The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1910-12-06
DEPARTMENT. OF JUSTICE
President Fayors Increasing Pay CT
Judges to $4,000 Year.

IeEeSE OF Vllth SS(euGfNl NNelIslEtH Va = -lt
people and extending Its activities Into
avenues plainly within its constitution
al Jurisdiction. but which it has not
been thought wise or necessary for the
general government heretofore to oc-
cUpy.
am glad to say that under the APP
proprlatIons made for the department
the attorney general has so improved
its organization that Il vast amount OF
litigation of civil and criminal char
acter has been disposed OF during the
current yenr. This will explain the ne
cessity for slightly increasing the esti-
mates for the expenses of the depart
ment.
His report shows the recoveries made
on behalf of the government of duties
frauduIently withheld, public lands Inn
properly patented, fines and penalties
for trespaSs, prosecutions and convic-
lions under the antitrust law aud pros
ecutIons under the Interstate commerce
law.
invite especial attention to the pros
ecutions under the federal law OF the
so called ''bucket shops and OF those
schemes to defraud in which the use
of the mail Is an essential part of
the fraudulent consprac y, prosecutions
which have saved ignorant and weak
members of the public and are saving
them hundreds of millions of dollars.
The violations OF the antitrust law
present perhaps the most important lit.
igation before the department. and the
number OF cases fled shows the activ-
ity of the government in enforcing that
statute.
National Incorporation.
I
brought to the attention of congress
the propriety and wisdom OF enactinG
a general law providing for the in
corporation OF Industrial and other
companies engaged in interstate com
merce, and I renew my recommends
ton in that behalf.
Claims.
invite the attention of congress to
the great number Of claims which, at
the instance Of congress. have been
considered by the court of claims and
decided to be valid claims against the
government. The delay that occurs in
the payment of the money due under
the claims injuries the reputation of
the government as an honest debtor.
and earnestly recommend that those
claims which come TO congress with
the Judgment and approval Of the
court Of claims should be promptly
paid.
Judicial Procedure.
One great crying need in the United
States is cheapening the cost Of liti-
CATION by simplifying judicial pro
cedure and eXpeditng final judgment.
Under present conditions the poor man
IS at woeful disadvantage in legal
contest with corporation or n 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, 1t naturally falls to
the general government by it's exam
pie to furnish u model to all states.
A legislative commission appointed by
joint resolution of congress to revise
the procedure in the United States
courts has as vet made no report
Under the law the supreme court of
the United States has the power and
is given the duty to frame the equity
rules of procedure which are to obtain
in the federal courts of first instance.
In view OF the heavy burden OF press
ing litigation which that court has had
TO carry, with one or two of its mem
bers incapacitated through III health,
it has not been able to take up prob
lens OF improving the equity proce-
dure, which has practically remained
the same since the organization of the
court in 1850. 1t is reasonable to eX-
pect that with all the vacancies upon
the court filed 1t will take up the
question of cheapcning and simplify
ing the procedure in equity in the
courts OF the United States. The eQui-
~ business is much the more impor-
tant in the federal courts and, may
add, much more expensive.
1 am strongly convinced TINT the
hest method of Improving judicial pro
cedure at law Is to empower the SUI
preme court to do it through the me
dunn OF the rules OF the court, as in
equity. This is the way in which it
has been done in England, and thor
ouGhly done. The simplicity and OK
pedition of procedure in the English
courts today make n model for the re-
form OF other systems.
Several of the lord chancGllors OF
England and OF the chief justices have
left their lasting Impress upon the his
tory of their country by their construc-
tive ability in proposing and securing
the passage of remedial Legislation eff
fecdng law reforms. cannot con
ccive any higher duty that the su-
prcme court could perform than in
leading the way to simpllliCatlon of
procedure in the United States courts.