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TArrS MESSAG
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To Ihr Snir.tr ami fhr Uousr vf I'rp
rcsrntativcs: The relations of the ITnltert Ftates
With fill foreign governments have con
tinued viin tlie normiil basis of utility
nil good understanding, "nil are very
generally satisfactory.
Pursuant to the provisions of th"
general treaty of arbitration concluded
between the United States and Ureal
Uritain. April 4, l'.ioS. a spc-cial agree
ment wan entered into between the two
roimtrles on January 27. 1!'0!, for the
snhmipsion of questions relating to the
fisheries on the .North Atlantic e.i'St
to a tribunal to be formed from mem
bers of the permanent court of arbitra
tion tit The I labile. In accordance with
the provisions of the special agreement
the printed case of each government
was, on October 4 last, submitted to the
other and to the arbitral tribunal at
The I lactic, nnd the counter case of
the United Stales is now in course of
preparation.
1 lie .American rights under the lis'i-
rlcs article of the treaty of ISIS have
beep n oiuse of difference between the
United States and Great I'.ritain for
nearly seventy years. The Interests
Involved are of great Importance to
the American lisliing Industry, and the
final settlement of the controversy will
remove a source of constant Irritation
and complaint. This is the first cas-i
Involving such great international
questions which has been submitted to
the permanent court of arbitration at
The Hague.
The treaty between the United States
and Great I'.ritain concerning the
Canadian International boundary, con
cluded April I, 11)08, authorizes the
appointment of two commissioners to
define and mark accurately the inter
national boundary line between the
United States nnd the Dominion of
Canada in the waters of the Passania
quoddy bay, and provides for the ex
change of briefs within the period of
six months. The briefs were duly pre
sented within the prescribed period,
but as the commissioners failed to
agree within six months after the ex
change of the printed statements, ns
required by the treaty, it has now be
come necessary to resort to the arbi
tration provided for in the article.
The international fisheries commis
sion appointed pursuant to and under
the authority of the convention of
April 11, 1D08, between the United
States and Great Hritain, has complet
ed a system of uniform nnd common
International regulations for the pro
tection nnd preservation of the food
fishes In international boundary waters
of the United States nnd Canada.
The regulations will be duly submit
ted to Congress with a view to the en
actment of such legislation as will bo
necessary under the convention to put
them into operation.
The convention providing for the
settlement of international differences
between the United States and Cana
da, including the apportionment be
tween the two countries of certain of
the boundary waters and the appoint
ment of commissioners to adjust cer
tain other questions, signed on the 11th
day of January, IDOlt, and to the ratlil
cation of which the Senate gave its ad
vice and consent on March 3, 1?0', has
not yet been ratitled on tho part of
Groat Uritain.
Commissioners have been appointed
on the part of the United States to act
Jointly with commissioners on the part
of Canada in examining into the ques
tion of obstructions In the St. John
River between Maine and New Bruns
wick, nnd to make recommendations
for the regulation of the uses thereof,
and are now engaged In this work.
Negotiations for an international
conference to consider and reach an
arrangement providing for tho preser
vation und protection of the fur seals
In the North Pacific are in progress
with the governments of Great Britain,
Japan and Russia. The attitude of the
governments interested leads me to
hope for a satisfactory settlement :'
this-question as the ultimate outcome
of the negotiations.
Ills Majesty Mehmcd V., Sultan of
Turkey, recently sent to tills country a
special embassy to announce his ac
cession. The quick transition of the
government of the Ottoman empire
from ono of retrograde tendencies to a
constitutional government with a Par
liament and with progressive modern
policies of reform and public improve
ments Is one of the important phe
nomena of our times. Constitutional
government seems also to have made
further advance in Persia. These
events have turned the eyes of the
world upon the Near Kast. In that
quarter tho prestige of the United
States has spread widely through the
peaceful influence of American schools,
universities and missionaries. There
Is every reason why we should obtain
a greater share of the commerce of the
Near East since the conditions are
more favorable now than ever before.
Our Latin American Neighbor.
To-day, more than ever before,
American capital Is seeking investment
in foreign countries, and American
products are more and more generally
seeking foreign markets. As a conse
quence, In all countries there are Amer
ican citizens and American interests
to be protected, on occasion, by their
government. These movements of
men, of capital, and of commodities
bring peoples and governments closer
together and so form bonds of peace
and mutual dependency, as they must
also naturally sometimes make passing
points of friction. The Pan-American
policy of this government has long
been fixed in Its principles and remains
unchanged. With the changed circum
stances of the United States and of the
republics to the south of us, most of
which have great natural resources,
stable government and progressive
ideals, the apprehension which gave
rise to the Monroe doctrine may be
said to have nearly disappeared, und
neither the doctrine us it exists nor
any other doctrine of American policy
Should be permitted to operate for the
perpetuation of irresponsible govern
ment, the escape of just obligations, or
the insidious allegation of dominating
ambitions on the part of the United
States.
My meeting with President Diaz and
the greeting exchanged on both Amerl
can nnd Mexican mil served, I ho;n
to signalize Hie close ami cordial rel i
tions which so wen mini together this
republic and the great republic initni
dlately to the south, between which
there is so vast a network of materia:
interests.
I am happy to say thr't all but oie- of
the cases which for so long vexed our
relations with Venezuela have been
settled within the past few months an I
that, under t':e enlightened regime now-
directing the (;overiitneiil of Venezuela,
provision has been made lor aroitra
tlon of the remaining case before Th ;
Ilaeue tribunal, on July eO, lliu'J. th
rnvernmenl of Panama agreed, after
considerable negotiation, to Indemnify
the relatives of the American oi'icers
anil sailors who were brutally treated
nn ,r them having, indeed, been killed
by the Panatnan police this year.
