Heppner gazette. [volume] (Heppner, Morrow County, Or.) 1892-1912, 1910-12-15


lily within the constitutional Jurisdiction
but which 1t has}not been thought WIS
or necessary for the General Governmen
I heretofore to occupy" The organization
has been so improved that vast amopn
of business has been disposed of. Par
ticular attention is called 10 prosecuti6n
! of bucket shops."s frauds which have
misused the mailing privilege and No
lations OF the antitrust law.
Recommendation OF a federal incorpnr
alton act Is renewed Congress Is urket
to pay promptly just claims against the
/ Government. delays in.,the paymentYoi
which Injuries the reputation of the Gpv
Eernment as an honest. debtor. Smhiei
judicial procedure Is advised. The ntes
sage says:
One great crying need in the United States
Is cheapening the cost OF litigation by sim
plifying judicial procedure and expedittng
final Judgment. Under present conditions
the poor man is at a woeful disadvantage
in legal contest with. a corporation. OF
rich opponent. The pheeessity for the refdrm
exists both in the United States Courts and
in all state courts. In order to bring II
about, however. 1t naturally fclls to sthe
General Government by its example to fur
nish a model to all states. A Legislative
commission 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 of4the
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
on pressing litigation which that court
has had to carry. with one or two OF its
members incapacitated through Ill health,
1t has not been able to take up problems of
improving the equity procedure which has
practically remained the same since the or
ganization Of the court in 1889. 1t Is rea-
sonable 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 rules in the courts OF
the United States. The equity business is
much more important in the Federal Courts
am strongly convinced that the best meth
cd of improving judicial procedure at law Is
to empower the Supreme Court to do it
through the medium Of tho rules of the
court as in equity. This is the way in
which 1t has been done in England and thor
oughly done. The simplicity and expedition
of procedure in the English court today
make a model for the reform of other sys-
TENS.
No man ought have as a matter OF right
a review Of his case by the Supreme Court.
HIS should be satisfied by one hearing be-
fore a court of first instance and one re-
view by a court of appeals 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, 20 expound the law and
pecally the fundamental law-the Constitu-
tion-as TO furnish precedents for the infe-
rior courts in future litigation and for the
executive officers in the construction of
statutes and the performance of their legal
duties. Therefore, any provisions for re-
view of cases by the Supreme Court that cast
upon that court the duty Of passing on CUES
tions of evidence and the construction OF
particular forms of instruments. like indict-
ments, or wills. or contracts, decisions not
of general application or importaLce, merely
burden the court and render more difficult
ftu bfohA No s
now carrying an unnecessary burden of ap-
peals of this kind, and l earnestly urge that
it be removed.
wish to renew my urg ent recommends
tion made in my last annual message in
favor of the passage Of a law which shall
regulate the issuing of njunctions in equity
without notice in accordance with the best
practice now in vogue in the courts of the
United States. l rekard this OF especial i'm
portance first because it has been promised.
and second because it will deprive those
who now complain of certain alleged abuses
in the improper issuing of injunctons with
out notice of aLy real ground for further
amendment ana will take away all sem
blance OF support for the extremely radical
legislation they propose, which will be most
pernicious II adopted, will sap the founda-
tions of judicial power and legalize that
cruel social instrument, the secondary boy
colt.
l further recommend to Congress the pass
age of the bill now pending for the increase |
in salaries of the Federal Judges. The cost |
cities, that even the salaries fixed in the pro- |
posed bill will enable the incumbents to ac-
sumulate little, II anything, to support their
families after their death.
The postal savings bank system will /
,e extended gradually. The application !
# business principles has resulted in the
eturn Of $11,5OO,OOO Of the s17.5OO0O0 ap-
,ropriated to cover the estimated de-
icit. The Postmaster-G Generals esti-
mates for the present year are so low as
o be within the expected revenue.
First, second and third-class postmas-
ers should be placed in the classified
ervice. The message adds:
1t is more logical to do this than to class
fy the fourth-class postmasters, for the
eason that the fourth class postoffices are
snsily small and the postmasters are neces-
arily men who must combine other busi-
ess with the postmastershlp, whereas, the
lrst second and third class postmasters are
aid a sufficient amount to Justify the re-
uirement that they shall have other
usiness and that they shall devote their
ttention to their postoffice duties. To
LASTLY first. second and third class post
lasters would require the passage of an
ct changing the method OF their appoint
rent so as to take away the necessity for
ne advice and consent Of the Senate.
I am aware that this is inviting from the
enate a concession in respect to its quasi
xecutive powers that Is considerable. but l
Illustration and efficiency Of service. To
lake this change would take the post
Iasters out Of politics; would relieve Con-
ressmen who are now burdened with the
scessity OF making recommends ations for
ie places OF a responsibility that must be
ksome and can create nothing but trouble;
nd It would result in securing greater at
ntion to business, greater fidelity and con-
,quently greater economy and efficiency
the postoffices which they conduct
The Unrestricted manner in which the
anking privilege is now being used by
10 several Federal services and by Con- | .
-ess has laid II open to serious abuses |
'hile It has been impossible without q bet
r control OF frankinE to determine the ac
lal expense to the Government Of this .
-actice, there can be no doubt that Il an
1aIly reaches into the millions. As the /.
rst step in the direction Of reforms, special
amps and stamped envelopes have been
-oyided for use instead Of franks in the
es transmission Of the official mail re- I
Llting from the business OF the new postal Z
wings system. By properly recording the 7
suance OF such stamps and envelopes, sc- :
rate records can be kept Of the cost to =
10 Government Of handling the postal saw 2
gs mail, which is certain to become an {
lportaut item Of expense and ons that
ould be separately determined.
In my last message / invited the atten-
1n OF Congress to the inadequacy Of the
,stal rate imposed upon second-class mail c
after insofar that includes magazines, c
the POstOffice Department that the Gov q
nment would be rendering a service to
e magazines. costing many millions in ex
IS Of the compensation paid. An answer I
the magazines, and a reply was filed 70
is answer by the Postoffice Department. {
le utter inadequacy Of the answer. con- /
iered in the light OF the reply OF the Post {
y fair-minded person. whether the an d
-er was all that could be said in behaf n
the magazines IL another question =
-ree that the question is one Of fact; but
IN al q -