The Richmond palladium and sun-telegram., 1909-12-07


enforce their process and to protect
life. liberty and property shall be pre-
served inviolate. We believe. however.
that the rules Of procedure in the
federal courts with respect to the is
suance of the writ of Injunction should
be more accurately defined by statute
and that no injunction or temporary
restraining order should be issued
without notice, except where irrepara-
BILE 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 leg
islation be adopted. The ends OF JUS
tice will best be met and the chief
cause OF complaint against i'll consid-
cred injunctions without notice will be
removed by the enactment of statute
forbidding hereafter the issuing Of any
Injunction or restraining order. wheth-
er 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 1t shall appear to the
satisfaction Of the court that the delay
necessary to give such notice and hear
ing would result In irreparable injury
| to the complainant and unless also the
court shall from the evidence make Il
| written finding, which shall be spread
| upon the court minutes. that imme-
diate and irreparable injury Is likely
to ensue to the complainant and shall
define the injury. state why it Is ir-
| cIxn1 nj ;nd ho
order issued the date and the hour
| of the issuance Of the order. More
| over. every such injunction or re-
straining order issued without previ-
GUS notice and opportunity by the de-
fendant to be heard should by force
of the statute expire and be of no eff.
feet after seven days from the issu.
ance thereof or within any time less
than that period which the court may
fix unless within such seven days OF
such less period the injunction or
order is extended or renewed after
previous notice and opportunity 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 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.
Anti trust and Interstate Commerce
Laws.
/ -
ernment over interstate commerce has
led to the passage Of the SO called
SHERMAN antitrust law and the I'm
terstate commerce law" and its
amendments. The Developments In the
operation Of those laws, as shown by
indictments, trials. judicial decisions
and other sources of information, cal
for a discussion and some suggestions
as to amendments. These l prefer t.
embody in a special message instead
Of including them in the present com
munication, and I shall avail myself
Of the first convenient opportunity t.
bring these subjects to the attention ol
congress.
Jail Of the District Of Columbia.
My predecessor transmitted to the
congress a special message on Jan. IL
1909, accompanying the report of com
missioners heretofore appointed to in
vestigate the Jail. workhouse, etc. II
the District Of Columbia, in which b,
directed attention to the report as set
ting forth vividly 'the really out
rageous conditions in the workhOus'
and jail"
The congress has taken action in pur
} suance Of the recommendations Of tina
report and Of the president to the ex
tent Of appropriating funds and enact
) ing the necessary legislation for tn
establishment Of a workhouse and r.
formatory. No action, however. ha
been taken by the congress with re
spect to the Jail. the conditions q
which are still antiquated and insan
tary. l earnestly recommend the pas
> sage Of sufficient appropriation to er
able thorough remodeling Of that In
: stitution to be made without delay.
J Is a reproach to the national govern
ment that almost under the shadow @
the capitol dome prisoners should b
confined In building destitute Of tn
ordinarily decent appliances requisit
to cleanliness and sanitary conditions
Postofice Department-Seeond Clas
Mail Matter.
The deficit every year in the pos
Office department is largely caused b
the low rate Of postage Of 1 cent
pound charged on second class ma
matter. which includes not only new.
papers. but magazines and miscell;
neous periodicals. The actual loss grow
ing out Of the transmission Of thi
pound amounts to about $63, ,OO0. 600
. !. year. The average cost of the tran.
pOrtation of this matter is more tha
3 cents a pound.
1t appears that the average distanc
over which newspapers are delivere
, to their customers is 291 miles, Will
: the average haul OF magazines
1,049 and Of miscellaneous periodical
1,12S miles. Thus the average ha,
of the magazine is three and one-hal
times and that Of the miscellaneou
; periodical nearly four times the ha,
) of sthe daily newspaper, yet all Z
, them pay the same postage rate OF
cent a pound. The statistics Of 100
show that second class mail matte
, constituted 6391 per cent Of th
, weight Of all the mail and yielde
only $40 per cent of the revenue.
= The figures given are startling an
| I0k, %kS<>v 49,.