OCR Interpretation

Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, December 08, 1909, Image 8

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mlnable la 1912 It already receiving
the study of both countries.
The department of state Is consider
ing the revision In whole or In part of
the existing treaty with Slam, which
was concluded In 1866 and is now, In
respect to many of Its provisions, out
of date.
The Department of 8tate.
I earnestly recommend to the favor
able action of the congress the esti
mates submitted by the department of
state and most especially the legisla
tion suggested in the secretary of
state's letter of this date whereby it
will be possible to develop and make
permanent the reorganization of the
department upon modern lines in a
manner to make it a thoroughly ef
ficient Instrument in the furtherance
of our foreign trade and of American
interests abroad. The plan to have
divisions of Latin American and far
eastern affairs and to Institute a cer
tain specialization in business with
Europe and the near east will at once
commend Itself. These politico-geo
graphical divisions and the detail from
the diplomatic or consular service to
the department of a number of men
who bring to the study of complicated
problems In different parts of the world
practical knowledge recently gained on
the spot clearly la of the greatest ad
vantage to the secretary of state In
foreseeing conditions likely to arise
and in conducting the great variety of
correspondence and negotiation. It
should be remembered that such facil
ities exist in the foreign offices of all
the leading commercial nations and
that to deny them to the secretary of
state would be to place this govern
ment at a great disadvantage in the
rivalry of commercial competition.
Improved Consular 8ervice.
The consular service has been great
ly improved under the law of April 5,
1906, and the executive order of June
27, 1906, and I commend to your con
sideration the question of embodying
in a statute the principles of the pres
ent executive order upon which the
efficiency of oar consular service is
wholly dependent
In modern times political and com
mercial interests are interrelated, and
In the negotiation of commercial trea
ties, conventions and tariff agreements,
the keeping open of opportunities and
the proper support of American enter
prises our diplomatic service is quite
as important as the consular service.to
the business interests of the country.
Impressed with this idea and con
vinced that selection after rigorous ex
amination, promotion for merit solely
and the experience only to be gained
through the continuity of an organized
service are indispensable to a high de
gree of- efficiency in the diplomatic
service, I have signed an executive or
der as the first step toward this very
desirable result. Its effect should be
to place all secretaries in the diplo
matic service In much the same posi
tion as consular officers are now placed
and to tend to the promotion of the'
most efficient to the grade of minister,
generally leaving for outside appoint
ment such posts of the grade of am
bassador or minister as It may be ex
pedient to fill from without the serv
ice. It Is proposed also to continue
the practice instituted last summer of
giving to all newly appointed secre
taries at least one month's thorough
training In the department of state be
fore they proceed to their posts. This
has been done for some time In regard
to the consular service with excellent
Under a provision of the act of Aug.
6,1909.1 nave appointed three officials
to assist the officers of the government
In collecting information necessary to
a wise administration of the tariff act
of Aug. 5, 1909. As to questions of
customs administration they are co
operating wits the officials of the
treasury department and as to matters
of the needs and the exigencies of our
manufacturers and exporters with the
department of commerce and labor in
its relation to the domestic aspect of
the subject of foreign commerce. In
the study of foreign tariff treatment
they will assist the bureau of trade
relations of the department of state.
It is hoped thus to co-ordinate and
bring to bear upon this most important
subject all the agencies of the govern
ment which can contribute anything to
its efficient handling.
As a consequence of section 2 of the
tariff act of Aug. 5,1909, it becomes the
duty of the secretary of state to con
duct as diplomatic business all the
negotiations necessary to place him in
a position to advise me as to whether
or not a particular country unduly dis
criminates against the United States
in the sense of the statute referred to.
The great scope and complexity of this
.work, as well as the obligation to lend
all proper aid to our expanding com
merce, Is met by the expansion of the
bureau of" trade relations as set forth
In the estimates for the department of
Deficit For Current Fiscal Year $73,
075,600—Bond Issue Proposed.
