The Idaho Springs siftings-news., 1909-12-11

ness to which that court is subjected 1t
is impossible to hope that radical and
proper reform of the federal equity pro-
cedure can be brought about. l therefore
recommend legislation providing for the
appointment by the president Of 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
view to simplifying and expediting the
procedure as far as possible and making
1t as inexpensive may be to the liti-
giant OF little means.
lnjunetions 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-
| reparable injury would result from delay.
| in which case . 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-
| tions without notice will be removed by
the enactment of a statute forbiddng
| hereafter the issuing of any injunction
| or restraining order, whether temporary
| or permanent. by any federal court,
| without DrpyiOuA notice and reasonable
| opportunity to be heard on behalf OF the
| parties to be enjoined: unless 1t shall ap
pear to tho 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
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 II 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-
| fendant to be hard should by force of
| 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
| riod the injunction or order is extended
| or renewed after previous notice and op-
| 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 the rule now in force in some
| courts will prevent the issuing of Ill
| 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-called
| Sherman antitrust law" and the in
| terstate commerce law" and its amend
alton of those laws, as shown by In
dictments. trials. judicial decisions.
and other sources of information, call
| for q 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 shall avail myself
of the first convenient opportunity to
bring these subjects to the attention of
| congress.
second-cIass Mall Matter.
The deficit every year in the post
ONCE department 10 largely caused by
| the low rate Of postage of l cent a
pound charged on second-class mail
matter. which includes not only news
papers but magazines and miscellan-
eous periodicals. The actual los
growing out of the transmission of
this second-class mall matter at cent
a pound amounts to about $4,000. 900
a year. The average cost of the trans
portation of this matter 10 more than
cents a pound.
1t appears that the average distance
over which newspapers are delivered
70 fhntr to- To V,tV n q
| the average haul of magazines Is 1.049.
and of miscellaneous periodicals 1,128
| 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 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 519 per
| cent of the revenue.
The figures given are startling and
| show the payment by the government
| of an enormous subsidy to the news
| papers. magazines and periodicals.. and
congress may well consider whether
radical steps should not be taken to
| reduce the deficit in the post office de-
| partment caused by this discrepancy
| between the actual cost Of transporta
| tion 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 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 half
| times as great.
| The total deficit for the last fiscal
| year in the postoffice department
| amounted to $17.500.000. The branches
| OF its business which 1t did at loss
| were the second-class mail service. in
| which the loss as already said. was
| $63. 900. and the free rural delivery in
| which the loss $4,000 600. These
| losses were in part Offset by the
| profits of the letter postage and
| other sources Of income. II would