Decatur Daily Democrat, Volume 7, Number 290, Decatur, Adams County, 7 December 1909 — Page 6

MESSAGE OF THE PRESIDENT (Continued from Page 3.) Early In the coming session a comprehensive plan for the reorganization of the officers of all corps of the navy will be presented to congress, and I hcpe it will meet with action suited to its urgency. Owing to the necessity for economy In expenditures, 1 have directed tbe curtailment of recommendations for naval appropriations so that they are thirty-eight millions less than the corresponding 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 In the department of a milltaty branch dealing directly with the military use of the fleet. Tbe secretary of the navy has also felt tbe lack of responsible advisers to aid him in reaching conclusions and deciding important matters between co-ordinate branches of the department. To secure these results he has Inaugurated a tentative plan Involving certain changes In the organization of the navy department, including the navy yards, all of which have been found by the attorney general to be in accordance with law. I have approved the execution of the plan proposed because of the greater efficiency and economy It promises. The generosity of congress has provided in the present naval observatory the most magnificent and expensive astronomical establishment in the world. It Is being used for certain naval purposes which might easily and adequately be subserved by a small division connected with the navy department at only a fraction of the cost of the present naval observatory. The official board of visitors established by congress and appointed In 1901 expressed 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 the senate, holding his place by a tenure at least as permanent as that of tbe superintendent of the coast survey or tbe head of the geological survey and not merely by a detail of two or three years’ duration. 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 department and put it Into another department In which opportunity for scientific research afforded by the observatory would seem to be more appropriate, though 1 believe such a transfer in the long run Is the best policy. I am sure, however, I express the desire of the astronomers and those learned in the kindred sciences when I urge upon congress that the naval observatory be now dedicated to sci ence under control of a man of science who can, if need be, render all the service to the navy department which this olkMTvatory now renders and still ftiriii.-'b to the world iho discoveries in astronomy that a great astronomer using such a plant would be likely to make.

Department of Justice —Expedition In Legai Procedure. The deplorable delays ia the administration of civil and criminal law have received the attention ot 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 reducing its expense to private litigants in civil cases and facilitating the dispatch of business aud final decision in both civil and criminal cases, constitutes the greatest need in our American institutions. I do not doubt for one moment that much of the lawless violence and cruelty exhibited in lynchings are directly due to the uncertainties and injustice growing out of the delays in trials, judgments and the executions thereof by our courts. Os course these remarks apply quite as 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 defects are less in the federal courts than in the state courts. But they are very great in the federal courts. The expedition with which business is disposed of both on 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 federal courts should furnish an example for the state courts. I presume It is impossible without an amendment io the constitution to unite under one form of action the proceedings at common law and proceedings in equity in the federal courts, but it Is certainly not impossible 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 cut down the jurisdiction of the supreme court so as to confine It almost wholly to statutory and constitutional questions. Under the present statutes the equity and admiralty 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. 1 therefore reommend legislation providing for the appointment by the president of a commission with author- j ity to examine the law and equity ; procedure of the federal courts of first j Instance, the law of appeals from I

those courts to the courts of appeals and to the supreme court and the costs Imposed In such procedure upon tbe private litigants and upon the public treasury and make recommendation with a view to simplifying and expediting the procedure as far as possible mid making It as inexpensive as may be to the litigant of little means. REFORMS FOR THE COURTS. Legislation Urged Against Injunctions Without Previous Notice. The platform of the successful party In tbe last election contained the following: "The Republican party will uphold at all times tbe authority and integrity of the courts, state and federal, and will ever Insist that their powers to enforce their process and to protect life, liberty and property shall be preserved Inviolate. We believe, however, that the rules of procedure in the federal courts with respect to tbe Issuance 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 Irreparable injury would result from delay, in which case a speedy bearing thereafter should be granted.” I recommend that in compliance with the promise thus made appropriate legislation be adopted. The ends of justice will best be met and tbe chief cause of complaint against 111 considered injunctions without notice will be removed by tbe enactment of a statute forbidding hereafter the issuing of any Injunction or restraining order, whether temporary or permanent, by any federal court without previous notice and a reasonable opportunity to be heard on behalf of the parties to be enjoined unless it shall appear to the satisfaction of the court that tbe delay necessary to give such notice and bearing would result in irreparable injury to the complainant and unless also tbe court shall from tbe evidence make a written finding, which shall be spread upon the court minutes, that immediate and irreparable injury is likely to ensue to the complainant and shall define the injury, state why it is irreparable and shall a’lso indorse on the order issued the date and the hour of the issuance of the order. Moreover. every such injunction or restraining order issued without previous notice and opportunity by tbe defendant to be beard should by force of the statute expire and be of no effect after seven days from the issuance thereof or within any time less than that period which the court may fix unless within such seven days or such less period the injunction or order is extended or renewed after previous notice and opportunity to be heard. My judgment is that the passage of such an act, which really embodies the best practice in equity and is very like the rule now in force in some courts, will prevent the issuing of ill advised orders of injunction without notice and will render such orders when Issued much less objectionable by the short time in which they may remain effective. Anti-trust and Interstate Commerce Laws.

