Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-12-06
DEPARTMENT. OF JUSTICE.

me duties OF the department of JUS
lice have been greatly increased by
legislation of Congress enacted In the
interest of the general welfare OF the
people and extending its activities into
avenues plainly within Its constitutional
jurisdiction. but which 1t has not been
thought wise or necessary for the gem
eral government heretofore to occupy,
! am glad to say that under. the APP
proprla lions made for the department,
the attorney-gcneral has so improved
g organization that a vast amount OF
litigation of a civil and criminal char
acter has been disposed OF during the
current year. u invite especial atten-
iion TO the prosecutions under the fed
cral law of the sd-cuilcd bucket
chops. and OF those schemes TO defruud
~ which the use of the mail Is an es-
sential part OF the fraudulent conspir-
acy, prosecutions which have saved ig-
norant and weak members OF the pub
lie and are saving them hundreds OF
millions of dollars. The violations o;
the antitrust law present perhaps the
department. and the number OF cases
ilicd shows the activity of the govern
liient In enforcing that statute.
NATIONAL INCORPORATION.
In a special message last year
brought to the attention OF Congress
the propriety and wisdom of enacting
q general law providing for the in
corporation of Industrial and other
companies engaged in Interstate COM
merce, and renew my recommends
ton In that behalf "a. .:s ~ q.
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
me claims Injuries the reputation Of the
government as an honest debtor, and
earnestly recommend thll those
claims which come TO Congress- with
the judgment and approval 0f the court
of claims should be promptly paid.I,;
JUDICIAL PROCEDURE.
One great crying need In the United
States Is cheapening the cost Of litiga-
ton by simplifying judicial procedure
and expeditng final Judgment Under !
present conditions the poor man is at
woful disadvantage In a legal contest
with a corporation or rich opponent.
The necessity for the reform exists both
In the United States courts and in all
state courts. In order to bring it about
however, 1t naturally falls to the gem
eral government BY its example to
furnish a model to all states
~ legislative commission appointed
ny 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 federal courts of first
instance. In view of the heavy burden
of pressing litigation which that court
has had to carry. with one or two Of
Its members incapacituted through i'll
health, 1t had not been able to take
up problems OF improving the equity
procedure, which has practically re-
rlnincd the same since the organiza-
ton OF the court in 1883. 1t Is reason
able to expect that with all the vacan-
Giles upon the court filled, 1t will take
up the question of cheapening and sim
plifying the procedure In equity in
the courts of the United States. Tho
equity business is much the more i'm
portant in the federal courts, and I
may add much the more expensive. I
am strongly convinced that the best
method OF improving judicial proceed
ure 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 expedition OF pro-
ccdure in the English courts today |
make a model for the reform of other |
systems. l cannot conceive any high !
er duty than the supreme court could |
perform than in leading the way to
of procedure In the |
United States courts llst |