The sanitary improvements and pub
lie works undertaken in Cuba prio.' t
the uresent administration of that guv-
m.,.i.t i,i the success of which the
I'nited Stall S is lilt rested linuer til
treaty, nre reported to 1 e making ,ood
progress and since the Coagr.hs pro
vided for the continuance of the ivclp-
rocal commercial arrangement between
Cuba and the United States assurance
has been received that no negotiations
injuriously affecting the situation will
be undertaken without consultation.
The collection of the customs of the
Unminiean Republic through the gen
eral receiver of customs appointed by
the President of the United States In
accordance with the convention of
I'cbruary 8. l!M)7, lias proceeded In an
uneventful ii ti .1 satisfactory manner.
Many years ago diplomatic Interven
tion became necessary to the protec
tion fif the interest in the American
claim of Alsop and company against
the government of Chile. The govern
ment Chile had frequently admitted
obligation In the case tied had prom
ised this governni'-nt to settle It. There
I. lit been two abortive attempts to do
fo through arbitral commissions. whl."i
failed through kick of jurisdiction.
.Now, happily, as "the result of the re
cent diplomatic negotiations, the gov
ernments of the United States nnd of
Chile, actuated by ' the sincere desire
to free from any strain those cordial
t'tid friendly relations upon which both
set such store, have agreed by a pro
tocol to submit thi controversy to
dellnltlve settlement by His P.rltannlo,
Majesty, Edward VII.
The Mnirnitiinn Dlllleiiltr.
S'nce the Washington conventions
of 11107 were communicated to the gov
ernment of the United States as u con
sulting and advising party, this gov
ernment has been almost continuous
ly called upon by one or another, and
In turn by nil of the five Central Amer
ican republics, to exert Itself for the
maintenance of the conventions. Near
ly every complaint has been against
the Zelnya government of Nicaragua,
which has kept Central America In
constant tension or turmoil. The re
sponses made to the representations of
Central American republics, as due
from the United' States on account of
Its relation to the Washington conven
tions, have been at all times conserva
tive and have avoided, so far as pos
sible, any semblance of Interference,
although it is very apparent that the
considerations of geographic proximity
to the Canal zone and of the very sub
stantial American Interests in Central
America give to the United States a
special position in the zone of these
republics and tho Caribbean Sea.
I need not rehearse here the patient
efforts of this government to promote
peace and welfare among these repub
lics, efforts which are fully appreciated
by the majority of them who nre loyal
to their true Interests. It would be no
less unnecessary to rehearse here the
sad tale of unspeakable barbarities and
oppression alleged to have been com
mitted by the Zelaya government. Re
cently two Americans wen put to
death by order of President - Zclrtyn
himself. They were officers in the or
ganized forces of a revolution which
had continued many weeks and was In
control of about half of the republic,
and ns such, according to the modern
enlightened practice of civilized na
tions, they were entitled to be dealt
with as prisoners of war.
At the date when this message is
printed this government has terminat
ed diplomatic relations with the Zelaya
government, for reasons made public
in a communication to the former
Nlcaragnari charge d'affaires, and is
intending to take such future steps ns
may be found most consistent with its
dignity, its duty to American Interests
and its moral obligations to Central
America and to civilization. It may
bo necessary for me to bring this sub
ject to the attention of the Congress
in a special message.
The International l'.ureau of Ameri
can Republics has carried on an im
portant and increasing work during
the last year. In the exercise of Its
peculiar functions as an International
agency, maintained by all the Ameri
can republics for the development of
Pan-American commerce and friend
ship, It has accomplished a great prac
tical good which could bo done in the
same way by no Individual department
or bureau of one government, and !s
Therefore deserving of, your liberal
support. The fact that It Is about to
enter a new building, erected through
the mnnillcenee of mi American phl-
anthropist and the contributions of all
the American nations, where both Its
tllciencv of administration and ex
pense of maintenance will naturally be
much augmented, further entitles It
to special consideration.
Itelatluna In the l'nr Rait,
In the Ear East this government
preserved unchanged Its policy of sup
porting the principle or equality or op-
ortunity and scrupulous respect ior
the integrity or the I ninese iMnpire, to
which policy nre pledged the interested
powers of both east nnd west.
Our traditional reunions wiin ine
Japanese empire continue cordial as
usual. As the representative of Japan,
his imperial highness Prince Kunl vis
ited the liudson-l' ultoti celebration.
The recent visit or a delegation of
prominent business men ns guests of
the chambers of commerce of the Pa
cific -slope, whose representatives had
been so agreeably received In Japan,
will doubtless contribute to the grow
ing trnde across the Ptii'lfle, as well
as to that mutual understanding which
leads to mutual appreciation.
pen ill tn rvn anil Itevcuiie.
Perhaps the most Important question
nresenled to the administration is thai of
olinmy III expeiiiiimi i-m iinu nuiiiciency
of revenue. I he iletu-tt or the last lis al
year, and the reitutn ilenelt or the cur
rent year, priniipicii longress to tnrow
a greater responsibility on the exei-itlve
nnd the secretary or tne treasury tlim
had heretofore been declared by statute.
