State of the Union AddressesTaft, William H. (William Howard)
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State of the Union Addresses
Taft, William H. (William Howard)
Presidents -- United States -- Messages; United States -- Politics and government -- Sources
I am glad to bring to the attention of Congress the fact that the Supreme
Court has radically altered the equity rules governing the procedure on the
equity side of all Federal courts, and though, as these changes have not
been yet put in practice so as to enable us to state from actual results
what the reform will accomplish, they are of such a character that we can
reasonably prophesy that they will greatly reduce the time and cost of
litigation in such courts. The court has adopted many of the shorter
methods of the present English procedure, and while it may take a little
while for the profession to accustom itself to these methods, it is certain
greatly to facilitate litigation. The action of the Supreme Court has been
so drastic and so full of appreciation of the necessity for a great reform
in court procedure that I have no hesitation in following up this action
with a recommendation which I foreshadowed in my message of three years
ago, that the sections of the statute governing the procedure in the
Federal courts on the common-law side should be so amended as to give to
the Supreme Court the same right to make rules of procedure in common law
as they have, since the beginning of the court, exercised in equity. I do
not doubt that a full consideration of the subject will enable the court
while giving effect to the substantial differences in right and remedy
between the system of common law and the system of equity so to unite the
two procedures into the form of one civil action and to shorten the
procedure in such civil action as to furnish a model to all the State
courts exercising concurrent jurisdiction with the Federal courts of first
instance.
Under the statute now in force the common-law procedure in each Federal
court is made to conform to the procedure in the State in which the court
is held. In these days, when we should be making progress in court
procedure, such a conformity statute makes the Federal method too dependent
upon the action of State legislatures. I can but think it a great
opportunity for Congress to intrust to the highest tribunal in this
country, evidently imbued with a strong spirit in favor of a reform of
procedure, the power to frame a model code of procedure, which, while
preserving all that is valuable and necessary of the rights and remedies at
common law and in equity, shall lessen the burden of the poor litigant to a
minimum in the expedition and cheapness with which his cause can be fought
or defended through Federal courts to final judgment.
WORKMAN'S COMPENSATION ACT
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