The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1910-12-09

reasons WHY the government SuOuIu
take over and include in it's manage
ment the furnishing not only to the
navy. but to the public, drElock and
repair shop facilities and the sale OF
coal. oil and other ship supplies.
The maintenance of lock canal OF
this enormous size in a sparsely pop.
ulated country and in the tropics,
where the danger from disease IS al
ways present, requires a large and
complete and we'll trained orgoniza-
tion with full police powers. exercis-
ing the utmost care.
I cannot close this reference to the
canal without suggesting as a wise
amendment to the interstate COM
merce law provision prohibiting In
terstate commerce railroads from own
ing or controlling ships enIa 3cd in
the trade through the Panama canal.
believe such a provision may be
needed to save to the people Of the
United States the benefits of the com
petition in trade between the Eastern
and Western seaboards which this
canal was constructed to secure
..:.., Department Of Justice.
/ am glad to say that under the ap-
propriations made for the department
of justice the attorney general has so
improved its organization that a vast
amount of litigation Of a civil and
criminal character has been disposed
of during the current year This win
explain the necessity for slightly in
creasiilg the estimates for the ex-,
penses of the department. His report
shows the rccoveries made ON behalf
of the government, Of duties fraud
ulently withheld, public lands improp-
erly patented, fines and penalties for
trespass, prosecutions and convictions
under the antitrust law and prosecu-
tions under interstate commerce law.
/ invite especial attention to the
prosecutions under the federal law of
the SO called bucket shops" and of
those schemes tordefraud in which the
use Of the mail is an essential part of
the fraudulent conspiracy, prosecu-
tions which have saved ignorant and
weak members of the public and are
saving them millions ct dollars. -.
The violations of the antitrust law
present perhaps the most important
litigation before the department, and
the number. of cases filed shows the
activity of the government in enforc'
ing that statute.
judicial Procedure.
One great crying need in the United
States is cheapening the cost of litiga'
tion by simplifying judicial procedure
and expediting final judgment. Under
present conditions the poor man is at
woeful disadvantage in legal con,
tes. with corporation or rich Op'
ponent. The necessity for the reform
and in all state courts. In order to
bring it about, however, it naturally
falls to the general government by its
example to furnish model to all
states. A legislative commission ap
pointed by joint resolution of congress
to revise the procedure in the United
States. courts has as yet made no re-
port.
l am strongly convinced that the
best method of improving judicial pro
cedure at law is to empower the SUI
preme court to do it through the ME
dium of the rules of the court, as in
equity. This is the way in which il
has been done in England.
Relief Of Supreme Court From Un
necessary Appeals.
No man ought to have as matter
Of right review of his case by the SUI
preme court. He should be satisfied
by one hearing before court of first
instance and one review by court OF
appeals. The proper and chief useful
ness of the supreme court, apd espe
cially the supreme court of the United
States. is in the cases which come be-
fore it so to expound the law and espe
cially the fundamental law-the con
stitution-as to furnish precedents fol
the inferior courts in future litigation
and for the executive officers in the
construction of statues and the per
formance of their legal duties. There
fore any provisions for review of cases
by the supreme court that cast upon
that court the duty OF passing on ques
tions of evidence and the construction
of particular forms of instruments, like
indictments or wills or contracts, de-
cisions not Of general application OF
Importance, merely clog and burden
the court and render more difficult its
higher function, which makes it so i'm
portant part of the framework OF
our government. The supreme court is
now carrying an unnecessary burden
Of appeals of this kind, and earnestly
urge that it be removed.
-. judicial Salaries.
I further recommend to congress the
passage Of the bill now pending fol
the increase in the salaries of the fed
eral judges, by which the chief justice
Of the supreme court shall receive SIT,
500 and the associate justices $4,000
the circuit judges constituting the cir