I have thus in some detail described
the important transactions of the state
department since toe beginning of this
administration for the reason that
there is BO provision either by statute
or custom for a formal report by the
secretary of .state to the president or
to congress, and a presidential message
is th»ronly means by which the con
dition of our foreign relations is
brought to the.attention of congress
and the public
In dealing with the affairs of the
other departments, the beads of which
all submit annual reports, I shall touch
only those matters that seem,to me to
call for special mention on my part
without totainriamg la any way the
wc»nimend«ti6ar mad* bf tbesi for
legislation affecting their layetfive
departments. In all of which 1 wish to
express my general concurrence.
Perhaps the most Important ques
tion presented to this administration
Is that of economy In expenditures and
sufficiency of revenue. The deficit of
the last fiscal year and the certain
deficit of the current year prompted
congress to throw a greater responsi
bility on the executive and the secre
tary of the treasury than had hereto
fore beeu declared by statute.' This
declaration imposes upon the secretary
of the treasury the duty of assembling
all the estimates of the executive de
partments, bureaus and offices of the
expenditures necessary in the ensuing
fiscal year and of making an estimate
of the revenues of the government for
the same period, and If a probable def
icit is thus shown it is made the duty
of the president to recommend the
method by which such deficit can be
Estimated Deficit $73,075,600.
The report of the secretary shows
that the ordinary expenditures for the
current fiscal year ending June 30,
1910, will exceed the estimated re
ceipts by $34,075,620. If to this deficit
are added the sum to be disbursed for
the Panama canal, amounting to $38,
000,000, and $1,000,000 to be paid on
the public debt, the deficit of ordinary
receipts and expenditures will be in
creased to a total deficit of $73,075,620.
This deficit the secretary proposes to
meet by the proceeds of bonds issued
to pay the cost of constructing the
Panama canal. I approve this pro
The policy of paying for the con
struction of the Panama canal not
out of current revenue, but by bond
issue, was adopted in the Spooner act
of 1902, and there seems to be no good
reason for departing from the princi
ple by which a part at least of the
burden of the cost of the canal shall
fall upon our posterity, who are to
enjoy it, and there is all the more rea
son for this view because the actual
cost to date of the canal, which is now
half done and which will be completed
Jan. 1, 1915, shows that the cost of
engineering and construction will be
$297,766,000 Instead of $139,705,200, as
originally estimated. In addition to
Engineering and construction, the oth
er expenses, including sanitation and
government and the amount paid for
the properties, the franchise and the
privilege of building the canal, in
crease the cost by $75,435,000 to a
total of $375501,000. The increase In
the cost of engineering and construc
tion is due to a substantial enlarge
ment of the plan of construction by
widening the canal 100 feet in the Ou
lebra cut and by increasing the di
mensions of the locks, to the under
estimate of the quantity of the work
to be done under the original plan and
to an underestimate of the cost of la
bor and material* both of which bate
greatly enhanced III price since the
original estimate was made.
In order to avoid a deficit for the
ensuing fiscal year I directed the
heads of departments in the prepara
tion of their estimates to make them
as low as possible consistent with im
perative governmental necessity. The
result has been, as I am advised by
the secretary of the treasury, that the
estimates of the expenses of the gov*
eminent for the fiscal year ending
June 30, 1911—that is, for the next
fiscal year—are less by $55,663,000
than the total of appropriations for
the current fiscal year and less by
$94,000,000 than the estimates for that
year. So far as the secretary of the
treasury is able to form a judgment as
to future income and compare it with
the expenditure for the next fiscal
year ending June 30, 1911, including
the payments on account of the Pan
ama canal and the public debt, there
will be no deficit in the year ending
June 30, 1911. but a small surplus of
In the present estimates the needs
of the departments and of the gov
ernment have been cut to the quick,
so to speak, and any assumption on
the part of congress, so often made in
times past that the estimates have
been prepared with the expectation
that they may be reduced will result
in seriously hampering proper admin
The secretary of the treasury points
out what should be carefully noted in
respect to this reduction in govern
mental expenses for the next fiscal
year, that the economies are of two
kinds—first, there is a saving in the
permanent administration of the de
partments, bureaus and offices of the
government, and, second, there Is a
present reduction in expenses by a
postponement of projects and Im
provements that ultimately will have
to be carried out but which are now
delayed with the hope that additional
revenue in the future will permit their
execution without producing a deficit.
