrust Law" and the Interstate Com
merce Law and its amendments. The
developments in the operation of those
laws, as shown by indictments, trials jul
dicia1 decisions, and other sources of in
formation, call for a discussion and some
suggestions as to amendments.
The PostofIice Department..
The deficit every year in the postoffice |
department is largely caused by the low |
rate of postage of cent pound charged |
on second-class mail matter, which in |
cludes not only newspapers but maya |
zines and miscellaneous periodicals. y The |
actual loss growing out of the transmits |
| cent pound amounts to about $685. 000.- |
600 a year The average cost of the |
transportation of this matter is more |
than cents a pound.
great saving might ha 1a
amounting to much more than half of the |
loss, by imposing upon magazines and |
periodicals a higher rate of postage. They
are much heavier than newspapers and |
contain a much higher proportion of ad- |
vertising to reading matter, and the av-
erage distance of their transportation is
three and half times as great.
The total deficit for the last fiscal year
in the post office department amounted to
$17,500,0 600. The branches of its business
which it did at a loss were the second |
class mail service, in which the loss as
already said was $63. 600 900, and the free
rural delivery, in which the loss was $685.
900, 900. Those 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 pre-
venting a deficit in the total operations of
the post office department.
The second subject worthy of mention
in the postoffice department is the real
postal savings banks The sue |
cessful party at the last election declared |
in favor of postal savings banks, and al
though the proposition finds opponents in
many parts of the country, l am con- |
WINGED that the people desire such banks. |
and am sure that when the banks are |
furnished they will be productive of the
utmost good. l believe them to be neces-
sary in order to offer a proper induce
ment to thrift and saving to a great many |
people of small means who do not now |
have banking facilities and to whom
such a system would offer an opportunity |
for the accumulation of capital They
VIII furnish a satisfactory substitute
based on sound principle and actual sue
cessful trial in nearly all the countries
of the world, for the system of govern
adopted in several western states. which
with Difference to those who advocate it
seems to me to have in it the seeds of
Generalization to conservative banking
and certain financial disaster
The question of. how the money depos-
tied in postal savings banks shall be in
vested is not free from difficulty. but /
believe that a satisfactory provision for
this purpose was inserted as an amend
ment to the bill considered by the Senate
at its last session. 1t has been proposed
10 delay the consideration of legislation
establishing a postal savings bank until
after the report of the monetary commits
sion. This report is likely to be delayed |
ana properly so. because of the necessity |
Tor careful elaboration and close investi-
cation. ] do not see why the one should
be tied up with the other. 1t is under
stood that the monetary commission have
ooked into the systems of banking which |
low prevail abroad and have found that |
oy control there exercised in respect to
reserves and the rates of exchange by
some central authority panics are avoid
I'd. II is not apparent that a system OF |
postal savings banks would in any way
Interfere with change to such system
lere Certainly in most of the countries
n Europe where control is thus exercised
1y a central authority. postal savings | !
banks exist and are not thought to be in
consistent with a proper financial and
banking system
Recommends Ship Subsidy.
Following the course of my distin- |
pushed predecessor. l earnestly recon-
mend TO Congress the consideration and
,asSage of a ship subsidy bill looking to |
he establishment OF lines between our | ;
Atlantic seaboard and the eastern coast
Il South America, as well as lines from
he west coast of the United States tc (
south America, China Japan and the 7