The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-12-06

properly patented, fines and penalties
for trespass, prosecutions and convic-
lions under the antitrust law and pros
ecutions under the interstate commerce
law.
Invite especial attention to the pros
ecutions under the federal law of the
80 called bucket shops" and of those
schemes to defraud in which the use
of the mail is an essential part of
the fraudulent conspiracy, 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.
In a special message last year 1
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 recommended
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 nti-
CATION by simplifying judicial pro-
eedure and expediting final Judgment.
Under present conditions the poor man
is at a woeful disadvantage 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
1t about, however, it naturally falls to
the general government by its exam
PIE to furnish a model to all states.
A legislative commission appointed by
joint resolution Of congress to revise
the procedure in the United States
courts has as yet 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
A.
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 ill 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 1889. 1t is reasonable to ex
pect that with all the vacancies upon
the court filed 1t will take up the
question of cheapening and simplify.
ing the procedure in equity in the
courts of the United States. The eQui
ty business is much the more impor,
tant in the federal courts and, 1 may
add, much more expensive.
am strongly convinced that the
eedure at law is to empower the su
preme court to do it through the me
dunn of the rules Of the court. as in
equity. This is the way in which fl
has been done In England, and thor
oughly done. The simplicity and ex
petition Of procedure in the English
courts today make a model for the re
form of other systems.
Several or the lord cnancellors Of
England and Of the chief justices hav,
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
fecting law reforms. cannot con
eeive any higher duty that. the su
Preme court could perform than IL
leading the way to simplihcation O
procedure In the United States courts
Unnecessary Appeals.
No man ought to have as a matte
Of right a review of his case by tn
supreme court. He should be satisfe,
by one hearing before a court of frs
instance and one review by a court o
appeals. The proper and chief useful
ness Of the supreme court, and espe
cially Of the supreme court of tn
United States, is in the cases whicl
come before it SO to expound the law
and especially the fundamental law-th
constitution-as to furnish precedent
for the inferior courts in future Iitiga
ton and for the executive officers Il
the construction of statutes and tn
performance of their legal duties
Therefore any provisions for revieN
of cases by the supreme court tina
cast upon that court the duty of pass
ing on questions of evidence and tn
construction of particular forms of il
gtruments, like indictments or will
or contracts. decisions not Of genera
application or Importance, merely clio