Working For Economy.
It has been impossible in the prepara
tion of estimates greatly to reduce the
cost of permanent administration.
This cannot be done without a thor
ough reorganization of bureaus, of
fices and departments. For the pur
pose of securing Information which
may enable the executive and the leg
islative branches to unite in a plan for
the permanent reduction of the cost of
governmental administration the treas
ury department has instituted an In
vestigation by one of the most skilled
expert accountants in the United.
States. The result of this work in two
or three bureaus, which, if extended
to the entire government must occupy
two or mote y&ars, has been to show
much room for. improvement and op
portunity for substantial reductions hi
the cost and increased efficiency of ad
ministration. The object of the Inves
tigation Is to devise means to increase
tiie average efficiency of each employee.
There- great room for improvement
toward this endy not only by tie reor
ganization of bureau* anil ^epartoeats
ind In the avoidance of duplication,
but also In the treatment of the Indi
vidual employee.
Under the present system it constant
ly happens that two employees receive
the same salary when the work of one
Is far more difficult and Important and
exacting than that of the other. Su
perior ability Is not rewarded or en
couraged. As the classification Is now
entirely by salary, an employee often
rises to the highest class while doing
the easiest work, for which alone be
may be fitted. An investigation order
ed by my predecessor resulted in the
recommendation that the civil service
be reclassified according to the kind of
work, so that the work requiring most
application and knowledge and ability
shall receive most compensation. I be
lieve such a change would be fairer to
the whole force and would permanent
ly Improve the personnel of the serv
More than this, every reform direct
ed toward the improvement in the av
erage efficiency of government em
ployees must depend on the ability of
the executive to eliminate from the
government service those who are In
efficient from any cause, and as the
degree of efficiency in all the depart
ments is much lessened by the reten
tion of old employees who have out
lived their energy and usefulness It
is indispensable to any proper system
of economy that provision be made so
that their separatlon/from the service
shall be easy and Inevitable. It is im
possible to make such provision unless
there is adopted a plan of civil pen
Most of the great industrial organ
isations and many of the well con
ducted railways of this country are
coming to the conclusion that a sys
tem of pensions for old employees and
the substitution, therefor of younger
and more energetic servants promote
both economy and efficiency of admin
I am aware that there is a strong
feeling in both bouses of congress and
possibly in the country against the
establishment of civil pensions and
that this has naturally grown out of
the heavy burden, of military pensions
which it has always been the policy
of our government to assume, but 1 am
strongly convinced that no other prac
tical solution of the difficulties pre
sented by the superannuation of civil
servants can be found than that of a
system of civil pensions.
Increase In Expenditures.
The business and expenditures of the
government have expanded enormous
ly since the Spanish war, but as the
revenues have increased in nearly the
same proportion as the expenditures
until recently the attention of the pub
lic and of those responsible for the
government has not been fastened
upon the question of reducing the cost
of administration. We cannot in view
of the advancing prices of living, hope
to save money by a reduction in the
standard of salaries paid. Indeed, if
any change is made in that regard an
increase rather than a decrease will be
necessary, and the only means of econ
omy will be in reducing the number of
employees and in obtaining a greater
average of efficiency from those re
tained in tbe service.
Close investigation and study needed
to make, definite recommendations in
this regard will consume at least two
years. I note with much satisfaction
tbe organization in the senate of a
committee on public expenditures,
charged with the duty of conducting
such an investigation, and 1 tender to
that committee all the assistance which
tbe executive branch ef the govern
ment can possibly render.
Further Revision to Wait on New
Tariff Board's Recommendations.
