Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-12-07
Message President Dealing With Domestic Matters of Greatest mpoanc


feu 20 the government TO advance the /
money and perform the WORK.
Nv own impression is that the tolls ought
not TO exceed 81 per net ton. on January
L 1911 the tolls IN the Suez canal are 20 be
z francs and q centlmes for one net ton
By suez canal measurement, which is
modification Of Danube measurement
dollar a ton win secure under the figures
above a gross Income from the Panama
canal OF nearly 100000 The cost Of main
tenance and operation Is estimated to PX-
coed 100000 Ultimately. Of course, With
the normal increase IN trade, the income
will approximate the interest charges upon
the Investment. On the whole I should
recommend that within certain limits the
,,resident be authorized TO fix the tolls Of
the canal and adjust them 10 what seems
to be commercial necessity.
can not close this reference to the
canal without suggesting as wise amend
ment 10 the interstate commerce law
provision prohibiting interstate commerce
railroads from owning or controlling ships
engaged IN the trade through the Panama
canal ] believe such provision may be
needed 10 save 20 the people OF the United
states the benefits OF the competition IN
trade between the eastern and western sea-
boards which this canal was constructed
10 secure.
Department Of Justice.
The duties OF the Department o. Justice
have been greatly increased by legislation
Of congress enacted in the interest OF Tire
general welfare OF the people and ex-
tending ts activities into avenues plainly
within It's constitutional jurisdiction, but
which It has not been thought wise or
necessary for the general government here
tofore to occupy.
am glad to say that under, the APP
preparations made for the department tho
attorney general has 70 improved It's orga-
nlsstion that a vast amount OF litigation
Of a civil and criminal character has been
disposed Of during the current year. This
will explain the necessity FOR slightly in
creaslng the estimates for the expenses OK
the department His report shows the
recoveries made on behalf OF the govern
ment, OF duties fraudulenty withheld,
public lands improperly patented. fines ana
penalties for trespass, prosecutions ana
convictions under the antitrust law, and
prosecutions under the interstate commerce.
law. / invite especial attention 10 the
prosecutions under the federal law OF tine
sO-calfed bucket Shops" and OF those
schemes to defraud in which the use OF
the mail Is an essential part Of the fraud
uent conspiracy, prosecutions which have
saved ignorant and weak members Of the
punAC anu are SAVING AueIl NUMEROUS o.
millions Of dollars. The violations OF thi
antitrust law present perhaps the mos
important litigation before the department
and the number OF cases filed shows tn,
activity 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 enaoting a general law pro
viding for the Incorporation OF industrial
and other companies engaged In interstat'
commerce. and / renew my recommends
/tlon In that behalf.
Claims.
In invite the attention of congress to thu
great number OF claims which at the in
stance OF congress, have been considered
by the court Of claims and decided to b
valid claims against the government I'M
delay that occurs in the payment OF tn
money due under the claims Injuries tn
reputation OF the government as an homes
debtor. and earnestly recommend tina
those claims which come to congress witt
the judgment and approval of the court o
claims should be promptly paid.
Judicial procedure.
One great crying need in the Unite
States is cheapening the cost Of litigation
by Simplifying judicial procedure and ex
pediting final judgment. Under presen
conditions the poor man Is at a woefr
disadvantage m a legal contest with a cor
poration or a rich opponent. The necessit
for the reform exists both IN United State
courts and In all state courts. In order t
bring Il about, however. Il naturally fall
70 the general government by Its exampl
to furnish a model TO all states legis
lative commission appointed by Joint reese
luton OF congress to revise the procedur
In the United States courts has as y,
made no report.
Under the law the supreme court OF II
United States has the power and is give
the duty to frame the equity rules OF pre-
cedure which are 70 obtain IN the federI
courts OF first instance. In view Of Il
heavy burden Of pressing litigation whic
that court has had TO carry. with one
two Of Its members incapaciated through
health, II has not been able to take
problems OF Improving the equity proeedur
which has practically remained the san
since the organization Of the court in Ia
II IL reasonable TO expect that with all Il
vacancies upon the court filled, Il will tai
up the question OF cheapening and simpi
Tying the procedure in equity in the cour
OF the United States. The equity buslne
Il much the more important In the FEEDER
courts, ana ! may add much the more e
peneive / am strongly convinced that Il
best method OF Improving judicial proee
ure At law is to empower the suprer
court 70 do Il through the medium OF q
rules Of the court as in equity, This
the way In which Il has been done in En-
land and thoroughly done. The simpnol
end expedition Of procedure IN the Ensli
courts today make a model for the refor
Of other systems.
Several OF the lord chancellors OF Englal
ana OF the chief justices have left IN,
lasting iraDress upon the history OF IA,
country by their constructive ability
proposing and securing the passare
remedial lesislotion effec..ng law refor
can not conceive any higher duty that I
supreme court could perform than in lea
ms the way TO a simpliricatiou of,prooedu
In the United States courts
Relief from Unneceaanrv Anal.