The Globe-republican., 1906-12-06
THEPRES|DENT's
ANNUAL MESSAGE
! TO LAWMAKERS
Recommends Legislation on
# New and Important ~
W Subjects. 6 81
INCOME . INHERITANCE TAX.
He Believes Such Laws Would Curb
Growth Of Fortunes to Dan
M gerous Proportions.
INCOME INHERITANCE TAX.
Ills Views on Negro Questlon--As<s
Tor Currency Reform, and Shipping
BiII--WouId Make Citizens Of Japs
--Many Other important Subjects
Discussed. ~~ Adv

A% go .fag
Washington, Dec. S-President Roose
velt's. message to the second session 0
the Fifty-nlnth congress deals with
numper or new and important subjects
,chief or which Is the government prose
euti0n OF the trusts, the abuse Of injunc
lions In labor troubles, the negro ques
tion,e the preaching of class hatred
between capital and labor, additional legs
tation for the control of large corpora
tiona, federal Inheritance and income
tax law and currency reform.
The message opens with statement
Of what the last congress left unfinished
and ~ this he says:
II again recommend law prohibiting
al corporations from contributing to the
campaign expenses of any party. Such
blu 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 UE fTg
Another bill 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. It Is of course not proposed
that In any case a verdict for the de-
PENDANT 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 jurls-
+dictien an indictment for conspiracy to
Iobtain rebates has been sustained by
che court, convictions obtained under It,
icnd two defendants sentenced to impris-
Torment. The two cases referred to may
mot be In real conflict with each other.
lbut Il ID unfortunate that there should
even be an apparent conflict. At pres
lent there Is no way by which the gov
ternnent can cause such conflict, when
ut occurs. to be solved by an appeal to
higher court; and the wheels Of Justice
ARE blocked without any real decision of
the question. | can not too strongly
kurge the passage Of the bill In question.
IA failure to pass will result in seriously
lhampering the government in its effort
WEALTHY individuals or corporations who
do wrong; and may also prevent the
government from obtaining justice for
Hwageworkers who are not themselves
able effectively to contest a case where
the Judgment Of an inferior court has
Fbeen against them. ] have specifically
in view a recent decision by a district
Judge. leaving railway employees with
TOUT remedy for violation of certain So
called labor statute. 1t seems an absurd
ftty to permit a single district Judge,
AGAINST what may be the Judgment OF
the immense majority Of hts colleagues
on the bench, to declare law soemnly
enacted by the congress to be "uncon-
sututional." and then to deny to the
government the right to have the SUI
preme court definitely decide the ques-
hon."
Evasion by TechnlcaIities.
''In connection with this matter would
uke to call attention to the very unsat-
,sfactpry state Of our criminal law, re-
sulting in large part from the habit Of
setting aside the judgments of inferior
courts on technicalities absolutely I'M
connected with the merits of the case,
And where there Is no attempt to show
that there has been Any failure of sub
StantiRl justice. 1t would be we'll to en-
act q law providing something to the
Ne judgment shall be set aside or new
trial granted In any cause, civil or Grim
inal. on the ground Of misdirection of the
Jury or the improper admission or re-
lection OF evidence or for error as to any
matter Of pleading or procedure unless,
In the opinion Of the court to which the
application Is made, after an exanina-
ton Of sthe entire cause, 1t shall affirma-
lively appear that the error complained
Of has resulted In a miscarriage OF
justicss {fTf9ri
d. ~ lnjunctlons. 90 ~ f5A :
On TIE subject of the abolition or md
auncti0ns In labor disptites, he Says
I "In my last message / suggested the en-.
ectment of law in5connection with the
tssuafTs of iHjunctions, attention havl
Ing b6eh sharply drawn to the matter
BY thesdemand that the right OF apply-tl
ting ii1tnnctions In labor cases should be |
wholly abolished, It Is at least doubtful
whettlsf law abolishipg altogether fhe
use pEfinjunctions in such cases would
stand the test Of the courts: in whlcf)I
pase OIL course the legislation would be
ineffective. Moreover, believe 1t would
BE- wrong altogether to prohibit the use
sympathy with criminals to weaken our |
hands In unfolding the law; and il men
leeek to destroy life or property by mob
l~lolence there should be no impairment |
Eef thy power q the courts to- deal with
Khem8in the most summary and effective
abuse Of the power should be provided |
against By some such law as advocated
lin this smatter 81 inJuhctions there IA
neceshary power which is nevertheless
subject to the possibility of grave abuse. |
IT IL q power that should be exercised |
with lextrerne care and should be sub |
Nect 10 the jealous scrutiny of all men,
and Condemnation should be melted Out |
~ mich to the Judge who fails to use
Il boldly when necessary as to the Judge
who uses 1t wantonly or oppressiyeiy /
OF course, q Judge strong enough TO- be
at for his once will enjoin any fesort /
10 violence or intimidation, especially by
no matter what his opinion /
may be OF the rights Of the original QUAR-
gel There must be no hesitation in
dealing with disorder. But there must \
likewise be no such abuse of the in
5uncttye power as 10 implied In forbidding
taborfng meh. to strive for theirso wn bet. y
keFmeht Ii peaceful and lawful ways, h
nor must the Injunction be used merely
20 AID some big corporation In carrying
cut schemes for ItsfOwn RgkrandizemeIif T
n mubt be remembered that a preIlm-
hrttgy injunction In a labor case. II 4
granted without adequate proof 1even
when authority can be found to support
founded. may often settle the dispute A
petwe5n the parties: and therefore IL
Improperly granted may do irreparable
wrong Yet there are many Judges who'll
assume q matter-of-fact course granting
sf q preliminary injunction to be the Z
erdinAfy and proper judicial disposition
III such cases; and there have fundoubt-
IDLY BEEN fragrant wrongs committed
by Judges In connection with labor dis
Dutes even within the last few years
Aith0 4 think much less often than in
'ernef years. Such judges BY their I'M
yia6 action immensely strengthen the
IaNee ef th0se WIG ere striving entirely