Tbe jurisdiction of the general government over interstate commerce has led to the passage of tho so called "Sherman anti-trust law” and the “Interstate commerce law” and its amendments. The developments in the operation of those laws, as shown by indictments, trials, judicial decisions and other sources of Information, call for a discussion and some suggestions as to amendments. These I prefer to embody in a special message instead of including them in the present communication, and I shall avail myself of the first convenient opportunity to bring these subjects to the attention of congress. Jail of ths District of Columbia. My predecessor transmitted to the congress a special message on Jan. 11, 1909. accompanying the report of commissioners theretofore appointed to investigate the jail, workhouse, etc., in the District of Columbia, in which he directed attention to the report as setting forth vividly “the really outrageous conditions In the workhouse and jail." The congress has taken action in pursuance of the recommendations of that report and of the president to the extent of appropriating funds and enacting the necessary legislation for the establishment of a workhouse and reformatory. No action, however, has been taken by the congress with respect to the jail, the conditions of which are still antiquated and insanitary. I earnestly recommend the passage of a sufficient appropriation to enable a thorough remodeling of that Institution to be made without delay. It is a reproach to the national government that almost under the shadow of the capital dome prisoners should be confined in a building destitute of the ; ordinarily decent appliances requisite I to cleanliness and sanitary conditions.

SECOND CLASS MAIL MAHER. il Suggested Th-.t Magazines and Periodicals Pay More Postage. The deficit every year in the postoffice department is largely caused by the low rate of postage of 1 cent a pound charged on second class mall matter, which includes not only newspapers, but magazines and miscellaneous periodicals. The actual loss growing out of the transmission of this second class mail matter at 1 cent a pound amounts to about $63,000,000 a year. The average cost of the transportation of this matter is more than I) cents a pound, i

It appears that the average distance over which newspapers are delivered to their customers Is 291 miles, while tbe average haul of magazines is 1,049 and of miscellaneous periodicals 1,128 miles. Thus the average haul of the magazine is three and one-half times and that of the miscellaneous periodical nearly four times the haul of the dally newspaper, yet all of them pay the same postage rate of 1 cent a pound. The statistics of 1907 show that second class mall matter constituted 03.91 per cent of the weight of all the mail and yielded only 5.19 per cent of the revenue. The figures given are startling and show tbe payment by the government of an enormous subsidy to the newspapers, magazines and periodicals, and congress may well consider whether radical steps should not be taken to reduce tbe deficit in the postoffice department caused by this discrepancy between the actual cost of transportation and the compensation exacted therefor. A great saving might be made, amounting to much more than half of the loss, by imposing upon magazines and periodicals a higher rate of postage. They are much heavier than newspapers and contain a much higher proportion of advertising to reading matter, and the average distance of their transportation is three and a half times as great. Tbe total deficit for the last fiscal year in the postatiice department amounted to $17,500,090. The branches of its business which it did at a loss were the second class mail service, in which the loss, as already said, was $63,000,000, and the free rural delivery, in which the loss was $28,000,000. These losses were in part offset by the profits of letter postage and other sources of income. It would seem wise to reduce the loss upon second class mail matter, at least to the extent of preventing a deficit in tbe total operations of the postoffice. I commend the whole subject to congress. not unmindful of the spread of intelligence which a low charge for carrying newspapers and periodicals assists. I very much doubt, however, the wisdom of a policy which constitutes so large a subsidy and requires additional taxation to meet it. Postal Savings Banks. The second subject worthy of mention in the postoffice department is the real necessity and entire practicability of establishing postal savings banks. The successful party at the last election declared in favor of postal savings banks, and, although the proposition finds opponents In many parts of the country, I am convinced that the people desire such banks and am sure that when the banks are furnished they will be productive of the utmost good. The postal savings banks are not constituted for the purpose of creating competition with other banks. The rate of Interest upon deposits to ■which they would be limited would be so small as to prevent their drawing deposits away from other banks. I believe them to be necessary in order to offer a proper inducement to thrift and saving to a great many people of small means who do not now have banking facilities and to whom such a system would offer an opportunity for the accumlation of capital. They will furnish a satisfactory substitute, based on sound principle and actual successful trial in nearly all the countries of the world, for the system of government guaranty of deposits now being adopted in several western states which, with deference to those who advocate it. seems to me to have in it the seeds of demoralization to conservative banking and certain financial disaster. The question of how the money deposited in postal savings banks shall be invested 13 not free from difficulty, but I believe that a satisfactory provision for this purpose was inserted as an amendment to the bill considered by the senate at its last session. It has been proposed to delay the consideration of legislation establishing a postal savings bank until after the report of the monetary commission. This report is likely to be delayed, and properly so, because of the necessity for careful deliberation and close investigation. I do not see why the one should be tied up with the other. It is understood that tbe monetary commission have looked into the systems of banking which now prevail abroad and have found that by a control there exercised in respect to reserves and the rates of exchange by some central authority panics are avoided. It Is not apparent that a system of postal savings banks would in any way interfere with a change to such a system here. Certainly in most of the countries in Europe, where control is thus exercised by a central authority, postal savings banks exist and are not thought to be Inconsistent with a proper financial and banking system.

