The Birmingham age-herald., 1912-12-07
Reform off Court Procedure

1 economic force to secure reasonableness l in prices and freedom and independence 1 in trade.
 Reform of Court Procedure
 i I am glad to bring to the attention of
 Congress the fact that the supreme court
 has radically altered the equity rules gov
 erning the procedure on the equity side
 of all federal courts, and though, as
 these changes have not been yet put in
 practice so as to enable us to state from actual results what the reform will ac- eomplish they are of such a character
 that we can reasonably prophecy that l they will greatly reduce the time and
 cost of litigation in such courts. The court has adopted many of the shorter
 methods of the present English procedure.
 and while it may take a little while for
 the profession to accustom itself to these
 methods, it is certain greatly to facilitate 1 litigation. The action of the supreme l court has been so drastic and so full of 1 appreciation of the necessity for a great
 reform in court procedure that I have no hesitation in following up this action with
 a recommendation which foreshadowed
 in my message of three years ago, that
 the sections of the statute governing the | procedure in the federal courts on the common law side should be so amended
 as to give to the supreme court the same l right to make rules of procedure in com mon law as they have. since the begin
 ming of the court, exercised in equity. l l do not doubt that full consideration
 of the subject will enable the court while
 giving effect to the substantial differences 1 In right and remedy between the system
 of common law and the system of equity
 SO to unite the two procedures into the | form of one civil action and to shorten | the procedure in such civil action as to
 furnish model to all the state courts ex-
 ercising concurrent Jurisdiction with the federal courts of first instance.
 Under the statute now in force the com
 mon law procedure in each federal court
 is made to conform to the procedure in the state in which the court is held In
 these days. when we should be making
 progress in court procedure such con | formity statute makes the federal method | too dependent upon the action of state l legislatures. I can but think it great l oportunity for Congress to intrust to the highest tribunal in this country, evidently I imbued with strong spirit in favor of
 reform of procedure, the power to frame
 model code of procedure, which, while | preserving all that is valuable and nec-
 essary of the rights and remedies at com
 mon law and in equity, shall lessen the | burden of the poor litigant to a minimum l Tn the expedition and cheapness with which his cause can be fought or defended | through federal courts to final judgment WOrkmen's Compensation Act | The workman's compensation act re- | ported by the special commission ap- | pointed by Congress and the executive. which passed the Senate and is now pend
 Ing In the House, the passage of which I
 have in previous messages urged upon
 Congress I venture again to call to it's at 1 tention. The opposition to it which devel- oped in the Senate, but which was over come by majority in that body, seemed to me to grow out rather of a misappre-
 hension of it's effect than of opposition to
 its principle. I say again that I think no | act can have better effect directly upon the relations between the employer and | employe than this act applying to rail-
 roads and common carriers of an inter-
 state character, and I am sure that the passage of the act would greatly relieve the courts of the heaviest burden of litiga- ton that they have. and would enable them to dispatch other business with a speed never before attained in courts of
 justice of this country.
 WILLIAM H. TAFT The White House, December 6, 1912.