1 regret to refer to the fact of tbe
discovery of extensive frauds in the
collection of the customs revenue at
New York city, In which a number of
the subordinate employees in the weigh
ing and other departments were direct
ly concerned and in which the benefi
ciaries were the American Sugar Re
fining company and others. The frauds
consisted in tbe payment of duty on
underweights of sugar. The govern
ment has recovered from the American
Sugar Refining company all that It is
shown to have been defrauded of. Tbe
sum was received in full of the amount
due which might have been recovered
by civil action against tbe beneficiary
of the fraud, but there was an express
reservation in tbe contract of settle
ment by which the settlement should
not interfere with or prevent the
criminal prosecution of every one who
was found to be subject to tbe same.
Criminal prosecutions are now pro
ceeding against a number of the gov
ernment officers. The treasury de
partment and the department of jus
tice are exerting every effort to dis
cover all the wrongdoers, including the
officers and employees of the compa
nies who may have been privy to the
fraud. It would seem to me that an
Investigation of the frauds by con
gress at present pending the probing
by the treasury department and the
department of justice, as proposed,
might by giving immunity and other
wise prove an embarrassment in se
curing conviction of the guilty parties.
Two features of the new tariff act
tall for special reference." By virtue
Of tbe clause known as the "maximum
and inihimain" clause it is the duty of
the executive, to consider the laws and
practices of other countries with ref
erence to the importation Into those
countries of the products and mer
chandise of the United States, and if
the ejtecuttvfrfindssuch faws and prac
tices not t»]te unduly discriminatory
against the United Stales 'the minl
«um duties provided in the toll are to
go Into force. Untos the president
t', .''.••"• ''-. -v'v.:, '".'" •.,,.',
.-u.~..r...«.*W««Jw*il«i*ifflftlilM •wia*toyi&amti
makes such a finding, then tbe maxi
mum duties provided In tbe bill-that
Is, an Increase of 26 per cent ad va
lorem over the minimum duties—are to
be In force. Fear has been expressed
that this power conferred and duty
Imposed on the executive are likely to
lead to a tariff war. 1 beg to express
the hope and belief that no such result
need be anticipated.
Tbe discretion granted to the execu
tive by the terms "unduly discrimina
tory" Is wide. In order that the maxi
mum duty shall be charged against tbe
Imports from a country It Is necessary
that he shall find on the part of that'
country not only discriminations In Its
laws or tbe practice under them
against tbe trade of tbe United States,
but that the discriminations found
shall be undue—that is. without good
and fair reason. I conceive that this
power was reposed in tbe president
with tbe hope that tbe maximum du
ties might never be applied In any
case, but that the power to apply them
would enable tbe president and the
state department through friendly
negotiation to secure tbe elimination
from the laws and the practice under
them of any foreign country of that
which is unduly discriminatory. No
one is seeking a tariff war or a con
dition In wbicb tbe spirit of retaliation
shall be aroused.
Uses of the New Tariff Board.
The new tariff law enables me to ap
point a tariff board to assist me in con
nection with the department of state in
the administration of the minimum and
maximum clause of the act and also to
assist officers of the government In the
administration of the entire law. An
examination of the law and an under
standing of the nature of the facts
which should be considered In dis
charging the functions imposed upon
tbe executive show that I have the
power to direct the tariff board to
make a comprehensive glossary and
encyclopedia of the terms used and ar
ticles embraced in the tariff law and to
secure information as to the cost of
production of such goods in this coun
try and the cost of their production in
foreign countries. I have therefore
appointed a tariff board consisting of
three members and1 have directed them
to perform all the duties above de^
scribed. This work will perhaps take
two or three years, and I ask from
congress a continuing annual appro
priation equal to that already made
for Its prosecution. 1 believe that the
work of this board will be of prime
utility and Importance whenever con
gress shall deem it wise again to read
just the customs duties, if tbe facts
secured by tbe tariff board are of such
a character as to show generally that
the rates of duties imposed by tbe pres
ent tariff law are excessive under the
principles 6f protection as described In
the platform of the successful party at
the late election 1 shall not hesitate to
Invite-tbe attention of congress to this
fact and to the necessity for action
predicated thereon. Nothing, however,
halts business and Interferes with tbe
course of prosperity so much as tbe
threatened revision of tbe tariff, and
until the facts are at band, after care
ful and deliberate Investigation, upon
which such revision can properly be
undertaken, it seems to me unwise to
attempt it The amount of misinfor
mation that creeps Into arguments pro
and con in respect to tariff rates Is
such as to require the kind of investi
gation that I have directed tbe tariff
board to make, an Investigation under
taken by It wholly without respect to
the effect which the facts may have in
calling for a readjustment of the rates
of duty.
