Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1906-12-06


Washington, Dec 3-President Roose-
velts 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-
cution of the trusts, the abuse of injunc-
lions in labor troubles, the negro ques-
ton, the preaching Of class hatred
between capital and labor additional legis-
iation for the control of large corpora
tons, federal inheritance and income
tax lawEe-1d 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
a bill has already past one house of con-
gress. Let individuals contribute as they
desire; but let us prohibit in effective
Fashion All corporations from making
contributions for any political purpose,
directly or indirectly
Another bin which has just past one
house of the congress and which is ur-
gently necessary should be enacted into
law is that comforting upon the govern
ment the right of appeal in criminal
cases on questions of law. This right
exists IN many Of the states 1t exists in
the District of Columbia by act of the
congress. 1t is of course not proposed
that in any case verdict for the de-
aside Recently in one district where
the government had indicted certain per-
sons for conspiracy in connection with
rebates, the court sustained the defend
sRpSB demurrer; while In another juris-
dtction an indictment for conspiracy to
obtain rebates has been sustained by
the court convictions obtained under it.
and two defendants sentenced to impris-
onment The two cases referred to may
not M IN real conflict with each other,
even be an apparent conflict. At pres
emit there Is no way by which the gov
eminent can cause such a conflict, when
It occurs to be solved by an appeal to
a higher court; and the wheels of Justice
are blocked without any real decision of
1.-THE question. | can not too strongly
urge the passage of the bill in question.
A failure to pass will result in seriously
hampering the government In its effort
p@ obtain justice, especially against
wEalyhy 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 case where
the judgment of an inferior court has
been against them. have specifically
in, view a recent decision by a district
judge leaving railway employees with
out remedy for violation of a certain so
called labor statute. II seems an absurd
ity to permit single district judge.
against what may be the judgment of
the immense majority of his colleagues
on the bench to declare a law solemnly
enacted by the congress to be 'uncon-
stitutioEal," and then to deny to the
government the right to have the su-
preme court definitely decide the ques-
ton"
Evasion by Technlcalities.
IN connection with this matter, would
like to call attention to the very unsat-
istactory state Of our criminal law, re-
sulting in large part from the habit of
setting aside the judgments of inferior
courts on technicalities absolutely un-
connected with the merits of the case,
ND xrrfa hare &c M Of 20, ell,
that there has been any failure of sub
stantial justice. 1t would be well to en-
act law providing something to the
mo judgment shall be set aside or new
trial granted In any cause, civil or Grim
inal, on the ground of misdirection of the
Ajury or the improper admission or re-
SECTION of evidence, or for error as to any
matter of pleading or procedure unless,
In the opinion Of the court to which the
ton of the entire cause, II shall affirma-
lively appear that the error complained
OF has resulted in a miscarriage of
justice .
Inlunctlons.
On the subject of the abolition OF in
functions in labor disputes, he says:
I'm my last message | suggested the en-
actrnent of law in connection with the
issuance of injunctions attention hav-
ing been sharply drawn to the matter
by the demand that the right Of apply
Ing injunctions In labor cases should be
doubtful
whether a law abolishing altogether the
use of injunctiOns in such cases would
stand the test of the courts In which
case Of course the legislation would be
be wrong altogether to prohibit the use
of injunctions. IL Is criminal to permit
sympathy with criminals to weaken our
hands ~ UNFOLDING the law; and il men men
seek Aeaestroy life or property by mob
violenfl there should be no impairment
of the power of the courts to deal with
way possible. But so far as possible the
abuse of the power should be provided
against by some such law as I advocated
In this matter of injunctions there is
lodged In the hands of the judiciary a
subject to the possibility of grave abuse
IL is a power that should be exercisa1
with extreme care and should be sub
iect to the jealous scrutiny of all men
and condemnation should be melted ONT
as much to the judge who fails to use
It boldly when necessary as to the Judge
who uses II wantony or oppressiveiy
OF course, a judge strong enough to be
fit for his Office will enjoin any resort
to violence or intimidation, especially by
conspiracy, no matter whac his opinion
may be of the rights of the original quar-
rel There must be no hesitation in
dealing with disorder. But there must
Hkewiss- &c no such abuse of the In
1unctive power as is implied in forbidding
iaboring men TO strive for their own bet
teTment in peaceful and lawful ways:
nor must lhe lhJuhtNloh NC uaeu MERELY
to aid some big corporation I'm carrying
out schemes for its own aggrandl Element
1t must be remembered that a prelim-
mary Injunction in a labor case, IL
granted without adequate proof even
when authority can be found 10 support
the conclusions of law on which II is
foundedD, may often settle the dispute
between the parties; and therefore IL
improperly granted may do irreparable
wgkng. Yet there are many judges who
.as@sume a matter-of-fact course granting
oft<a preliminary injunction TO be the
/. srAIhary and proper judicial disposition
~ such cases; and there have undoubt-
pdiy been fragrant wrongs committed
BY Judges In connection with labor dis
putSs even within the last few years,
.ltho think much less often than In
!9fmef years. sucA tuAgee By thair I'M
es1e ackon iminenaelY atrengthep tna
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