Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1906-12-06
THEPRES|DENT'S
ANNUAL MESSAGE
To LAWMAKERS
Recommends Legislation on
New and Important
Subjects.
INCOME -|HHER|TANcE TAX
He Believes Such Laws Would Curb
Growth Of Fortunes to DAN
gcrous Proportions.
INCOME INHERITANCE TAX
His Views on Negro Question-Asks
for Currency Reform, and Shipping
Bill-WouId Make Citizens of Japs
MANY Other lmportan: Subjects
Discussed,

DlSCUSSGd.
washington, Dec. 3.-President Roose-
Velt's message to the second session of
the FIFTY ninth congress deals with a
number Of new and important subjects,
chief of which is the government prose
cutlon Of the trusts the abuse of injunc-
tons in labor troubles, the negro ques-
ton, the preaching OF class hatred
between capital and labor, additional legis-
latlon for the control of large corpora
lions. d federal Inheritance and income
TAX law and currency reform.
The message opens with a statement
Of what the last congress left unfinished.
and Of this he says:
Il again recommend a law prohibiting
all corporations from contributing to the
campaign expenses of any party. Such
bill has already past one house of con-
Srcsi. Let individuals contribute as they
tr.Ire; but let us prohibit in effective
fashion all corporations from making
contributions for amy political purpose
directly or Indirectly.
mousse OF the congress and which is ur-
gently necessary should be enacted Into
law is that comforting upon the govern
cases on questions Of law This right
exists in many Of the states; it exists in
the District Of Columbia by act Of the
congress. 1t is of coarse not propose ed
that IN any case verdict for the de-
fendant ON the merits should be set
aside Recently, in one district where
the government had indicted certain per
sons for conspiracy in connection with
rebates. the court sustained the defend
ants demurrer: while in another juris-
dirt1On an Indictment FOR conspiracy to
01taln rebates has been sustained by
the court, Convictions obtained under it,
ana two defendants sentenced to impris-
not be in real conflict with each other
but it is unfortunate that there should
cen be an apparent conflict. At pres
ont there is no way by which the gov
eminent can cause such a conflict, when
1t occurs. to be solved by an appeal to
a higher court and the wheels Of justice
are blocked without any real decision of
the question. can not too strongly
urge the passage Of the bill in question.
a failure to pass will result in seriously
to pntn5 the n its etfor
wealthy individuals or Corporations who
do wrong; and may also prevent the
government from obtaining justice for
WAseworkers who are not themselves
able effectively to contest a case where
the Judgment OF an inferior court has
been Mas against ao 1hem nave specifically
judge leaving railway employees with
out remedy for violation OF a certain So
called labor statute: 1t seems an absurd
1ty to permit a single district judge
the immense majority of his Colleagues
on the bench, to declare a law soe.nnly
stitutional," and then to deny to the
government the right to have the su-
pre.ne court definitely decide the ques-
lion"
Evasion by Technicaities.
ON connection with this matter, would
like to call attention to the very unsat-
isf@ctory state of our criminal law, re-
sulting in large part from the habit Of
setting aside the judgments of inferior
courts on technicalities absolutely IN
connected with the merits of the case
and where there is no attempt to show
that there has been any failure of sub
stantial justice. 1t would be we'll to en-
act a law providing something to the
effect that:
NO judgment shall be set aside or new
trial granted In any cause, civil or Grim
inal, on the ground of misdirecton of the
lection of evidence, or for error as to anv
matter Of pleading or procedure unless
in the opinion of the court to which the
application is made, after an examina-
ton Of the entire cause, it shall affirma-
lively appear that the error complained
o. has, resulted in a miscarriage of
justice "
Injunctions.
On the subject of the abolition of in
functions in labor disputes, he says:
actment of law in connection with the
Issuance Of injunctions, attention hay
ing been sharply drawn to the matter
ing injunctions in labor ca SEES should be
wholly abolished. 1t is at least doubtful
whether a law abolishing altogether the
use of injunctions in such cases would
case of course the legislation would be
ineffective. Moreover, l believe it would
be wrong altogether to prohibit the use
of injunctiors. 1t. is criminal to permit
sympathy VII" criminals to weaken our
hands in. u 8 the law; and if men
seek to desire; lie or property by mob
of the power o. the courts to deal with
them in the most summary and effective
way possible. But so far as possible the
abuse of the power should be provided
against by some such law as I advocated
last year.
In this matter of injunctions there is
necessary power which is nevertheless
subject to the possibility of grave abuse.
1t is power that should be exercised
with extreme care and should be sub
ject to the jealous scrutiny OF all men
and condemnation should be melted out
as much to the judge who fails to use
it boldly when h ry as to the judge
OF course, a judge strong enough to be
TIT for his office will er-join any resort
to violence or intimidation, esnecal!y by
may be of the rights Of the original quar-
rel There must be hesitation in
dealing With disorder. But there must
likewise be no s,:ch abuse of the IN
junctive oower as is implied in forbid dine
laboring men to strive for their own bet
terment in peaceful and lawful WAYS:
nor must the Injunction be used merely
to aid some big corporation in carrying
out schemes for it's own ACKNOWLEDGEMENT
1t must be remembered that a prelim-
inary INJUNCTION in a labor case, if
granted without adequate proof (even
when authority can be found to support
dhe conclusions of law on which it is
f. 'ndcd), may often settle the dispute
Tc: ween the parties; and therefore if
improperly granted may do irreparable
" so. Yet there are many judges who
ee~,nne a matter-of-fact course granting
I preliminary injunction to be the
= ;",ary and proper judicial disposition
~0f 'uc. cases: and there have undoubt-
* ~ boon fragrant wrongs committed
= i':H;;os in connection with labor dis
gees even within the last few years,
- | TANK muCn less often than IN
years. Such judges by their I'M
action immensely strengthen the
~. 90. hose who are striving entirely