War Department.
In tbe interest of Immediate econ
omy and because of the prospect of a
deficit 1 bave required a reduction in
the estimates of tbe war department
for the coming fiscal year which
brings the total estimates down to an
amount forty-five millions less than
the corresponding estimates for last
year. This could be accomplished only
by cutting off new projects and sus
pending for tbe period of one year all
progress In military matters. For the
same reason 1 bave directed that the
army shall not be recruited up to its
present authorized strength. These
measures can hardly be more than
temporary—to last until our revenues
are In better condition and until the
whole question of the expediency of
adopting a definite military policy can
be submitted to congress—for I am
sure that the interests of tbe military
establishment are seriously in need of
careful consideration by congress. The
laws regulating the organization of our
armed forces in the event of war need
to be revised in order that tbe organi
zation can be modified so as to produce
a force which would be more consist
ently apportioned throughout its nu
merous branches. To explain tbe cir
cumstances upon which this opinion is
based would necessitate a lengthy dis
cussion, and I postpone it until the
first convenient opportunity shall arise
to send to congress a special message
upon this subject
The secretary of war calls attention
to a number of needed changes in the
army, in all of which 1 concur, but the
point upon which 1 place most em
phasis is the need for an elimination
bill providing a method by which the
merits(of officers shall have some-ef
feet upon their advancement and by
which the advancement of all may be
accelerated by the effective elimination
of a definite proportion of the least effl-'
cient. There are in every army and
certainly In ours a number of officers
who do hot violate their' duty In any
such way as to give reasob for a court
martial Or dismissal, but who do not
show such aptitude and skill and char
acter for high command as to justify
their remaining In the active service
to be'promoted. Provision should be
made by which they may be retired on
a certain proportion of their pay. in-,
creasing with their length of service at
the"tinWbf retirement There Is now
a personnel law for the W
elf needs amendment and to which I
shall make further reference. Such^a
law la needed quite as much for the
Coast Defenses.
The coast defenses of the United
States proper are generally all that
could be desired, and in some respects
they are rather more elaborate than
under present conditions are needed
to stop an enemy's fleet from entering
tbe harbors defended. There is, how
ever, one place where additional de
fense is badly needed, and that Is at
the mouth of Chesapeake bay, where
it is proposed to make an artificial is
land for a fort which shall prevent an
enemy's fleet from entering this most
important strategical base of opera
tions on the whole Atlantic and gulf
coasts. I hope that appropriate legis
lation will be adopted to secure the
construction of this defense.
The military and naval Joint board
have unanimously agreed that it would
be unwise to make the large expendi
tures which at one time were contem
plated in the establishment of a naval
base and station in the Philippine Is
lands and bave expressed their judg
ment, in which 1 fully concur, in fa
vor of making an extensive naval base
at Pearl Harbor, near Honolulu, and
not in the Philippines. This does not
dispense with the necessity for tbe
comparatively small appropriations re
quired to finish the proper coast de
fenses in the Philippines now under
construction on the island of Corregl
dor and elsewhere or to complete a
suitable repair station and coaling sup
ply station at Olongapo, which Is the
floating dock Dewey. I hope that
this recommendation of tbe joint board
will end the discussion as to tbe com
parative merits of Manila bay and
Olongapo as naval stations and will
lead to prompt measures for tbe proper
equipment and defense of Pearl Har
The Navy.
