Evening journal., 1912-12-06

peoO ueSuoyers ana submarine DoatN
In q proper proportion We have no
desire FOR war We would go ms far rs
any nation in the world TO avoid war,
but we are a world power
Department Of Justlos.
\ This department has been very &C
tive in the enforcement OF the law. II
has been better organized and with
larger force than ever before in the
history OF the government The prose-
cutions which have been successfully
concluded and which are now pending
testify TO the effectiveness OF the de-
partmental work.
The prosecution OF trusts under the
Sherman antitrust law has gone on
I without restraint or diminution. and
DEGREES similar TO those entered in the
Standard on and the tobacco cases
/ have been entered In other suits. like
the suits against the powder trust and
the bathtub trust. am very strongly
convinced that a steady, consistent
course In this regard, with a continu-
ing Of supreme court decisions upon
new phases OF the trust question not
already finally decided, Is going 20 Of
fer a solution Of this much discussed
and troublesome issue IN a quiet, calm
and judicial way without any radical
legislation changing the governmental
policy I'm regard 20 combinations now
denounced by the sherman antitrust
law.
h,v. ,troadv rcrounrnondod a. an
aid I'm this matter legislation which
would declare unlawful certain well
known phases OF unfair competition
In interstate trade and have also
advocated voluntary national incor-
porauon for the larger industrial en-
terprises. with provision for a closer
supervision by the bureau OF corpora
tons or board appointed for the pur-
pose. so as 10 make more certain COM
pllance with the antitrust law on the
one hand and TO give greater security
TO the stockholders against possible
prosecutions on the other.
believe. however. that the orderly
course OF litigation In the courts and
the regular prosecution OF trusts charg
ed with the violation OF the antitrust
law is producing among business mer
a clearer and clearer perception OF tbs
line OF distinction between business
that IL to be encouraged and bushes
that Is 70 be condemned. and that II
this quiet way the question OF trust
, can be settled aud competition retain
, ed as an economic force to secure req
, condolences in prices and freedom an
q Independence IN trade.
D Reform Of Court Procedure.
= ! am glad to bring TO the attentio
OF congress the fact that the suprem
court has radically altered the equit
rules governing the procedure on IN
equity side OF all federal courts, an
though as these changes have not bee
yet put In practice 30 as 10 enable q
TO state from actual results what tn
reform will accomplish. they are o
such character that we can reason
ably prophesy that they will great
reduce the time and cost OF htigatio
in such courts. The court has adopte
many OF the shorter methods Of th
! present English procedure. and. Will
Il may take a little while for the PR
J fession 20 accushom itself to thea
methods. It is certain greatly 20 fncil
tate litigation. The action Of the 81
preme court has been so drastic and =
{ full OF appreciation Of the necessity 70
a great reform in court procedure tha
have no hesitation In following u
this action with a recommendatio
which l foreshadOwed In my messaa
OF three years ago, that the sections Q
< the statute governing the procedure
3 the federal courts ON the common la'
; side should he so amended as 10 Civ
t to the supreme court the same hight
make rules OF procedure I'm commo
$ law as they have since the beginnin
= OF the court exercised IN equity.
$ do not doubt that full consider;
r ton OF the subject will enable th
Q court while giving effect to the sui
dy between the system Of commo
$ law and the system OF equity so
C unite the two procedures into the forI
e OF one civil action and TO shorten III
l. procedure I'm such civil action as
, furnish a model TO all the state couri
4 exercising concurrent Jurisdiction wit
Il the federal courts OF first instance.
IT Under the statute now In force II
5. common law procedure In each federi
e court is made to conform TO the pr
e cedure in the state In which the cou
e is held. In these days, when "
should be making progress I'm cou
y procedure. such a conformity statu'
D. makes the federal method too depen'
C. ent upon the action OF state legisl
le lures. can but think II a great o
e. portunity for congress to intrust
le the highest tribunal In this countr
d evidently imbued with a strong spir
70 in favor OF a reform OF procedure, Il
n power to frame a model code OF pr
10 cedure, which. while preserving
4 that is valuable and necessary OF Il
ir rights and remedies at common la
10 and in equity, shall lessen the burd'
IL OF the poor litigant TO a minimum
The expedition and cheapness wi
as which bis cause can be fought or d
" Tended through federal courts TO I'm
re Judgment
10 Workman's Compensation Act
re I say again that ! think no act CT
n have a better effect directly upon {
re relations between the employer al
a employee than this act applying
nd railroads and common carriers Of
n interstate character, and am su
he that the passage OF the act won