The Parma herald. (Parma, Idaho) 1903-1917, 1910-12-15

giifyins judicial procedure ana sxpsditini
anel 5ndsmsnt uncsr present conditions
rich opponsns. The nees.sity for the reform
ssists both IN the unitsd etstss Courts and
~ stats courts In order TO bring y
about, however. II naturally falls to the
osnsrai ocysrnmsnt BY Its example to fur
nlnh = model 20 all states. legislative
commission appointed by joint resolution Of
report.
Under the law the Supreme Court Of the
United States has the power and = given The
duty 70 frame the equity rules Of procedure
which ere to obtain IN the Federal courts OF
nrst Instance In View Of the heavy burden
on Prsssing Utilization which that court
numbers cspacfatsd through III health.
u has not been abIs to take UP problems Of
improving the equity procedure. which has
practically Remained the same since the or
ganisatfon Of the court in 1859. n IL res-
Snnnble TO expect that with AL the vacancies
upon the court filisd. It Will take up the
procedure In equity rules n the courts Of
the United gtatss- The squity business IL
much more important in the Federal Courts
am strongiy convinced that ths hest meth
% OF improving judicial procedurs at law IL
to empower tie Supreme Court to do Il
cssSs !. IL saSisy This 'o The s % 'h m
which II has bsen done In England and thor
oughiy done. The simplicity and expedition
make model for the reform Of other sys.
ternA
No man ought have a. mattsr Of right
rsvisv Of his case ~ the Supreme Court
fore = court Of fret Instance and ons rs-
view BY court % apposis. This proper and
chief uscfuinsss OF the Supreme cours. and
United states L. IN tho gases which come
before IL. % 20 erpound the law and es-
pecIniiy the fundamental iaw--thc constitu.
tiOn--as 10 furnish presidents for the lnfe-
fior courts in future litigation and for the
executive oaicers In the construction OF
statutes and the performance OF their legal
INV Of cases BY the supreme Court that cast
upon that court the duty Of passing on qucs-
lions OF eyidsncs and tho construction OF
particular forms OF Instruments, like .ndict-
msntn or Wills. or contracts. decisions not
Of general application or imsortAAce, merely
burden the court and render more difficult
ns hiEhsr function. the supreme Court Il
peels OF this kind. and earnestly urge that
il be removed.
wish 10 renew my ury ont recommends
ton made In my last annual message In
favor OF the passage OF 4 law which shall
regulate the issuing OF 'njunction~ In equity
without notice In accrdancs with ths best
United stutss 1 rehard this OF Especial in-
portancs. nrst becH.se II has been promised.
and second beesyss II win deprive those
In the improper issuing OF inJunctlons with
out notice OF any real ground for further
amendment ana will take away all sem
blancs OF support for the extremely radical
legislation. the) propose. which Will be most
perncious II adopted. Will sap the founda-
lions Of judicial power, and legalszo that
crus1 social Instrument. the secondary boy
colt.
further recommend % consrcss the pass
age Of the bill now pending for thu increase
In salaries OF the Federal Judges. Tho cost
OF living IL such. especially In the large
cities, that sven the salaries 1xed IN the pro-
posed bill will enable tho incumbents to ac-
families after their death.
Tho postal savings bank system viii
be extended gradually. This application
Of business principles has resulted In the
return OF Si1,b0o,0O0 OF the 81. 10000 APP
propriated to cover tho estimated de-
ncit, The Postmsster-Gener esti-
mates for the present year are so low ae
10 be within the expected revenue.
First. second and third-class postmas-
ters should be placed In the classified
service. The message adds:
II IL more logical TO do this than to clans
lfy the fourth class postmaaterr, for the
reason that the fourth class postoffices are
usually small and the postmssters are mecca
sariiy mon who must combine other busi-
ness with the postmnstership, whereas the
first. second and third class postmasters arc
paid sufficient amount to Justify the re-
business and that they shall devote their
Attention to their postoffioc duties TO
classify first. second and third-ciass post
masters would require the passage OF an
act changing the method OF their appoint-
ment 30 a. to take away the necessity Tor
The advice and consent OF the Senate.
am aware that this Ii inviting from the
Senate = concession In respect to its quasi
powers that IL considerable. but 1
believs II to DO IN the interest OF good ad-
and Efficiency OF service TO
make this chansN would take the post
masters out OF politics; would relieve Con-
! ressmsn who are now burdened with the
necessity Of making recommendations for
The places OF a responsibility that must be
rksome and can create nothing but trouble.
- - -culd result In securing greater at
ention to business. greater fidelity and con-
n the possibilities which they conduct
Tho Unrestricted manner In which tho |
ranking privilege IL now being ussd By |
,hc several Federal services and by Com
gross has laid II open to serious abusss
While II has been impossible without a bst-
Ter control OF frsnkinE to determine the ac-
Iuai expense TO the Government of this
practice. thcre can be doubt that IL an
nualiy reaches into the Millions A. the
'irst step In the direction OF reforms special
stamps and stamped envelopes have bsen
provided for use Instead OF franks In the
rec transmission OF the official mail re-
'ulting from the business OF the new postal
savings system. ~ properly recording the
,urats records can be- kept OF the cost to
he Government Of handling the postal saw
ngs mail which il certain to become an
Important item OF expense and one thai
lhouid be separately determined.
In my last message I invited the attain
lion Of Congress 10 the inadequscy OF the
postal rate imposed upon sscond-elns mail
matter Insofar as that Includes maxszinss
and showed bJ Figures prepared by experts
n the Possibilities Department that the Gov
'rnment would be rendering a service 10
he magazines. costing many millions In ak
,ess OF the compensation paid. An answer
vas attempted 20 this By the representatives
This answer by the Poatoffice Department.
rhe utter insdequacy OF the answer com
s.dered In the light OF the reply OF the Post
office Department think. must appeal TO
sny fair-mlndcd person. WHISTLER me an
swer was ali that could be said In behalf
y the maxsrines IL another question.
sEres that the question 10 one OF fact. but
insist that II the fact IL the experts
ef the fosto1ice Department show that We
are furnishing 10 the owners Of magazines
, service worth millions more than thev |
pay for Il. then justice requires that ~. rate
should bo increased. Ths Increase in me |
reesipis OF the department resulting from
~ ensnse may be devoted TO Increasing |
ne usefulness OF the department 10 estab-
inhlns a parcels post and IN reducing the /
,ost OF nrst-ciass postage 10 I cent II has
,esn SAID BY the Postu sstef- General that /
Az adjustment might be made under which 4
ne ADVERTISING part OF the maEazins should L
pc charged for at different and HIGHER
49, 'nan mat from the reading matter.
ihls would relieve many useful magazines
NAT are not circulated at a profit. and \
would not ahut them out from the ure Of
me mails BY prohibitory rate.
win respect TO the parcels post I rc-
'pecfully recommend It's adoption on ali Il
'ural delivery routes, and that II pounds
no International limit-ee made ths limit OF Il
'HrriaEe In such post. and this with view
. its general extension when the income
u the postoffice viii permit Il and tn. pos
~ ssfinss bank shall have been fully sstab-
,sned The same argument Il made against
ne parcels post that was made against the
,ortAi saNirfs bank--that II IL introducing 4