I tils declaration imposes upon the wv
rclary of the treasury I !: duty of us
elnbiing all the estimates of the execu
tive ileiiarin.cill.s iMireaus, arm oiliees, or
expi ndltures necessary hi the ensiling
fiscal year, and of making an estimate of
the revenues or tne government lor the
same period; and If a probable deficit Is
thus rlmwn. It Is made the duty or the
President to recommend the method by
which Hiich deficit can be met
The retort HT ttie secretary shows tint
the ordinary expenditures for the current
fiscal yeur ending June an, lata, will ex
ceed the estimated receipts by J:! I.OTii.fi'JU.
If to this deceit Is added the shim to In
dlsbursi d for the Panama canal, aniiiunt-
Ing ra j:;t. ono. nan, and $1. ono. aim to bi
Pai.l on the pil'.-lie debt, the deficit .of ol -
dinarv receipts urd expenditures rili tie
Increased to n total deficit of 7 :S.oTr..
;:'0. This deficit the secretary proposes
to meet bv the proceeds of bonds issued
In pay the cost of constructing the I'ii i
lima canal. I approve this proposal.
The policy of paying for the construe
tion of th' Panama canal, not out of cur
rent revenue, but by bund Issin s. wa'
minuted in the S-'pooner net of 11)0 'J. und
there seems to be no good reason lor
departing from the I rue iple by which
Part at h ist of the burden of the c
of the canal shall fall upon our posterity
who are to enjoy it; and there Is all
the more reason or this vii w becaus
the actual rut 1 to date oif the canal, whl
I
is now half d.ine nnd whli h will be com
pleted Jan. 1. lMlf.. shows that the cost
of engineering and const ruel ton will be
$J!l7.7 li'i.OIIO, Instead of $ 1 :l !l, 7d.ri, -')".
originally estimated In addition to engi
neering unit construction, the other ex
penses, including sanitation and govern
local, and the amount paid for the prop-
rtiis. the fianchlse, und the privilege of
building the. canal, Increase the cost by
S7".. 4:i"). 000, to a total f :i7.r.. lllll. nun
'I'he increase bi the co;,t of eniaeerinu
ami construction Is dim to a stihsia nt I 1 1
"ill 11;" nn nt of the plan of constmetloi
bv widinlug the canal 100 feet In the
Culehra cut and by increasing the dimen
sions of the locks, to the underestimate
of the ipiuiitily of the work to be done
under the original plan, and to an under
istiuiate of the cost of lalsir and mate
ilals, both of which havu greutly en
hanced in price liu.e the original estimate
was made.
In order to avoid a deficit for the en
suing fiscal year I directed the beads of
dcpnrtmmts In thr preparation in' tltelr
estimate to make them as low as possible
consistent with imperative coi rrntnental
necessity. The result has been as 1 inn
advised by the feeretary of the treasury
that the estimates for' the expenses of
the government for the next llscal year
ending June ;tn. ;ni. are less than the
appropriation. for this current fiscal year
by IIL'.SiX.Oiiil. f;lr ,, pecreliity
of the treasury Is able to form n ludg
ment ns to future Income and compare It
with the expenditures for the next fiscal
year ending June .'t'l, lllll. end exclud
ing payments on account nf the Panama
canal which will doubtless be taken up
by bends, theic will be a surplus of $r,5.
fiHI.Oiia. In the present estimates the nrrds of
the ilcnartinents nnd of the imvcrmnc'it
have I n cut to the null Ii. so to sneak.
and any assumption on the Part of I'mi.
gross, so often made in times Past, that
the istinieies have been prepared with the
ext'ictition that they may be ledtlcel,
wit' resnt i .seriously huninct lm- oroner
ubuini -a rat Ion
I'l.e Mi'.ilaiy of the tn usury points out
what should be carefully noted hi respect
to Uis redaction in goverhiucnlnl ex-
pens, tnr the next llscal year, that the
Cioiiomlos nre two kinds first, there Is a
saving In the permanent administration of
the departments, bureaus, and offices mf
the government ; and, second, there Is a
present reduction In expenses by a post
ponement or prolcets and Improvements
that ultimately will have to be can led
out, but which are now delayed with the
hope that addlt Innal revenue In the future
will permit their execution without pro
ducing a deficit.
I um aware that there Is a stronir feel
ing In both houses of Congress, nnd pos
sibly In the country, against the estab
lishment of civil pensions, and that tills
has naturally grown out of the heavy
burden of military pensions, which It has
always been the policy of nur government
to nssnme; hut 1 um strongly convince,!
that no other practical solution of the
dilllcullles presented by the superannua
tion of rlvll servants can be found tlun
that of a system of civil pensions.
i'ho business nnd expenditures of tho
government have expanded enormously
since the Spanish war. but ns the rev
enues have Increased In nearly the same
proportion us the expenditures until re
cently, the attention of the public, nnd
nf those responsible for the government.
bus not been fastened upon the question
of reducing the cost of administration.
We cannot, in view of the ndviinclng prices
or living, nope to save money by a re
duction In the standard of salaries paid.
Indeed. If any change is made in that
regard, an Incrense rather thun a de
crease will be necessary ; and the only
means of economy will tie In reducing
the number o employes and In obtaining
a greater average of efficiency from those
retained In the service.
r'riind In the Cnntonia Service.
I regret to refer to the fact of the dis
covery of extensive frauds In the collec
tion of the customs revenue at New York
it y, in wmcn u number or the stibordi-
nale employes In the weighing and other
departments were directly concerned, nnd
in which the benellelarles were the Amer
ican Sugar Refining Company und others.