SHIP SUBSIDY URGED. Needed to Aid In the Expansion of Amer'can Trade. Following the course of my distinguished predecessor. I earnestly rec- | ommend to congress the consideration and passage of a ship subsidy bill looking to the establishment of lines between our Atlantic seaboard and the eastern coast of South America as j well ns lines from the west coast of I the United States to South America, i China, Japan and the Philippines. The profits on foreign mails are perhaps a , sufficient measure of the expenditures ■which might first be tentatively applied to this method of inducing American capital to undertake the establishment of American lines of steamships in those directions in which we now I feel it most important that we should I

have means of transportation controlled in the interest of the expansion of our trade. A bill of this character has once passed the bouse and more than once passed the senate, and I hope that at this session a bill framed on the same lines and with the same purposes mny become a law. Interior Department—New Mexico and Arizona. The successful party In the last election in its national platform declared in favor of the admission as separate states of New Mexico and Arizona, and 1 recommend that legislation appropriate to this end be adopted. I urge, however, that care be exercised in the preparation of the legislation affecting each territory to secure deliberation in tbe selection of persons as members of the convention to draft a constitution for the incoming state, and I earnestly adv Ise that such constitution after adoption by the convention shall be submitted to the people of the territory for their approval at an election In which tbe sole Issue shall be the merits of the proposed constitution, and if the constitution is defeated by popular vote means shall be provided in the enabling act for a new convention and the drafting of a new constitution. I think it vital that the issue as to the merits of the constitution should not be mixed up wl‘h the selection of state officers and that no election of state officers should be had until after the constitution has been fully approved and finally settled upon. Alaska. With respect to the territory of Alaska, I recommend legislation which shall provide for the appointment by the president of a governor and also of an executive council, the members of which shall during their term of office reside in the territory and which shall have legislative powers sufficient to enable It to give to the territory local laws adapted to its present growth. I strongly deprecate legislation looking to the election of a territorial legislature in that vast district. The lack of permanence of residence of a large part of the present population and the small number of the people who either permanently or temporarly reside in the district as compared with its vast expanse and the variety of the interests that have to be subserved make it altogether unfitting, in my judgment, to provide for a popular election of a legislative body. The present system is not adequate and does not furnish the character of local control that ought to be there. The only compromise it seems to me which may give needed local legislation and secure a conservative government Is the one I propose. Conservation of Natural Resources. In*several departments there is presented the necessity for legislation looking to the further conservation of l our national resources, and the subject is one of such Importance as to require a more detailed and extended discussion than can be entered upon in this communication. For that reason I shall take an early opportunity to send a special message to congress on the subject of the improvement of our waterways, upon the reclamation and irrigation of arid, semlarld and swamp lands, upon the preservation of our forests and the reforesting of suitable areas, upon the reclassification of the public domain with a view of separating from agricultural settlement mineral, coal and phosphate lands and sites belonging to tbe government bordering on streams suitable for the utilization of water power. Department of Agriculture. I commend to your careful consideration the report of the secretary of agriculture as showing the Immense sphere of usefulness which that department now fills and the wonderful addition to the wealth of the nation made by the farmers of this country in the crops of the current year. Department of Commerce and Labor. The Lighthouse Board. The lighthouse board now discharges its duties under the department of commerce and labor. For upward of forty years this board has been constituted of military and naval officers and two or three men of science, with such an absence of a duly constituted executive bead that it is marvelous what work has been accomplished. In the period of construction tbe energy and enthusiasm of all the members prevented the inherent defects of the system from interfering greatly with the beneficial work of the board, but now that the work is chiefly confined to maintenance and repair, for which purpose the country is divided into sixteen districts, to which are assigned an engineer officer of tbe army and an inspector of the navy, each with a lighthouse tender and the needed plant for jiis work, it has become apparent by the frequent friction that arises, due to the absence of any central independent authority, that there must be a complete reorganization of the board. I concede tbe advantage of keeping in the system the rigidity of discipline that the presence of naval and military officers in charge insures, but unless the presence of such officers. in the board can be made consistent with a responsible executive head that shall have proper authority I recommend the transfer of control over tbe lighthouses to a suitable civilian bureau. This is in accordance with the judgment of competent persons who are familiar with the workings of the present system. 1 am confident that a reorganization can be effected which shall avoid the recurrence of friction between members, instances of which have been officially brought to my attention, and that by such reorganization greater efficiency and a substantial reduction in the expense of operation can be brought about. Consolidation of Bureaus. I .request congressional authority, to

