The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1910-12-08

work on the Panama canal, I have just
made visit to the isthrnue to inspect tho
work done and to consult with him on
are likely to arise IN the near future The
progress OF the work II most satisfactory.
II no unexpected obstacle presents itself,
the canal win be completed well within
mate Of cost, $s75, 100000.
Among the questions arising for pres
ent soluticn 10 the decision whether the
stated 10 the congrsss that I strongly
favor fertilization and I now reiterate this
opinion and ask your consideration or the
subject IN the light OF the report alr re-
II. in our discretion. we believe modern
Notifications to be necessary to the ade-
Quate protection and policing OF the canal,
have buih the canal II is our property.
BY convention we have indicated our de-
sire for, and indeed undertaken, its uni
vsrsal and equal use. It Is also well
construction Of the canal has been to in
crease the military effectiveness OF our
navy.
Failure to fortIfy the canal would leave
position of rights and obligations which
we should be powerless to enforce and
which could never In any other way De
absolutely bdIe&uaT0e0 dBalnbI ucspci-
ate and irresponsible enemy.
National incorporation.
In special message last year brought
TO the attention of congress the proprfety
and wisdom OF enacting general law pro-
viding for the Incorporation OF industrial
state commerce. and I renew my recon-
msndation In that behalf.
judiciary Procedure.
One great crying need In the United
States Is Creapenmg the cost OF litigation
by simplifying judicial procedure and ex-
conditions the poor man is at woeful
disadvantage In q legal contest with q
corporation or a rich opponent. The nee
essity for the reform exists both In United
order to bring II about. however. 1t natur-
ally falls to the general government by
its example to furnish model TO all
states. legislative commission appoint
ed by Joint resolution of congress to re-
wise 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 tie equity rules
OF procedure which are to obtain In the
federal courts OF first instance. In view
OF the heavy burden OF pressing litigation
one or two Of its members incapacitated
through III health, II has not been able
to take up problems Of improving the
equity procedure, which has practically
of the court in 17s9 1t IL reasonable to
expect that with all the vacancies upon
the court filled, It Will take up the ques-
ton Of cheapening 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, andi may add much the more ex-
pensive. I am strongly convinced that the
best method of improving judicial pro-
cedure at law is to empower the supreme
court TO do II through the medium of the
rules OF the court as In equity. This Is
England, and thoroughly done. The sim
plicity and expedition OF procedure in the
English courts today make q model for
the reform of other systems.
land and of the chief Justices have left
their lasting impress upon the history Of
their country by their constructive Abil-
ity 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 perform than
In leading the way to a simplification OF
procedure IN, the United States courts.
Relief Of Supreme Court.
No man ought to have. as a matter Of
court. He should be satisfied by one hear
Ing before O court OF first instance and
one review by q court OF appeals. The
proper and chief usefulness OF the supreme
of the United States, is. in the cases which
come before II, so to expound the law, and
especially the fundamental law--the con-
sttution-as to furnish presidents for the
Inferior 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 eysw OF eases ~ the
passing on questions of evidence and the
construction Of particular forms Of instru-
ments, ike 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 Import
ant part of the framework Of our gov
eminent. The supreme court Is now car
rying an unnecessary burden of appeals
Of this kind. and l earnestly urge that 1t
be removed
the supreme court of the United States
Of decisions Of the court of appeals OF the
District of Columbia ought to be so amend
ed as 70 place, that court In the same
decisions as that OF the various United
States circuit courts of appeals. The act
OF March q 1907. authorizing appeals by
the government for certain judgments IN
not been put In jeopardy, within the mean
ing of the constitution, should be amend
ed so that such appeals should be taken
to the circuit courts OF appeals instead of
to the supreme court In all cases except
those involving the construction OF the
constitution or the constitutionality of a
statute, with the same power In the SUI
preme court to review on certorari as is
now exercised by that court over deter
limitations of the several circuit courts OF
appeals. Appeals from the United States
court In Porto Rico should also run to
the circuit courts of appeals OF the third
circuit instead of to the supreme court.
These suggested changes would, arm ad-
vised relieve the supreme court of the
consideration of about 50 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
have state above.
Injunction Bill.
I wish TO renew my urgent recommends
| ton made In my last annual message In
favor Of the passage Of q law which shall
regulate the issuing of injunctions in
equity without notice In accordance with
| the best practice now In vogue in the
courts Of the United States. regard this
| of especial importance. first because II
has been promised, and second because II
| will deprive those who now complain OF
| certain alleged abuses in the improper
| issuing of injunctions without notice OF
| any real ground for further amendment
| and will take away all sembiance OF sup
| port for the extremely radical Legislation
| they propose which will be most perni-
! cious IL adopted, will sap the foundations
! of judicial power and lcgalize that cruel
! social instrument, the secondary boycott
1 further recommend to congress the
passage of the bill now pending for the
increase in the salaries OF the federal