1 he rrnuils consisted In the payment of
duty on underweights of laigar. The gov
ernment has recovr.cd from the American
Migar Kenning ompnny nil that it Is
shown to ha'.e been defrauded of. The
um was received hi full of the amount
lue, which might have been recovered bv
civil suit against the beneficiary of fraud,
oui. tnere was nn express reservation In
the contract i settlement bv which the
cttlement should not interfere with, or
prevent the criminal prosecution of every
one who was found to bu subject to the
same.
Criminal prosecutions are now proceed
ing against a nifmber of the government
officers. It would seem to me that an
investigation of the frauds by Congress
it present, pending the probing bv the
treuKuiy department nnd the department
of Ju tlcis us proposed, might bv uiviug
immunity and otherwise prove an em
barrassment In securing conviction of the
guilty parties.
The ew Tnrllt I.ntv.
Two features of the new
tariff m l
call
for special reference. Uy
virtue
the
clause known us the "Maximum amr Min
imum clause, it Is the duty of the exec
utive to consider tho luws and practices
of other countries with reference to the Im
portation Into those countries of the prod
ucts mm mercnuniilse or the 1,'nltei
States, nnd If the excutlve finds such laws
ind practices not to be unduly discrim
inatory against the I'nited Slates., the
minimum duties provided In the bill ere
to go Into force. I'nless the President
makes such a finding, then the maximum
duties provided In the bill, that Is. an in
crease of Jo per cent nd valorem over the
minimum duties, ure to tie In force. Pear
lias been expressed that this power con
ferred und duly Imposed on the executive
Is likely to lead to a tariff war. I beg to
express the hope und belief that no such
lesult need tie nntlclputid.
The discretion granted to the Executive
by the terms "unduly discriminatory'1 Is
wide. In order that the maximum duty
shall be charged against the Imports from
a country, it Is necessary that he shall
find on the part of that country not only
discriminations In its laws or the practice
under them against the trade of the I'nit
ed States, but that the discriminations
found shall be undue; that is, without
good and fair reason. I conceive that this
power was reposed In the President with
the hope that the maximum duties mlglit
never be applied In any cuse, but that
the power to upply them would enable the
President und the stale department
through friendly negotiation to secure the
elimination from the laws und the prac
tice under them of any foreign country
of that which la unduly discriminatory.
No one is seeking a tariff war or a con
dition in which the spirit of retaliation
shall be aroused.
The new tariff law enables me to ap
point a tarllf board to assist me In con
nection with the department of state In
the administration of the minimum and
maximum clause of the act und also to
ussist officers of the government in the
uilmlnistruiion of the entire law. An ex
amination of the law and 1111 understand
ing of the nature of the fails which
should be conslibred in discharging the
functions Imposed upon lite executive show
that I have the power to direct tho tuilT
board to make a conn rehenslve glossary
and encyclopedia of tae terms used and
articles embraced hi tin- tariff law. and
lo sec tn e ititormatlon as to Uie cost ol
production of such goods hi this country
and the cost of their luodui lion In foreign
countries. 1 have Hurt-fore appointed a
tariff board consisting of three numbers
nnd have directed them to perform uil the
dutl-s above described.
War anil Nuvy Department.
In the Interest of Immediate economy
und because of the prospect of a deficit. 1
have reipiired u reduction in the estimates
f the war ileparlioeiil lor tile coming fis
cal year, which In ins the total esti
mates down to an umoiint Slii.Ono.ii'iO less
than the corresponding estimates for last
year. The seen t iry of war calls Hit -n-l
inn to a nuiniH-r id iiceded changes in ( lu
ll liny. In nil of which I concur. 'I'he coast
defenses of the I'nited Slates proper are
generally all that could be desired, and
In tome respects they ure rather more
elaborate than under present conditions
are needed to stop an enemy's fleet from
entering the haraors defeudiol. The mili
tary nnd niiiul joint board huve uiiaid
inously agreed that it would be unwise
to make the large expenditures which at
one time were contemplated in the estab
b hioi-nt of u naval base and stall. m In
the Philippine Islands, and lane expressed
their judgment. In which I fully concur,
In fuvur of making an extensive naval
base at Pearl harbor, luur Honolulu, and
not In the Philippines.
This does not dispense with the neces
sity for the comparatively small appro
priations leipilreil 10 lllilstl the proper
coast di fenses in the Philippines now un
der cons! nu tlon on the Island of Coi reg
Idor nnd elsewhere or lo complete u suit
able repair station and routing supply nH
tlon tit Oloiigapo. Where is nie flouting
ilo k "Dewey. 1 nope that mis recom
tnendation of the Joint boa id will en. I the
discussion us to the cornparatlw mi rlts ol
.Manila hay und illongipo us naval sla
liiuiM. und will bad lo prompt measures
lor I lie proper equipment und def.-nso of
Pearl harbor.
The 11 turn of the battleship licit from
Its voyage around the win 1-1, in more ei-
i;li nt condition than when II started, w.
a noteworthy event or iniercsi alike to
our citizens und the naval nuihorilies ,f
the world. Besides the hcicllcluL und fur.
reaching effect on our personal und diplo-
matle relations in the count l ien which the
Meet visited, the marked success of the
hhlp la kUuiuliif around the Aorld In all
wratlis on schedule time has Increased
respect for our iny and has added to
our national prestige. Our rnlWte.d per
sonnel recruited from all sections of I ho
country Is young nod energetic und rep
resentative of the iintlonrtl spirit. Owing
to the necessity for economy In expendi
tures. 1 have dl-ected the 1 urt illnient of
recommendations for naval appropriations
m that (hey nre thirty-right millions less
thsii the corn spon, line estimates of last
year, and the reuuest lor pew naval con
struction Is limited to two first-class bat
tle ships nnd one repair vessel.
