Rock Island Argus., 1910-12-06

leneraI government heretofore to &C I
:upy.
am glad to say that under the ap-
Jropriations made for the department /
he attorney general has SO improved |
is organization that a vast amount of !
litigation of a civil and criminal char
lcter has been disposed of during the
current year This will explain the ne
.essity for slightly increasing the esti-
mates for the expenses of the depart
nent.
His report shows the recoveries made
ID behalf of the government of duties
rauduIently withheld. public lands i'm
properly patented, fines and penalties
'or trespass, prosecutions and convic-
ions under the antitrust law and pros
ecutons under the interstate commerce
aw.
1 invite especial attention to the pros
ecutions under the federal law of the
so 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
lty of the government in enforcing that
statute.
National Incorporation.
In special message last year l
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 1 renew my recommends
tion in that behalf
Claims.
I 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 iii the United
States is chcapening the cost of liti-
cation by simplifying judicial pro
cedure and expediting final judgment.
Under present conditions the poor man
is ut woeful disadvantage in legal
contest with ii 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. however. it naturally falls to
the general government by its exam
T'e to furnish a model 10 all states.
y legislative commission appointed ny
joint resolution of congress to revise
the procedure in the United States
courts has as vet 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 federal courts of first instance.
IN view of the heavy burden of press
ing litigation which chat court has had
to carry. with one or two of it's mem
bers incapacitated through i'll health.
it has not been able 10 take up prob
lens of improving the equity prOce-
the same since the organization of the
court in 17S9 1t is reasonable TO ez-
pect that with all the vacancies upon
the court filled it 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 impOEr
tant in the federal courts and, | may
add. much more extensive
1 am strongly convinced that the
best method of improving judicial pro-
cedure at law is TO empower the su-
prepe court to do it through the me-
dunn of the rules of the court. as in
equity. This is the way in which it
has been done in England. and thor
Oughly done. The simplicity and ex-
peditiOn of. procedure in the English
courts today make a model for the re-
form of other systems.
Several of the lord chancelors of
England and of the chief justices have
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. l cannot con-
ceive any higher duty that the su-
preme court could perform than in
leading the way to a sinplif1eation of
procedure in the United States courts.
Unnecessary Appeals.
No man ought to have as 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 by a court of
appeals. The proper and chief useful
ness of the supreme court, and espe-
cialy of the supreme court of the
United States, is in the cases which
come before it so to expound the law,
and especially the fundamental law-the
constitution-as TO furnish precedents
for the inferior courts in future litiga-