The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1910-12-09

leers, instead of by the present con-
pork barrel method.
Panama. Canal
Progress is satisfactory, and nom
personal investigation he holds that
press reports as to serious dii!iclu-
lies and detects in plans are l'nwar-
ranted Time for opening, Jan.
1915; total cost, $375, 100000. lte]
strongly favors fertilization Of the
canal. Believes that tolls should At
least pay cost OF maintenance and
interest on the investment. Iii his
judgment they should not exceed 81
per net ton. He recommends as an
amendment to the interstate COM
merce law "a provision prohibiting
interstate commerce railroads from
owning or controlling ships engaged
IN the trade through the Panama
Canal"
Department of Justice.
He recommends prosecution under
the federal "bucket shop" laws to
prevent use of the mails by fraudu-
lent schemes. He says: The work.
ingN of the antitrust law present
perhaps the most important litiga-
ton before the department.. and the
number of cases filed shows the ac-
tivity Of the government in enforce
ing that statute"
He renews recommendation Of en-
actment of general law providing
for national incorporation of indus
trial and other companies engaged in
interstate commerce OF needed re-
forms in the judicial pro cedure, ne
says:
Zone great crying need in the
United States is cheapening the cost
of litigation by simplifying judicial
procedure and expediting final iudg-
ment. Under present conditions
the poor man is at woeful disad-
vantage in a legal contest with a
corporation or a rich opponent. The
necessity for the reform exists both
in United States courts and in all
state courts. In order to bring it
about, however, it naturally falls to
the General Government by it's ex-
ample to furnish model to all
states. A legislative commission
appointed by joint resolution of Con-
gress to revise the procedure in the
United States courts has as yet made
no report"
No man ought to have, as a mat
ter of right, a review of his case by
the Supreme Court. He should be
satisfied by one hearing before a
court of first instance and one review
by court Of appeals. The proper
and chief usefulness of the Supreme
Court, and especially of the Supreme
Court Of the United States, is, in the
cases which come before it, 50 tic
expound the law, and especially the
fundamental law--the Constitution
as to furnish presidents for the
Inferior courts in future litigation
and for the executive officers in the
construction of statutes and the per
Torrance of their legal duties
Therefore, any provisions for review
of cases by the Supreme Court that
cast upon that Court the duty oil
passing on questions Of evidence and
the construction of particular forms
of Instruments, like idictments, o,
Wills. or contracts, decisions not ot
general application or Importance
merely clog the burden of the cour
and render more difficult it's higher
function. which make it SO important
part of the framework of our gov
eminent. The supreme court is nov
carrying an unnecessary burden o.
appeals of this kind, and I earnestly
urge that it be removed"
81 wish to renew my urgent recon
mendation made in my last Annua
Message in favor of the passage of
law which shall regulate the issuing
OF injunctions in equity without no
tice in accordance with the best prac
tice now in vogue in the courts O
the United States. regard this O
special Importance. first because i
has been promised, and second be
cause it will deprive those who nov
complain of certain alleged abuses il
the improper issuing of injunction.
without notice of any real GROUND
for further amendment and will tax,
away all semblance of support 70
the extremely radical legislation the,
propose, which will be most PERM
| cious ii adopted, will sap the foun
dations Of judicial power and legal
lac that cruel social instrument, tn
secondary boycott
Postoffice Department.
! Attention is called to the initia
establishment of a number of posta
banks on Jan. /. 1911. Note is mad
OF decrease in the deficiency of tn
postoffce department and the effort