Tho use of a n n y is for military pur
poses, utiil Ihcre has been foul d need in
the department of a military branch deal
ing directly with tho military use of the
licet. The secretary of the Paw has also
fell the lack of responsible advi ers to aid
ti i 111 hi reaching conclusions and deciding
hnpoilant matters between co-ordlnaiii
brunches of the department. To secure
these results he has Inaugurated a tenta
tive plan involving certain changes in the
m ganlat ion of the navy depart incut, In
chiibng the navy yards, nil nf which have
been lound by th" attorney general to be
In accordance with law. I have approved
the execution 01' the plan ptoposed because
of the greater erlli iency and economy It
promises.
The ltepnrl men t of Justice.
The deplorable delays In the adminis
tration of civil und criminal law have
received the attention of coinmltbM'S of
tin American lltir Assoel itlon und of
many slate bar associations, as well ns
the considered thought of Judges and
Jurists. In my Judgment, a change In
judicial procedure, with a view to re
ducing Its expense to private litigants In
civil cases and facilitating the dispatch
of business and final decision In both civil
and criminal cases, conslitutes the great
est need in our American Institutions. 1
do not doubt for one moment that much
of the lawless violence and cruelly ex
hibited In lyiichlngs is directly due to the
uncertainties nnd Injustice growing out
of the delays In trials. Judgments, and
the executions thereof by our courts. tW
course these remarks apply ipiite as well
to the administration of .iusilce In state
courts us to that in federal courts, and
without making invidious distinction it Is
perhaps not too much to say that, speak
ing generally, the defects are less In the
federal courts than In the slate courts.
Put they nre very great in the federal
courts. The expedition with which busi
ness is disposed of both on the civil nnd
the criminal side ol" English courts under
modern rules of procedure makes the de
lays In our courts seem urehaic und bar
burous. The procedure In the federal
courts should furnish 1111 example for the
state courts.
I presume It Is Impossible, without an
amendment to the constitution, to unite
under one form of nctleti the proceedings
at common law and proceedings In equity
In the federul courts, but It Is certainly
not Impossible by a statute to simplify
nnd inuke short Hnd dlret t the procedure
both at law nnd In eipilly in those courts.
It Is not Impossible to cut down still
more than It Is cut down, the Jul isdli tlon
of the supreme court so as to contlne It
almost wholly to statutory and constitu
tional questions. Under the present stnt
utes the equity nnd admiralty procedure
In the federal courts Is under the control
of the supreme court, but In the pressure
of business lo which that court Is sub
jected. It Is Impossible to hope that a
radical nnd proper reform of the federul
equity procedure cuii lie brought nbout.
I therefore recommend legislation pro
viding for the appointment by the Presi
dent of a commission with authority to
examine tho law und equity procedure of
file federul courts of first Instance, the
law of appeals from those courts to the
courts of appeals und to the supreme
court, und tin costs Imposed in such pro
cedure upon the private litigants und upon
the public treasury nnd make recotumcn-
iatlon with a view to simplifying und
expedlt lug the procedure us far as possible
nnd making It as Inexpensive us may be
to the litlgunt of little means.
"Smtp" I n jmii't Ioiih,
The platform of the successful party In
the last election contained tho following:
"The Republican party will uphold nt
all limes the authority nnd Integrity of
the courts, state nnd federal, und will
ever Insist nun tneir powers 10 emorce
their process nnd to protect lire, liberty,
and properly shall be preserved lnvlolute.
We believe. However, mat the rules 01
procedure In the federal coiirbi with re
spect to the issuance of the writ of In
junction slioiilil lie m":e accurately oe
flned bv statute, and that no Injunction
or temporary restraining order should be
issued Without notice, except Where live-
.aruhle injury would result fiom delay.
In which case u speedy hearing llicrealtei
should be granted. '
1 recommend Hint In compliance with
the promise thus made, appropriate legis
lation be adopted. The ends of Justice
will best be met and the chief cause ol
complaint against ill-considered Injunc
tions without notice win pe removed by
the 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 oppor
tunity to be heard on behalf of the par
ties to be enjoined; iinleiis It shall uppenr
lo the satisfaction of the court that the
delay necessary to give such notice md
hearing would result in Irreparable Injury
to the complainant.
Unless ulso the court shall from the
evidence, muke a written finding, which
shall he spread upon the court minutes,
that Immediate mid Irreparable injury Is
likely to ensue to the complainant, and
shall define the Injury, stale why it Is Ir
reparublefc nnd shall also endorse 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 the defendant lo he heard should by
force of the statute expire and be of no
effect after seven days from the Issuance
thereof or within any lime less than that
period which the court may fix, unless
wltliln such sev n days or such less peri
od, the Injunction or order Is extended or
renewed alter previous notice und oppor
tunity to be beard.
My Judgment Is that the passage of
such nn net which really embodies the
best practice In equity and Ih very like
the rule now In force in some courts, will
prevent the issuing of Ill-advised orders
of Injunction without notice and will ren
der such orders when Issued much less
objectionable by the short time In which
they may remuin ilfectlve.
Iiifemtate I'oiiimrrre Um,
The Jurisdiction of the general govern
ment over Interstate commerce has led to
Ihe passage of the so-called "Sherman
Antitrust l.aw" and the "interstate Com
merce haw" nnd its amendments. The
developments In the operation of those
laws, us shown by Indictments, trials. Ju
dicial decisions, und other sources of In
formation, call fur a discussion und some
suggestions as to amendments.
The I'oHtolllee Department.
