ITEMS OF INTEREST November 16, 1912 Issue

ITEMS OF INTEREST

Revolutionary changes in procedure in equity cases in federal courts throughout the United States are effected in revised rules promulgated last week by the supreme court of the United States. The object is to reduce the cost of litigation and to eliminate delays. Among new rules of procedure is one prohibiting the issue of preliminary injunctions without notice to the opposite party, and restricting of temporary restraining orders. Chief Justice White explaining the rules from the bench grouped the reforms under four or five heads. One was in regard to the exercise of power by the federal courts in equitable matters. Another was described as being designed primarily to remove all unnecessary steps in modes of pleading and to bring the parties quickly to the issue. Another was described as being a restriction in the modes of taking testimony, particularly in patent and copyright cases. "The whole intention has been," said the chief justice, "to bring the taking of testimony down to a more simplified and inexpensive method." Another reform was illustrated by the statement that the new rules as a general thing provide for trial by the court, instead of a reference of the suit to a referee to take the testimony and report back to the court. The new rules would make it possible for the appellate court not to reverse suits merely because of errors not prejudicial. They will go into effect Feb. 1, 1913.

The Society of American Indians, organized to advance the American Indians in every way possible, has decided to open headquarters in Washington. This was decided at the second conference of the society at Columns, Ohio, which was attended by representatives of practically every tribe in the United States, and at which a permanent organization was effected. The objects of the society are: first, to promote and cooperate with all efforts a looking to the advancement of the Indian in enlightenment which leaves him free as a man to develop; second, to provide through open conferences the means of a free discussion on all subjects bearing on the welfare of the race; third, to present the true history of the race, to preserve its records, and to emulate its distinguishing virtues; fourth, to promote citizenship and to obtain the rights thereof; fifth, to establish a legal department to investigate Indian problems and to recommend and to obtain remedies; sixth, to exercise the right to oppose any movement that may be detrimental to the race; to provide a bureau of information, including publicity and statistics.

In the United States district court at Hartford, Conn., the Buckeye Powder Company of Peoria, Ill., has field a bill of complaint against the Hazard Powder Company, as one of the branches of the Dupont Powder Company, for violations of the Sherman law, in which damages of $1, 119,957.82 are claimed. The defendants are charged with creating a monopoly in the manufacture and sale of certain kinds of powder. One of the material allegations is that the powder trust employed men to enter the Buckeye factory and obtain knowledge of the secrets of the company. There is an additional claim for punitive damages of half a million dollars.

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