The return of tbe battleship fleet
from Its voyage around tbe world in
more efficient condition than when it
started was a noteworthy event of in
terest alike to our citizens and the
naval authorities of the world. Be
sides the beneficial and farreachlng ef
fect on our personal and diplomatic re
lations in the countries which the fleet
vised, the marked success of tbe ships
in steaming around the world in all
weathers on schedule time has in
creased respect for our navy and has
added to our national prestige.
Our enlisted personnel recruited from
all sections of, the country is young
and energetic and representative of
the national spirit It is, moreover,
owing to its intelligence, capable of
quick training into the modern man
of-war's men. Our officers are earnest
and zealous hi their profession, but it
is a regrettable fact that the higher
officers are old for the responsibilities
of the modern navy, and the admirals
do not arrive at flag rank young
enough to obtain adequate training in
their duties as flag officers. This need
for reform, in the,navy has been ably
and earnestly presented to congress by
my predecessor, and 1 also urgently
recommend the subject for considera
Early in the coming session a com
prehensive, plan for the reorganiza
tion of the officers of all corps of the
navy will be presented to congress,
and 1 hope it will meet with action
suited to its. urgency.
.' Owing, to the necessity for economy
in expenditures, 1 bave directed the
curtailment of recommendations for
naval appropriations so that they are
thirty-eight millions less than tbe cor
responding estimates of last year, and
the request for new naval construction
is limited to two first class battleships
and one repair, vessel.
The use of a navy Is for military
purposes, and there has been found
need lib the department of a military
branch dealing directly with the mili
tary use of the fleet The secretary
of the navy has also felt the lack of
responsible advisers to aid him in
reaching conclusions and deciding im
portant matters between co-ordinate
branches of the department To se
cure these results be has Inaugurated
a tentative plan involving certain
changes In the organization of tbe
navy, department including the navy
yards, all of which have been found
by the attorney general to be In ac
cordance with law. I have approved
the execution of the plan proposed be
cause of the greater efficiency and
economy it promises.
The generosity of congress has pro
vided in the present naval observatory
the most magnificent and expensive as
tronomical establishment In the world.
It is being used for certain naval pur
poses which might easily and adequate
ly be subserved by a small division
connected with the navy department
at only a fraction of tbe cost of the
present naval observatory. The of
ficial board of visitors established by
congress and appointed in 1901 ex
pressed its conclusion that the official
head of the observatory should be an
eminent astronomer appointed by the
president by and with the advice and
consent of tbe- senate, holding bis
place, by a tenure at least as perma
nent as that of the superintendent of
the coast survey or the head of the
geological survey and not merely by
a detail of two of three years' dura
tion. I fully concur In this judgment
and urge a provision by law for the
appointment, of such a director.
It may not be necessary to take the
observatory out of the navy depart
ment and put it into another depart
ment in which opportunity' for sci
entific research afforded by the ob
servatory would seem to be more ap
propriate, though I believe sucb a
transfer in the long run'is the best
policy. I am sure, however. 1 express
tiie desire of the astronomers and those
learned in the kindred sciences when
I targe upon congress that the naval
observatory beajw
ence under coqrail
ence who can, J||l
the service to the"
the dkv
which this
and still furnish to
coveries In asjtrpa
tronomer using Weh
likely to make.
Department o* $
bat a|great as
plant would be
The deplorable ieiayV In the admin
istration of civil and criminal law bave
received tbe attention of committees of
the American Bar association and of
many state bar associations, as well as
the considered thought of judges and
jurists. In my Judgment a change In
judicial procedure, with a view to re
duclng Its expense to private litigants
in civil cases and facilitating the dis
patch of business and final decision in
both civil and criminal cases, consti
tutes the greatest need in our Ameri
can Institutions. 1 do not doubt for
one moment that much of the lawless
violence and cruelty exhibited in lyncti
lngs are directly due to the uncertain
ties and Injustice growing ont of the
delays in trials, Judgments and the exe
cutions thereof by our courts. Of
course these remarks apply quite ad
well to the administration of justice in
state courts as to that in federal
courts, and without making invidious
distinction It is perhaps not too much
to say that, speaking generally, the de
fects are less In the federal courts
than In tbe state courts. But tbey are
very great in the federal courts. The
expedition with which business is dis
posed of both ou the civil and the
criminal side of English courts under
modern rules of procedure makes the
delays in our courts seem archaic and
barbarous. The procedure in the fed
eral courts should furnish an example
for tbe state courts.