The deficit every yeur In the postofllee
department Is largely caused by the low
rate of postage of I cent a pound charged
on vieond-ilass mall matter, which In
cludes not only newspapers but maga
zines nnd miscellaneous periodicals. The
actual loss growing out of the transmis
sion of lids second-class mall matter (it
I cent a pound amounts to about toil. (Km, -lino
a year. Tim average cost of the
transportation of this mutter Is more
than '.1 rents a pound.
A great saving might tin made,
amounting to much more than half of the
loss, by Imposing upon ma gaxlues and
periodicals 11 higher rate of postage. Tin y
are much heailcr llian newspapers, nnd
contain a ituiili higher proportion of ad
verilsltig to reading mutter, mid the uv
iiaee distance ot their ttansportatlon Is
three and 11 half limes ns great.
The total ib-llclt for the last fiscal ye 11
In tlie post oltlee department umount-d to
I I 7,rjiio,iiia. The loan' his ()f iH Inisltuss
which It did at a loss were the second
class mall service. In which the loss as
already said was $i:.'!.'i"0.(i0(i, und Ihe free
rural delivery. In wideli tlie loss was
110(1. 0(111. Those losses were In part ollset
by the protiis of the letter postsge and
oilier souries of income. It would sc -o
Win to ledtlce the loss upon second class,
mall mailer, at least to the extent of pre
venting u deficit In the total operations of
the post olie e department.
'I'he second subject worthy of mention
In Ihe postolllce department is the real
necessity and entire practicability of en
tablishing postal savings hanks. 'I'he suc
cessful party at Ihe last election declaiil
In favor of postal niwngs banks, and 11 1
thoiigh the proposition finds opponents in
runny parts of Hie country, 1 am con
vinced that the people deslra sin li bunks.
und am sure that when the hoiks are
furnished they will be productive of the
utmost good. I bcliev them to bt neces
sary In order to offer a proper Induce.
nent to thrift nnd saving to a great many
peopip of small means who do not now
ham hanking facilities, nnd to whom
such n system would offer an opportunlt
for the accitimiliil Ion of capital. TlicV
will furnish n. ntlsftctorv substitute.
based on sotmil principle and actual suc
cessful trial In nearly nil the countries
of the World, for Ihe system of uovcin-
tnent guarantee of deposits liiav beinir
adopted In several western slates, which
Willi deference to those who inhoeite It
seems lo me t0 h,ive In It the suds of
ibnau a 1 1 v.. 1 1 ion to conservative hanking
and certain llnancial disaster.
'Ihe question of bow Ihe mopcv depos
ited In postal savings hanks shall be In
vested Is not free 1 10111 dilllculiv. but I
believe that a satisfactory provision for
this pip po. e w as inserted as an nou n I
Pienf to tho hill considered liy the Senate
nt Its last session. II has been ptoposi d
to di lav Ihe consideration of legislation
establishing n postal savings bank until
after the 11 poit ,,f the monetary coniini---
slim. This report Is likely to be 1I1 laved
nnd properly so, bi-cause of the pee' ss'.t v
for carcrul deliberation and close hivei li
gation. I do not see why the one sleuii l
be tied up with the oilnr. It hi under
stood that the moneiaiy commission have
looked Into the systems of banking which
now prevail abroad, nnd have found that
by u control tin re exercised in respect to
rescues und the rates of exchange bv
some central authority panics are avoid
ed. It Is not apparent that a system of
postal savings banks would In any way
Interfere with a change to such a system
here, reriainly most of the countries
In Kurope where control Is thus exercised
by n central authority, postal savings
banks exist and are not thought to be In
consistent with a proper financial .uul
banking system.
lleciMiinieiitl Ship Milmldy.
I'ollowlng the course of my distin
guished predecessor. I earnestly recom
mend to Congress the consideration and
passage of a ship subsidy hill, looking to
the establishment of lines between our
Atlantic seaboard and the eastern coast
of South AmerlcH, us well as lines from
the west coast of tlie I'nited Slates to
South America, China, Japan nnd tho
Philippines.
Interior llepnrlineut.
Tlie successful parly In the Inst elec
tion In lis national platform declared In
favor of . the admission us separete states
of New Mexico and Arizona, and 1 rec
ommend that legislation appropriate to
this end be adopted.
A Governor for Alaska.
With respect to the territory of Alas
ka, I recommend legislation which shall
provide for the appointment by the Pres
ident of a roveruor and also an executive
council, the members of which shall dur
ing their term of olllce reside 111 the ter
ritory, and Which shall have legislative
powers sulflclent to enable It to give 10
the territory local laws adapted to Its
present growth.
( oimerv ntlon of .ntlnnnl Resource.
In several departments there Is pre
sented the necessity tor legislation look
ing to the further conservation of our
national resources, nnd the subject In ono
of such Importance as to require a more
detailed ami extended discussion than can
be intered upon In this communication.
For that reason I shall lake an curly
opportunity to send 11 special message to
Congress on the subject of the Improve
ment of our waterways, upon the recla
mation and Irrigation of arid, senil-arld
and swamp lands; upon the preservation
of our forests and the reforesting of suit
able areas; upon the reclussilleatlon of
the public domain with a view of sep
arating from agricultural settlement min
eral, coal und phosphate hinds nnd sites
belonging to Ihe government bordering
on streams suitable for the utilization of
water power.
Department of Agriculture.
I commend to your careful eonslilcrn
tion the report of the secretary of ugrl
culture ns showing the immense sphere
of usefulness which that department now
fills and the wonderful addition to the
wealth of the nutltm made by the farmers
of this country In the crops of the cur-
tent year.