enable*tbe secretary of commerce and labor to unite the bureaus of manufactures and statistics. This was recommended by u competent committee appointed in the previous administration for the purpose of suggesting changes in the interest of economy and efficiency and is requested by tbe secretary. Tho White Slave Trade. I greatly regret to have to say that the investigations made in the bureau of immigration and other sources of information lead to the view that there is urgent necessity for additional legislation and greater executive activity to suppress the recruiting of tbe ranks of prostitutes from the streams of Immigration into this country—an evil which, for want of a better name, has been called "the white slave trade.” I believe it to be constitutional to forbid under penalty tbe transportation of persons for purposes of prostitution across national and state lines, and by appropriating a fund of $50,000 to be used by the secretary of commerce and labor for the employment of special inspectors it will be possible to bring those responsible for this trade to indictment and conviction under a federal law. Bureau of Health. For a very considerable period a movement has been gathering strength, especially among tbe members of the medical profession, in favor of a concentration of tho instruments of the national government which have to do with the promotion of public health. In the nature, of things the medical department of the army and tbe medical department of the navy must be kept separate. But there seems to be no reason why all the other bureaus and offices in the general government which have to do with the public health or subjects akin thereto should not be united in a bureau to be called the "bureau of public health.” This would necessitate the transfer of the marine hospital service to such a bureau. I am aware that there is a wide field in respect to the public health committed to the states in which the federal government cannot exercise jurisdiction, but we have seen in the agricultural department the expansion into widest usefulness of a department giving attention to agriculture when that subject is p'ainly one over which the states properly exercise direct jurisdiction. The opportunities offered for useful research and the spread of useful information in regard to the cultivation of the soil and the breeding of stock and the solution of many of the intricate problems in progressive agriculture have demonstrated the wisdom of establishing that department. Similar reasons of equal force can be given for the establishment of a bureau of health that shall not only exercise the police jurisdiction of the federal government respecting quarantine, but which shall also afford an opportunity for investigation and research by competent experts into questions of health affecting tbe whole country or important sections thereof, questions which in the absence of federal governmental work are not likely to be promptly solved. Tbe work of the United States civil service commission has been performed to the general satisfaction of the executive officers with whom the commission has been brought into official communication. Tbe volume of that work and its variety and extent have under new laws, such as the census act and new executive orders, greatly increased. The activities of the commission required by the statutes have reached to every portion of the public domain. The accommodations of the commission. are most inadequate. foe its needs.