1 presume It Is Impossible without
an amendment to the constitution to
unite under one form of action the
proceedings at common law and pro
ceedings in equity in the federal
courts, but it is certainly not impos
sible by a statute to simplify and make
short and direct the' procedure both at
law and in equity in those courts. It
is not impossible to cut down still
more than it is cat down the jurisdic
tion of the supreme court so as to con
fine it almost wholly to statutory and
constitutional questions. Under tbe
present statutes the,/equity and ad
miralty procedure in the federal courts
is under the control of the supreme'
court, but in the pressure of business),
to which the court is subjected it Is
impossible to hope that a radical and
proper reform of the federal equity
procedure can be ,brought about I"
therefore recommend legislation pro
viding for the appointment by the
president of a cotnmlssjon with author
ity to examine, the law and equity
procedure of toe federal courts of first
Instance, the law of. appeals from
those courts to the courts of appeals
and to the supreme court and the costs
imposed in sucb procedure upon the
private litigants and upon the public
treasury and make recommendation
with a view to simplifying and ex
peditlng the procedure as far as pos
slble and making it as inexpensive as :x%
may be to tbe litigant of little means.'
legislation Urged Against Injunc
tions Without Previous Notice.
The platform of the successful party
in tbe last election contained the "fol
"Tbe Republican party will uphold
at all times tbe authority and integrity
of tbe courts, state and federal, and
will ever Insist that their powers to ,,
enforce their process and to protect
life, liberty and property shall be pre-'.'•",
served Inviolate. We believe, however,
that tbe rules of procedure in the!
federal courts with respect to the is
suance of the writ of injunction should
be more accurately defined by statute
and that no injunction or temporary
restraining order should be Issued
without notice, except where Irrepara- 7'
ble Injury would result from delay, in
Which case a speedy bearing there
after should be granted." ..
I recommend that in compliance with 'x
the promise thus made appropriate leg
lslatlon be adopted. The ends of jus- ,,'
tice will best be met and the chief
cause of complaint against ill consid
ered injunctions without notice will be
removed by the enactment of a statute
forbidding hereafter tbe issuing of any
injunction or restraining order, Wbeth
er temporary or permanent, by any
federal court without previous notice
and a reasonable opportunity to be
beard on behalf of tbe parties to be
enjoined unless it shall appear to the
satisfaction of tbe court that tbe delay
necessary to give such notice and 'hear
lng would result lu Irreparable injury f'
to tbe complainant aud unless also tbe
court shall from' the evideuce make a *,'
writtenfinding,which shall be spread f**
upon tbe court minutes, that immV
diate and irreparable injury is likely'"'&
to ensue to tbe complainant and shall -b
define the Injury, Btate why It Is ir
reparable and shall also Indorse on the $:
order issued the date and the hour*
of the issuance of the order. More^
over, every" such Injunction or "re*'.-•#£
straining order issued without prevt- f?
ous notice and opportunity by the de-"'*
fendant to be beard should by forced-'• $:
of tbe statute expire and be of no et« |f
feet after seven days from the issu- '-h:.
ance thereof or within any time teff*^
than that period which the court may
fix unless within such seven days or
sucb less period tbe injunction or
order is extended or renewed after
previous notice and opportunity to be
a p± .'. .Vi. '.*../,-. :.,••• £,
My judgment la that the i^seage of
such so act which really, embodies* .#
the best practice Inequity and 1»very- fir
like the rule now hi force some*'*i
eoprts, will prevint the Issuing of ilk
v? -r'J.^'

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