The lighthouse hoard now discharges
lis duties under the department of com
merce and labor. 1 recommend Ihe trans
fer of control over the lighthouses to a
suitable civilian bureau.
f 'oimollilntiiiii of HiirciiiiM.
I request congressional authority to
enable the Feeretary of commerce and
labor to unite the bureaus of manufac
tures and statistics.
I'he While Slnve" Trnde.
I greatly regret to have to say thit
the Investigations made in the bureau
of Immigration and other sources of In
formation lead to tho view that there is
urgent neeiwKity for additional legislation
and greater executive activity to sup
press. Ilnreau of llenllli.
The opportunities offered for u:oful re
search und the spread cf useful Infor
mation In regard to the cultivation ot
the soil and the breeding of stock and tho
solution of many of the Intricate prob
lems In progressive agriculture have dem
ons! ited the wisdom of establishing that
department. Similar reasons, of cquul
force, can be given for the establishment
of a bureau of health that sluill not only
exercise the pollen Jurisdiction of tho fed
eral government M spel ling quarantine,
but which shiill also afford an opportuni
ty for investigation and research by com
petent experts Into questions of health
affecting the whole country, or Import
ant sections thereof, questions which. In
Ihe iibscneo of federal governmental work,
are not likely to bo promptly solved.
The Civil Service Comiiilnaloii.
The work of the United States civil
service commission has been performed
to the general satlilfuctlon of the execu
tive otlli ers with whom 'he commission
has been brought into olhijul communi
cation. I ii coaimendntions have been miidu by
my predecessors that Congress appropri
ate a sufficient sum to pay the balance
about IIS per cent of tho amounts duo
depositors In the l-'reedman's Savings and
Trust Cumpuny. I renew this recommen
dation. I : in a ncl lon Sem l-Centennlnl,
The year 1913 will mark the fiftieth
anniversary of the Issuance of the Eman
cipation Proclamation granting freedom
to the negroes. It seems fitting that this
event should bo properly celebrated. Al
ready a movement has been started by
prominent negroes, encouraged by prom
inent white people and the --ess.
In Conclusion.
I have thus, In a message compressed
as much lis the subjects will penult, re- 1
fcrri'd to many of the legislative needs '
of the country, with the exceptions ul- ;
ready noted. Speaking generally, the
country is In a high state of prosperity. 1
There Is every reason to believe that we
are nn the eve of a substantial business
expansion, and we have Just garnered a
harvest unexampled In the market vnlue
of our ' agricultural products. The high
prices which siu h products bring mean
great prosperity for the farming com
munity, but on the other bund they ineun
a very nmsidcrubly Increased burden upon
those classes 111 the community whose
yearly compensation does not expand
vvllh the Improvement In business 11 ml the
general prosperity. Various reusona are
given for the high prices. The proper
tlnnate Increase In the output of gold,
which to-day Is the chief medium of ex
change and Is In some respects a measure
of value, furnishes a substantial explun.t
tion of at least part of the Increase In
prices. The incrcat-H In population nnd
ihe more expensive mmle of living nf tho
people, which have not been accompanied
by a proportionate Increase In ucrengij
production, mav furnish u further rea
son. It Is well to iioiii that the Increase
In the coit of living Is not confined to this
country, but prcvuils the world over, und
Unit those who would charge increases In
prices to the existing protective tariff
must meet the fact that the rise In prices
has taken place almost wholly In those
products of tlie factoiy und farm in re
spect to which tlu're has been either no
Increase in the tariff or In many Instances
11 very considerable reduction.
UM. H. TAI'T.
Another I'ootlnill Victim.
Archer Christian, son of a Richmond
banker, was Injured fatully while play
ing as half back on the University of
Virginia team In lis mutch with
Georgetown University ut Washington.
Owing to this fatality Georgetown has
canceled vrnnaa for th scuaon.
t r4'.?w ; .'- -'
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S.l
V,
SWIMMING AFTER SOUND.
It Is the business ot the bellman to ring his bell as) often as possible
without boitiR captured by 'the blindfolded pursuers he lures from place to
place by the sound. He rings his boll, swims to a fresh position, rings
again, and so on. At times, after ringing, he will dive under his eager
pursue, appear behind them anil ring once more, to their astonishment
and confusion. Then he Is off again on a new tack. Illustrated London
News.
DEATH STRUGGLES IN PLASTER.
Mafrerlns; nt a Martyr Were I're
aervetl for Modern Generation.
Neither shall I dwell on the gover
nor's palace which we visited, though
It Is set in a fair garden; nor on the
miiBeum, with the exception ot Just
one thing, Bays Albert Blgelow Falne
In Outing. That one Item Is, I believe,
unique In the world's list of curiosi
ties. It la a plaster cast ot the mar
tyr Goronlnio In the agony of death.
Tho Algerians put Geronlmo alive Into
a Boft mass of concrete, which pres
ently hardened Into a block and was
built Into a fort. This was in 1569
and about forty years later a Spanish
writer described the event and told
exactly how that particular block
could he located.
The fort stood for nearly 300 years.
Then, In 1853, It was torn down, the
block was Identified and broken open,
nnd an almost perfect mold of the
dead martyr was found within. They
filled tho mold with plaster, and the
result a wonderful cast lies there
In the museum to-day, face down as
ho died, hands and feet - bound and
straining, head twisted to one side in
the supreme torture of that terrible
martyrdom. It la a grewnome, fascin
ating thing, and you go back to look
at It nioro than once, and you slip out
between times for a breath of fresh
air.