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f call your attention to Its request for Increase in those accommodations as will appear from the annual report for this year. Political Contributions. I urgently recommend to congress that a law be passed requiring that candidates In elections of members of the house of representatives and committees In charge of their cnndldncy and campaign tile In a proper office of the United States government a state ment of the contributions received and of the expenditures incurred in the campaign for such elections and that similar legislation be enacted in respect to all other elections which are constitutionally within the control of congress. Freedman’s Savings and Trust Company. Recommendations have been made by my predecessor that congress appropriate a sufficient sum to pay the balance—about 38 per cent—of the amounts due depositors in the Freedman’s Savings and Trust company. I renew this recommendation and advise also that a proper limitation be prescribed fixing a period within which the claims may be presented, that assigned claims be not recognized and that a limit be imposed on the amount of fees collectible for services in presenting such claims. Semicentennial of Negro Freedom. The year 1913 will mark the fiftieth anniversary of the issuance of the emancipation proclamation granting freedom to the negroes. It seems fitting that this event should be properly celebrated. Already a movement has been started by prominent negroes. encouraged by prominent white people and the press. The south especially Is manifesting its interest in this movement. It is suggested that a proper form of celebration would be an exposition to show tbe progress the negroes have made, not only during their period of freedom, but also from the time of their coming to this country. I heartily indorse this proposal and request that the executive be authorized to appoint a preliminary commission of not more than seven persons to consider carefully whether or not it is wise to hold such an exposition, and if so to outline a plan for the en- I terprise. I further recommend that such preliminary commission serve without salary, except as to their actual expenses, and that an appropriation be made to meet such expenses. HIGH COST OF LIVING. Increased Gold Output Partly Hesponsible—More Prosperity. I have thus, in a message compressed 1 as much as the subjects will permit. I referred to many of the legislative 1 needs of the country, with the exceptions already noted. Speaking generally, the country is in a high state of prosperity. There is every reason to believe that we are on the eve of a substantial business expansion, and we have just garnered a harvest unexampled in the market value of our agricultural products. The high prices which such products bring mean great prosperity for the farming community: but, on the other hand, they mean a very considerably increased burden upon those classes in the community whose yearly compensation does not expand with the Improvement in business and the general prosjterity. Various reasons are given for the high prices. The proportionate increase in the output of gold, which today is the chief medium of exchange and is in Bonjg respects a measure of value, fur-

nfihes a substantial explanation o( least part of the increase 1 D prl ‘ ? Tbe increase in population and th more expensive mode of living ot th people, which have not beeu accom panted by a proportionate increase in acreage production, may furnish a fu? ther reason. It is well to note that th Increase in tho cost of living i a D ! confined to this country, but prevail, the world over, and that those who would charge increases in prices to th existing protective tariff must meet tho fact that the rise in prices has taken place almost wholly m those products of tho factory and farm i n respect to which there has been either no Increase in the tariff or in many Instances a very considerable reduction. william h. Taft The White House, Dec. 7, 1909 Privateering. Privateering dates from the reign of King Edward 1.—1272-1307. He was the first monarch to adopt that method of making war on an enemy, it grew out of the fact that at that time the nations of the world had but primitive navies and had to draw on the merchant marine for the bulk of their Strength at sea. With England showing the way, the other nations of Europe lost no time in adopting this plan of injuring an enemy. Commissions were Issued by a belligerent state to vessels owned and manned by private persons, authorizing them to carry on hostilities at sea against the other belligerent. It was not long before this license to merchantmen created a practical state of piracy.

PUBLIC SALE. Holstein cows and heifers. The undersigned will offer for sale at public auction at the Peter Gerber farm, now owned by Albert Heurley, two miles north of Vera Cruz and four and onehalf miles east of Bluffton, beginning at 10 o'clock a. m., December 10, 1909, thirty-five head of Holstein cows and heifers, fifteen head of extra large Holstein cows coming fresh in March and April; one full blooded Holstein bull, will be two years old in spring; four head of two-year-old heifers, will be fresh in spring; seven one-year-old heifers, good breed: seven spring calves and five or six native cows, fresh, with calf by side. This is a good opportunity to purchase genuine Holstein cattle. Vou all know they are milkers on the market. Come and look them over. Terms—Three, six and nine months, I with bankable note, with 6 per cent I interest. GERBER AND AHR. I Spuhler and Frauhiger, Aucts. -o ■ - — — OF LOCAL INTEREST. Astonishing reports are being made by the many people of the city who are using the wonderful vegetable treatment P. C. W. It is guaranteed to be satisfactory or money will be refunded. P. C. W. is highlv recommended to sufferers cf rheumatism, kid ey, liver and stomach trouble. Call at Holthouse drug store and see this wonderful treatment. Foley's Honey and Tar clears the air passages, stops the Irrf: ikffl in the throet, soothes tho inflam- 1 mem. branes, and the most obstinate cough disappears. Sere and inflanv d lungs are healed and strengthened and the Hold is expelled from the system. Refuse any but the genuine in the yellow package. HOLTHOUSE DRUG CO