The Birmingham age-herald., 1910-12-07
President Taft Sends Message f~
 To Congress On Legislation
ocoNTINUED FROM PAGE 9,

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 sion appointed byfjoint resolution of Con gress to reviss the procedure in the United States courts has as yet made no report. a4
 tuderfthe law the supreme court of the lin'ted States has the power and is given the ,euty to frame the equity rules of pro- ceqAlre which are to obtain in the federal Fourts of first instance. In view of the fheavy burden of pressing litigation which that court has had to carry, with one or two of its members incapacitated through ill health. it has not been able to take up problems of improving the equity pro- cedure, which has practically remained the same since the organization of the court in 1789. It is reasonable to expect that with all the vacancies upon the court filed it will take up the question of eheapening and simplifying the procedure in equity in the courts of the United States. The equity business is much the more important In the federal courts. and may add much the more expensive. am strongly convinced that the best method of improving judicial procedure at law is to empower the supreme court to do it through the medium of the rules of the court, as in equity. This is the way in which it has been done in England. and thoroughly done. The simplicity and ex- petition of procedure in the English courts today make model for the re- fern of other systems.
 Several of the lord chancellors of Eng
 lard and of the chief justices have left their lasting impress upon the history of their country by their constructive abili- ty in proposing and securing the passage Of remedial Legislation effecting law re- forms. I can not conceive any higher duty that the supreme court could per form than in leading the way to simpli- flcatfon of procedure in the United States courts.
 | Relief of Supreme Court From Unnee- essary Appeals
 l No man ought to have, as a matter of right, a review of his case by the su- l preme court. He should be satisfied by
 one hearing before a court of first in- 1 stance and one review by a court of ap- peals The proper and chief usefulness of | the supreme court, and especially of the | supreme court of the United States is. in the cases which come before it, so to ex- | pound the law, and especially the funda- mental law-the constitution-as to fur nsh preeedents for the inferior courts in future litigation and for the executive | officers in the construction of statutes | and the performance of their legal du- | ties Therefore, any provisions for re- view of cases by the supreme court that cast upon that court the duty of passing l on questions of evidence and the con struction of particular forms of instru- Tnents, like indictments, or wills or con
 tracts, decisions not of general applica- ton or importance, merely clog and bur den the court and render more difficult it's higher function, which makes 1t so | important a part of the framework of our government. The supreme court is now | carrying an unnecessary burden of ap- peals of this kind, and I earnestly urge | that it be removed.
 Tlp ct a
 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 It's decisions as that of the various 1 United States circuit courts of appeals | The act of March ?, 1907 authorizing an- peals by the government from certain | Judgments In criminal cases where the defendant has mot been put in jeopardy, within the meaning of the constitution should be amended so that such appeals | should be taken to the circuit court of | appeals instead of to the supreme court | in ali cases except those involving the construction of the constitution or inc constitutionality of a 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 Ap- | Peills from the United States court in 1'orto Rico should also run to the cir
 cult courts of appeals of the third cir | cult instead of to the supreme court
 These suggested changes would. 1 am
 advised relieve the supreme court of the | consideration of about 30 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 1 1 have stated above
 l The American Bar association has had
 teeore it the question of reducing the | burden of litigation involved in reversals | on review and new trials or re-hearings.
 and in frivolous appeals in habeas cor pus and criminal cases. Their recommen- datlons have been embodied in bills now
 pending in Congress. The recommenda
 tons are not radical, but they will ae-
 complish much if adopted into law. and
 earnestly recommend the passage of
 the bills embodying them
 Injunction Hill
 l wish to renew my urgent recommen
 dation made in my last annual messa ge
 in favor of the passage of d law which
 shall regulate the issuing of injunetjons
 'n equity without notice in accordance