Los Angeles herald., 1910-12-07

norant and weak members OF the pubic anu
are saving them hundreds OF millions of dol
larB. The violations Of the antitrust law
present perhaps the most important litigation
before the department, and the number Of
cases filed shows tho activity Of the govern
ment In enforcing that statute.
In a special message last year I brought
TO the attention of congress the propriety and
wisdom of enacting a general law providing
for the Incorporation OF Industrial and other
companies engaged in interstate commerce,
and renew my Recommendation In that be-
lief.
Judicial Procedure
One great crying need in the United States
is cheapening the cost of litigation by sim
plifying judicial procedure and expediting nnal
Judgment. Under present conditions the poor
man ia at a woeful disadvantage In legal
contest with a corporation or rich opponent
The necessity for the reform exists both In the
United States courts and in all state courts
In order to bring 1t about, however, 1t natur-
ally falls to the general government by its
example to furnish model to all states. A
legislative commission appointed by joint res
oution OF congress to revise the procedure
in the United States courts has as yet made
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 pro-
cedure which are to obtain In the federal
courts Of hrst instance. In view of the heavy
burden OF pressing litigation which that court
has had to carry, with one or two OF Its mem
bers incapaoitated through Ill health, 1t has
not been able to take up problems of i'm
proving the equity procedure, which has prac-
ticaily remained the same since the organ
ization of tho court in 1883. 1t Is reasonable
TO expect that with all the vacancies upon
tho court filled 1t will take up the question
Of cheapsnins and simplifying tho procedure
in equity in the courts OF the United States.
The equity business is much the more I'M
portant in the federal court and 1 may add
much the more expensive. am strongly
convinced that the best method of improving
judicial procedure at law Is to empower the
supreme court to do It through the medium OF
the rules OF the courts as in equity. This Is
the way In which 1t as been done in Eng
land, and thoroughly done. The simplicity
and expedition of procedure in the English
courts today make model for the reform
of other systems. 1 cannot conceive any
higher duty than the supssnTe court could
perform than In leading the way TO simplih-
cation OF procedure in the United States
courts.
Relief of Supreme Court
No man ought to have a matter 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 oy
a court of appeals The proper and chief use
fulness of the supreme court, and especially
Of the supreme court Of the United States Is,
in the cases which come before 1t, SO to ex-
pound the law, and especially the fdnda-
mental law--the oonstitution-as to furnish
precedents for the inferior courts In ruture
litigation and for the executive officers In
the construction OF statutes and the per-
formance of their legal duties. Therefore, any
provisions for review of cases by the su-
preme court that cast upon that court the
duty of passing questions Of evidence ana
the construction of particular forms OF IN
struments, like indictments, or Wills, or con-
tracts decisions not Of general application
or Importance, merely clog and burden tho
court and render moro difficult its higher
junction. which makes 1t 80 important a part
of the framework OF our government The
supreme court is now carrying an unnecessary
burden of appeals OF this kind, and earnest
ly urge that 1t be removed.
Injunction Bill
wish to renew my urgent recommends
tion made In my last annual message In
favor Of the passage Of a law which shall
regulate the issuing OF injunctions in equity
without notice In accordance with the pest
practice now in vogue in the courts OF the
United States. I regard this OF especial I'M
pcrtance first because It has been promised
and second, because It will deprive those
who now complain of certain alleged abuses
in the improper issuing OF intunetions with
out notice of any real ground for further
amendment and will take away all semblance
of support for the extremely radical legis-
lation they propose, which will be most per-
nicious II adopted, will sap the foundations
Of judicial power, and legalize that cruel
social instrument, the secondary boycott.
Judicial Salaries
1 further recommend to congress the pas
sage OF the bill now pending for the IN
crease in the salaries OF the federal judges,
by which the chief justice OF the supreme
court shall receive $l7.5O0 and the assistant
Justices $4,000; the circuit Judges constitut-
ing the circuit court Of appeals shall receive
$4,000, and the district Judges $1,000. The cost
OF living Is such, especially In the large
cities, that even the salaries hxed In the
proposed bill will enable the incumbents to
accumulate little. II anything, to support their
families after their death.
Postal Savings Bank
At it's last session congress made provision
for the establishment Of savings banks by
the postofhce department OF this govern
ment, by which. under the general control OF
trustees, consisting OF the postmaster gem
eral. the secretary of the treasury and the
attorney general. the system could be begun
in a few cities and towns, and enlarged to
cover within its operations as many cities
and towns and large part or the coun-
try as seemed wise. Arrangements have been
perfected so that savings banks will be
opened in some cities and towns on the first
of january, and there will be a gradual ex-
tension Of the benefits OF the plan to the
people of the country.
Postal Deficit
AS / have said, the postoffce department
is a great business department, and am
glad to note the fact that under its pres
ent management principles OF business econ
omy and efficiency are being applied. For
many years there has been deficit in the
operations of the postofice department, which
has been met by appropriation from the
treasury The appropriation estimated for
last year from the treasury over and above
the receipts OF the department was s17,-
100000. I am glad to record the fact that
of that $1750O.O00 estimated for, s11 800. 900
were saved and returned to the treasury.
The personal efforts OF the postmaster gem
eral secured the effective cooperation of
thousands Of postmasters and other postal
officers throughout the country in carrying
out his plans OF reorganization and
trenohment. The result is that the postmas-
ter general has been able to make his esti-
mate OF expenses for the present year so
low as TO keep within the amount the pos
tai service is expected to earn It is grati-
flying to report that the reduction in the
deficit has been accomplished without any
curtailment Of postal facilities. On the con-
trary, the service has been greatly extended
during the year IN all its branches.
Upon the recommendation Of the postmaster
general, have included in the classified serv-
ice all assistant postmasters, and believe
-