The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1913-01-01
REFORM Of FEDERAL
COURT RULE DRASTIC
Supreme Court Has Taken Leadership
He Tells Members of Oklahoma
Bar Association.

Oklahoma City, Dec. S1.-Frank B.
Kellogg of st. Paul, president of the
American Bar Association, who was
the principal speaker before the Okla
homa Bar Association, which began
its annual meeting today, eulogized
the supreme court of the United
States for PRONUNCIATION of new rules
which go into effect February 1, mark
ing reforms in procedure and eliminat-
ing delays. The rules also furnish
an expeditions aud comparatively in
expensive system of equal procedure,
whereby men of moderate means can
take care through the federal court
without bankrupting themselves. Mr..
Kellogg said in part:
"The people generally do not know
that the supreme ourt of the United
States, which s by certain classes of
political orators charged with being
the last entrenchmeut of vested in
terests,' has in advance of congress,
in advance Of most OF the legislatures
Of the various stGtes, instituted a
sweeping reform in federal procedure
which should be q model for the legis-
latures of the various states in re-
forming the practice within the state
jurfsdicticn,
'ln my jffiudgment these rules are
the most radical, advanced step in
the reform OF procedure ever taken by
any body, either legislative or judi
cial.
Importance Not Realized.
Had this reform. of federal pro-
cedure been enacted by congress it
would have been hailed through the
lenth and breadth of this land as q
great achievement Of a dominant po-
litical party, and orators would have
expended these principles from the
stump. I am sorry to say that this
great work of the Supreme court has
received but brief and passing notice
in the journals ss the country and the
people generally have little knowledge
Of what has been done.
"There is also an important rule
regulating the issuance Of preliminary
injunctions. There has been much
said in the newspapers about the
abuse of the power of the injunction
by the 'federdl courts, much said that
is without foundation. An eXamina-
tion which | made before the passage
Of tthe act of congress referred to
satisfied me that the cases where such
abuses had taken place were few but
that undoubtedly such abuses did take
place and should be and will be rem.
edied by this rule. The American Bar
Association, realizing the benefits of
such reform, has instituted a move
ment which President TAFT has rec
commended to congress, that congress
authorize the supreme court to pro
vide by eales for forms and procedure
in actions at law as well as in equity
and | believe If congress will confer
upon the supreme court such power
with reference to actions at law that
the court will insE4ute many reforms
which the pressure of business upon
congress prevents it from doing
constitutionaffty of Laws.
The question of the authority of the
supreme court TO declare laws un-
Constitutional was' discussed at con-
siderable length The claim made that
the constitution confers no such power
upon the court was declared by Mr.
kellogg to be wholly without founda-
ton
ut is said that congress should be
the judge of what laws should be
passed as well as of the constitution
.ality thereof" he continued.
"Of course this means the abolition
OF all constitutional restrictions What
is the necessity of a bill of rights
which declares among other things
that no person shall be deprived of
life, liberty or property without due
process of law, or that private prop.