The midland journal., 1906-12-07

est TO the w UO10 OOL0UAJ'
The following is the substance OF
the annual message of President
Roosevelt to Congress, as read in bot'l
houses:
Introductory.
To the Senate and House of Repres-
entatives:
AS a nation we still continue to en-.
joy literally unprecedented prosper
ity; and it is probable that only reck-
less speculation and disregard of Egi-
innate business methods on the part
of the business world can materially
mar this prosperity.
No Congress in our time has done
more good work of Importance than
the present Congress. There were
several matters left unfinished at
your last session, however, which I
most earnestly hope you will COM
plete before your adjournment. :
Corporation Campaign Contributions
l again recommend a law prohib-
iting all corporations from contribu-
ting to the campaign expenses of any
party. Such a bill has already past
one House of Congress. Let indivi-
duals contribute as they desire; but
let us prohibit in effective fashion all
corporations from making contribu-
tions for any political purpose, di.
rectly or indirectly.
Governments Right to Appeal in
Criminal Gases.
Another bill which has past one
House of the Congress which it is
urgently necessary should be enacted
into law is that comforting upon the
Government the right of appeal in
criminal 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. It
is Of course not proposed that in any
case verdict for the defendant on
the merits should be set aside. Re-
Gently in one district where the Gov
ernment had indicted certain persons
for conspiracy in connection with re-
bates, the court sustained the defen-
dant's demurrer; while in another ali
Indictment for conspiracy to obtain
rebates has been sustained by the
court, convictions obtained under it,
ard two defendants sentenced to i'm
prisonment. The two cases referred
tc may not be in real conflict with
each other, but it is unfortunate thai
there should even be an appearent
conflict. At present there is no way
by which the Government can cause
such 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 the ques-
tlon. l can not too strongly urga
the passage of the bill in question.
A failure to pass it will result in
seriously hampering the Government
IN its effort to obtain justice, espec-
tally against wealthy individuals or
corporations who do wrong; and may
also prevent the GoYernn III from OBJ
tanning justice for wageworkers who
are not themselves able effectively to
contest case where the Judgment of
an inferior court has been against
them. l have specifically in view a
recent decision by a district judge
leaving railway employees without
remedy for violation of certain So
called labor statute. 1t seems an abb.
surdity to permit a district iuedg
against what may be the Judgment
oil the immense majority of his col
leagues on the bench, to declare i
policy of resorting to the criminal
law solemnly enacted by the Congress
to be Unconstitutional" and then
to deny the Government the right to
have the Supreme Court definitely
decide the question.
1t is well to recollect that the real
efficiency of the law often depend,
not upon the passage of acts as to
which there is great public excite
ment, but upon the passage of acts of
this nature as to which there is not
much public excitement, because there
is little public understanding of their
Importance, while the interested par
ties are keenly alive to the desira-
bility of defeating them. The impor-
tance of enacting into law the par
ticular bill in question is further in
creased by the fact hat the Govern
ment has now definitely begun a
law in those trust and interstate
commerce cases where such a course
offers reasonable chance of success
Setting Aside of Judgments and
Granting of New Trials.
In connection with this matter,
would like to call attention to the
very unsatisfactory state of our cirm
inal law, resulting in large part from
the habit of setting aside the judg.
ments of inferior courts on technical
tiles absolutely unconnected with tn;
merits of the case, and where there
is no attempt to show that there ha,
e. L