Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-12-06

ton Of civil and criminal character has
been disposed OF during the current year.
This will explain the necessity for slight
ly increasing the estimates for the sx-
penses Of the department. His report
shows the recoveries made en- behalf OF
the government, of duties fraudulently
withheld, public lands imp, operly patent
ed. fines and penalties for trespass, prose-
cutions and convictions under the anti
trust law, and prosecutions under the in
terstate-commerce law. I invite especial
attsntion to the prosecutions under the
federal law Of the eo-ca.led bucket
shops. and of those schemes to defraud
in which the use of the mail is an essen
tial part of the fraudulent conspiracy.
prosecutions which have saved ignorant
and weak members of the public and are
saving them hundreds Of millions of dol
lars. The viola. ions Of the antitrust law
present perhaps the most important liti-
cation before the department.. and the
number OF cases filed shows the activity
or the government in enforcing that
statute.
National Incorporation.
In q special message last year
brought to the attention Of Congress the
propriety and wisdom Of enacting a gen.
eral law providing for the Incorporation
OF industrial and other companies en-
gagged in interstate commerce, and I re-
new my recommendation in that behalf.
l invite the attention Of Congress to
the great number Of claims which, at
the instance of Congress. have been con-
sidered by the Court Of Claims and de-
| cided to he valid claims against the gov
eminent. The delay that occurs in the
payment OF the money due under the
| claims Injuries the reputation of the gov
eminent as an honest debtor, and
earnestly recommend that those claims
which come to Congress with the judg-
ti1ent and approval Of the Court Of Claims
should be promptly paid.
Judicial Procedure Reform.
One great crying need in the United
States is cheapening the cost Of litiga-
ton by Simplifying judicial procedure and
expediting final judgment. Under pres
ent conditions the poor man is at
woeful disadvantage in legal contest
with corporation or rich opponent
The necessity for the reform exists both
In United States courts and in all state
courts. In order to bring it about how
ever. 1t naturally falls to the general
government by its example to furnish
q model to all states. legislative COM
| mission 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 in the
IcQ0Idt COuTIS VI uTSI llSIAuCCs AL view
Of the heavy burden Of pressing litiga-
ton which that court has had to carry.
with one or two of its members inca
pacitated through i'll health. 1T has not
been able to take up problems of im-
proving the equity procedure. which has
practically remained the same since the
organization Of the court in 1880. 1t Is
reasonable to expect that with all the
vacancies upon the court filled, 1t will
take up the question of cheapening and
simplifying the procedure in equity IN
the courts of the United States. The
equity business is much the more fmpor-
tant in the federal courts. and, may
add, much the more expensive. am
strongly convinced that the best method
Of improving judicial procedure at law
through the medium Of the rules Of the
court. as in equity. This is the way IN
which it has been done in England. ana
thoroughly done. The simplicity and en-
petition Of procedure in the English
courts today make modei TOT the re-
form Of other systems
Several Of the lord cilancellors OF Eng
land and Of the chief justices have lett
their lasting impress upon the history
of their country by their constructive
ability in proposing and securing inc
law reforms. l cannot conceive any
higher duty that the Supreme Court
could perform than In leading the way
to simpliflcation OF procedure III tue
United States courts.
Relief of Supreme Court.
No man ought to have, as matter Of
right, a review Of his case by the Supreme
Court. He should be satisfied by one
hearing before q court OF first instance
and one review by q court OF apPea as
supreme court, and especially Of the SUI
preme Court of the United States. is, In
the cases which come before 1t, so 10 ex-
pound the law, and especially the funda-
mental law--the CONSTITUENCIES to FURNISH
presidents for the inferior courts In ru-
ture litigation and for the executive Of
ficers in the construction of statutes and
the performance Of their legal duties:
Therefore, any provisions Tor review OF
cases by the Supreme Court that cas-
upon that court the duty OF passing on
questions of evidence and the construction
Of particular forms of instruments, like
indictments, or wills. or contracts, de-
cisions not OF general application or I'M
court and render more dificult its higher
function, which makes it SO important
part of the framework Of our govern
ment. The Supreme Court is now carry
ing an unnecessary burden OF appeals OF
this kind, and earnestly urge that 1t be
removed.
The statutes respecting the review by
the Supreme Court Of the United States
Of decisions of the Court of Appeals Of
the District Of Columbia ought to be SO
amended as to place that court in the
same position with respect to the review
OF its decisions as that OF the various
United States circuit courts Of appeals.
The act OF March .. 1907. authorizing ap-
pea!s by the government from certain
judgments in criminal cases where the
defendant has not been put in jeopardy.
within the meaning Of the Constitution.
should be amended so that such appeals
should be taken to the circuit courts of
appeals instead of to the Supreme Court
in all cases except those involving the
construction of the Constitution or the
constitutionality of q statute, with the
same power in the Supreme Court to re-
view on certiorari as is now exercised by
that court over determinations of the
several circuit courts of appeals. Appeals
in copyright cases should reach final judy
ment I'm the courts Of appeals instead Of
the Supreme Court as now. The decision
Of the courts of appeals should be made
final also In all cases wherein jurisdiction
rests on both divorce citizenship and the
as now be renewable In the Supreme
Court when the case involves more than
one thousand dollars. Appeals from the
United States court in Porto Rico
should also run to the circuit courts
Of appeals Of the third circuit instead of
10 the Supreme Court. These suggested
changes would. I am advised. relieve the
Supreme Court of the consideration of
about eighty cases annually, and would
be in harmony with the theory Of review
which led to the establishment of the
circuit courts of appeals and which
have stated above