Remembering the story and looking
at fhat straining figure, you realize a
little of the need he must have known,
and your lungs contract nnd you
smother nnd hurry out to the sky and
sun and God-given oxygon of life. He
could not have lived long, but every
second of consciousness must have
been an eternity of horror, for there Is
no such thing as time except as to
mode of measurement, and a measure
ment such as that would compass ages
unthinkable. If I lived In Algiers and
at any time should sprout a little bud
of discontent with the present state of
affairs a little sympathy with the
subjugated population I would go
and take a look at tieronimo, and
forthwith all the discontent and the
sympathy would pass away and I
would come out gloating in the fact
that France can crack the whip, and
that we of the west can ride them
down.
"OUR UNTRAINED CITIZENS."
Grncral IntelUircnee of I'aplla I.alil
Rare by an Examination.
From time to time bouio curious per
son rises to Inquire whether tho chil
dren who aro being educated at consid
erable cost to the state and not a little
pain and discomfort-to themselves re
ally know anything. Mrs. Florence
Woolaton has endeavored to find an an
swer to the question, and the results
of her investigations, as given in the
Survey, in an article entitled "Our Un
trained Citizens," Is somewhat star
tling. It would seem that every child
In New York might be expeivted to
know the name of the mayor, but out
of 100 children Interrogated on the
subject only ten gave correct answers.
One child was under the Impression
that John I). Itockfeller presided over
tho destinies of the city, and another
imagined that the shade of George
Washington was guiding the munici
pal Hhlp of state. Ideas of the mayor's
duties were even more vague, buL one
boy Beemcd to have some notion of
inunlclpul politics when be answered,
"lie appoints political jobs."
About tho President the children
wero somewhat better informed. Cam
paign talk about Taft had made his
inline familiar, but a little Kngliuli
glil Insisted that Henry VII. was Pres
ident. About the President's duties
there was mm h uncertainty, but
among answers accounted correct were,
''Ho minds all the people," from a lit
Ho girl with ninth experience in mlnd
Ing people lier.elf; "lie keeps order In
tho United Strifes;" "He takes earn cf
everything;" "lie looks out for the
toisntry."
Tho query. "Who Is Hughes?"
brought forth a variety of Ideas.
Fcrty-elght did not recognize the
naino and did not know what the
term governor, meant. Of tho3e who
bad heard the name before one
thought that It belonged to the "gov-
' y
r.'Vrf ...V
.-' c-
: a -i,i'"
X
" ? . ;"--
"ft.
ernor of tho United States," and an-
other that It was the appellation of
the "captain of New York."
The majority of the children wers
rather nonplussed when asked to ex
plain the salute to the flag and ai
swers such as the following are typ
ical, Mrs. Woolston writes; "It
means that we must all say it;" "It
means that you should wave the flag."
An Italian boy gave the following
version ot the first clause, "I pledg
m'allege for the flag to which it stands
Invisible with one nation for liberty
and freedom of all." That the plodga
occasionally conveyed an idea was
evidenced by such replies as: "It
means that we should all Join togeth
er and keep together."
Seventy-four of the hundred chil
dren examined had never heard of
the constitution of the United Statea
and while seven stated that they knew
what It was, they couldn't say what
It was about. Among the guesses
were: "The constitution la the rev
olutionary war;" "It is the senate and
the board of aldermen."
The children examined were chos
en from the public, paroclal and Luth
eran schools and ranged from 14 to 18
years of age. The parochial school
children were in general below the av
erage of the public school children.
ill
J, Wit of the Youngsters J
Mamma What can I do to induce
you to go to bed, dear? Nettie (aged
C) You can let me Bit tip another
hour.
Lola, aged 6, was going to tho coun
try to spend a week, and after finish
ing her evening prayer beforo start
ing she added: "Good-by, Lord. I'm
going away ror a week, and I wish
you would keep your eye on papa and
mamma."
Small nobby Papa, why can a man
run faster than a boy? Papa be
cause he la bigger, my boy. Small
Dobby (after pondering for a few
moments) Well, if that's the reason,
why don't the hind wheels of a wagon
run faster than the front wheeb?
"Now, Tommy," said the Sunday
School teacher, "what does it mean,
In the prayer where it says, 'Lead us
not into temptation'?" "I guess it
menns th Lord needn't bother about
us, because we cn get in ourselves
without being led!" answered Tcnimy
Deaaert According to llearri.
It has been the privilege ot u con
tributor to Harper's Itazar to show
how inequality of the sexes operates
In the schools ot France. The moat
splendid affair occurring in the school
boy's experience throughout the year
Is the fete of St. Charlemagne, which
is celebrated in a manner that con
fers Intellectual distinction upon all
who participate In It. Only those stu
dents who have obtained certain high
marks In their examinations aro per
mitted to take part.
The really important thing, how
ever, is from a boy's point of view,
the banquet; and the banquot's real
glory is in its dessert.
"When my own boys begun school In
Paris at an externat du lycee," writes
the contributor to the Uazar, "their
natural horror of a French education
was speedily converted into uc.-.i for
the study of anything, from ths his
tory oT the early Gauls to Inesular
verbs, by tho hope htld out to them
that It they were first In thei;- class
they would 'get the St. Charleiuasne.'
"This, they told me, with something
like reverence In their voices, meant
a banquet with six S-I-X d!crent
kinds of dessert."
Ths girls have their fete of St. Cath
erinetut there are only t. o des
serts. 1
When people hear of a violent kin
quarrel, they look ns though they
never did anything of the kind them
selves. About all the people you ues4 to
know had lots of chlMren and we:i
poor.