The Elbert County tribune., 1909-12-09

proper reform OF the federal equity pro-
cedure be brought about. I therefore
recommend legislation providing for the
appointment by the president OF n COM
mission with authority to examine tho
law and equity procedure OF the federal
courts OF first instance. the law of np-
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 n
view to simplifying and espediting the
procedure as far as possible and making
II as inexpensive may be to the liti-
CANT of little means
injunetIons 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 ir-
reparabie injury would result from delay.
| in which case speedy hearing there
| after should be granted"
| I 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 iil-considered n1unc-
| tions without notice Will be removed by
| the enactment of statute forbidding
| hereafter the issuing OF any injunction
| or restraining order, whether temporary
| or permanent, by any federal court.
| without previous notice and reasonable
| opportunity to be heard on behalf of the
| parties to be enjoincd; unless II shall ap-
| tn n afa al
the delay necessary to give such notice
| and hearing would result In irreparnble
| injury to the complainant and unless also
| the court shall from the evidence make
n 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 the
date and the hour OF the Issuance OF the
| order. Moreover. every such INJUNCTION
restraining order Issued without pre-
vlous notice and opportunity by the de-
fendant to be hard should by force OF
the statute expire and be OF no effect
after seven days from the issuance there
of within any time less than that pc
riod which the court may ix. unless
within such seven days or such less Pc
riod the injunction or order IN extended
renewed after previous notice and op-
portunity to be heard.
My Judgment Is that the passage of
|
best practice in equity and Is very
like the rule now In force In some
courts will prevent the Issuing OF III
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 commerce has
led to the passage of the so-cnlled
sherman antitrust law and the In
| terstate commerce 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. call
for discussion and some suggestions
to amendments. These l prefer to
embody in a special message instead
of including them in the present com
municaton. and shall avail myself
bring these subjects to the attention OF
| congress.
second-cIass Mail Matter.
The deficit every year in the post
office department is largely caused by
the low rate of postage of cent a
pound charged on second class mail
matter. which includes not only news
papers but magazines and misceilan-
eous periodicals. The actual loss
growing out OF the transmission OF
this second class mail matter at cent
a pound amounts to about $63,000.OOO
year. The average cost OF the trans
, | portation of this matter 10 more than
cents pound.
, 1t appears that the average distance
over which newspapers are delivered
| to their customers Is 291 miles. while
the average haul of magazines is 1.049.
and of miscellaneous periodicals 112s
miles. Thus. the average haul of the
magazine is three and one-half 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 l cent a
pound. The statistics of 1907 show
} that second-class mall matter consti-
| tuted 63.91 per cent of the weight OF
all the mail. and yielded only 5.19 per
| cent of the revenue.
The figures given are startling. and
show the payment by the government
: of an enormous subsidy to the news
t papers. magazines and periodicals. and
congress may well consider whether
| radical steps should not be taken "a
, reduce the deficit in the post office de-
partment caused by this discrepancy
between the actual cost of transporta
tion and the compensation exncted
, | therefor.
great saving might be made
amounting to much more than half OF
the loss. by imposing upon magazines
and periodicals higher rate of post
age. They are much heavier than
newspapers. and contain much higher
proportion of advertising to reading
} matter. and the average distance OF
: their transportation is three and a halt
times great.
The total deficit for the last fiscal
year in the postoffice department
amounted to st7.500.000. The branches
of Its business which II did at a loss
were the second class mail service, In
which the loss. already said was
$G3 100000. and the free rural delivery In
which the loss was s2s,0o0.000. These
losses were In part offset by the