Omaha daily bee., 1910-12-07
Message of President Dealing With Domestic Matters of Greatest mportan

construction OF the canal Nlah 10 uece saflly
fell 20 the government 20 advance the
money snd perform the work
Ny own impression Is TINT the tolls ought
not 10 exceed 81 per net ton. on January
1. 1911. the tolls ia the suez canal are to be
francs and q centimes for one net ton
BY suez canal measurement which Is a
modification Of Danube measurement. A
dollar q ton viii secure under the figures
above gross income from the Panama
canal OF nearly 100000. The cost Of main
tonance and operation Is estimated to Px-
coed 100000 Ultimately. OF course. with
the normal increase ~ trade the income
will approximate the interest charges upon
the investment On the whole I should
recommend that within certain limits the
,resident be authorized to fix the tolls OF
the canal and adjust them TO what seems
to be commercial necessity.
can not close this reference TO the
canal without suggesting as a wise amend
ment TO the Interstate commerce law
provision prohibiting interstate commerce
railroads from owning or controlling ships
engaged in the trade through the Panama
canal ] believe such a provisioa may be
needed 20 save TO the people OF the United
states the benefits OF the competition in
trade between the eastern and western sea-
boards which this canal was constructed
10 secure.
Department OF Justice.
The duties OF the Department OF Justice
have been greatly increased by legislation
Of congress enacted ia the interest OF tie
general welfare OF the people and ex-
tending its activities into avenues plainly
within it's constitutional jurisdiction. but
which Il has not been thought wise or
necessary for the general government here
tofore to occupy.
am glad to say that UNDER the ap-
preparations made for the department. tho
attorney general has so improved It's orgb-
nisation that a vast amount OF litigation
Of q civil and criminal character has been
disposed Of during the current year This
will explain the necessity for slightly in
creaslng the estimates for the expenses OF
the department. His report shows the
reooveries made on behalf OF the govern
ment, OF duties fraudulently withheld,
public lands Improperly patented fines and
penalties for trespass, prosecutions ana
convictions under the antitrust law, and
prosecutions under the Interstate commerce
law. I invite especial attention 70 the
prosecutions under the federal law OF the
sO-calIed bucket Shops" and of those
schemes to defraud in which the use OF
the mail Is an essential part OF the fraud
ulent 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 litigation before the department.
and the number Of cases filed shows the
activity 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 general law pro-
vidinB for the incorporation OF Industrial
and other companies engaged in interstate
commerce and / renew my recommends
ton In that behalf.
Claims.
In invite the attention OF congress to the
great number OF claims which at the in
stance OF congress, have been considered
by the court Of claims and decided to be
valid claims against the government 1She
delay that occurs In the payment OF the
money due under the claims Injuries the
reputation Of the government as an honest
debtor. ana 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 in the United
States is eheapening the cost OF litigation
by simplifying judicial procedure and ex-
pediting final judgment. Under present
conditions the poor man Is at a woefuI
disadvantage IN legal contest with a cor
poration or a rich opponent The necessity
for the reform exists both IN United States
courts and In ali state courts. In order TO
bring Il about, however, II naturally falls
70 the general government by its example
TO furnish a model 20 all states A legis-
lativo commission appointed by Joint reso-
luton 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 pro-
oedure which are TO obtain In the federal
courts OF first instance. In view OF the
heavy burden Of pressing Mitigation which
that court has had TO carry. with one or
two Of It's members incapaciRted through IN
health II has not been able to take up
problems Of Improving the equity procedure.
which has practically remained the same
since the organization OF the court in l7yg
II Is reasonable to expect that with ali the
vacancies upon the court filled, Il viii take
Up the question OF oheapening and simple
lying 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 ex-
pensive l am strongly convinced that the
best method OF improving judicial proceed
ore At law Is to empower the supreme
court to do Il through the medium OF the
rules OF the court. as in equity This "a
the way In which It has been done In Eng
land and thoroughly done. The simplicity
snd expedition OF procedure in the Enslish
courts today make a model for the reform
Of other systems
Several Of the lord ehanceliors OF Enriand
ana OF the chief justices have left ,hs,r
lasting imprcss upon the history OF tbet,
country by their constructive ability an
proposing and securing the passage o.
remedial legislation effec..ng law reform
can not conceive any higher duty that the
supreme court could perform than n, lead
lng the way 10 a simplifcatuu of,proee6uIs
in the United States courts.
Relief from Unneceaznry Appe.I..
No man ought 10 have a. q r,.rt,. . .