The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-04
ANNUAL MESSAGE
President Roosevelt Lays His
Views Before Congress.
Comes Gut for a Tax on Incomes
and Tnheritances.
FAVORS SHIP SUBSIDY.
Declares Hostility Toward Jap
anese Is DiscreditabIe to Us.
Would Have Corporations liz
Censed by Federal Government.
U.ges Congress TO Complete the
Left Over Business.
WANTS NATIONAL LAW
For Regulating Marriage and
Divorce Enacted.
Deals With Capital and Labor
Problem and Lynching.
WANTS NATIONAL LAW
For Regulating Marriage and
Divorce Enacted.
Deals With Capital and Labor
Problem and Lynching.

Washington, Dec. president Roose-
velt today submitted to congress his
annual message which follows:
To the Senate and House OF Represen-
tatives.
As a nation we still continue to enjoy a
literally unprecedented prosperity; and II
and disregard Of legitimate business meth
DDS on the part of the business world can
materially mar this prosperity
good work Of Importance than the pres
ent congress There are several matters
left unfinishd at your last session. how
ever, which most earnestly hope you
-0-stPA-e1 SrA't1 ; 01A - - -s.ss-sr.,-
again recommend laW ProALpilsls s
all corporations from contributing to the
campaign expenses OF any party Such
gress. Let individuals contribute as they
desire: but let prohibit in effective
fashion all corporations from making CON
tributions for any political purpose, di-
rectly or indirectly
Another bill which has just passed one
house of the congress and which 1t is UT
gently necessary should be enacted into
law Is that cCnferring upon the govern
on questions of law This right exists in
many OF the states. it exists IN the Dis
II is of roifrse not pronosed fhat in any
case "A verdict for the defendant the
merits should be set aside. Recently in
one dlstrict where the government had
indicted certain persons for conspiracy in
connection with rebates the court sus-
tanned the defendants demurrer; while
in another jurisdiction AsszaA fl 81 tctment for
conspiracy TO obtain rebates has been
sustained by the court convictions oh
tafned under it, and tw0 defendants sen
tenced 70 iInprlso7rnept. sishes Two cases
referred to may not '5e IN real conflict
with ea ch other. but 1t is unfortunate that
there should even be an apparent conflict.
At present there is no way by which the
government can cause such conflict. when
It occurs, TO be solved by appeal to e
higher court: and the wheels Of Justice
WI a T1T nrf- f1F
the question. can not too strongly urge
the passage of the bin in question. A
failure to pass IL viii result In seriously
hampering the government in its effort to
obtain justice, especially against wealthy
individuals OF corporations who do wrong:
and may also prevent the government
from obtaining justice for wage workers
who are not themselves able effectively 10
contest a case where the judgment of
an inferior court has ben against them. /
by q district judge leaving railway en-
ployes without remedy for violation OF a
certain screamed labor statute. It seems
an absurdity to permit single district
Judge, against what may be the Judgment
on the beneh, to declare law solemnly
enacted by the congress to be unconstitu-
tional. and then to deny TO the govern
definitely decide the question.
It is well to recol1ect tnar the real ef-
dciency Of the law often depends not uDon
great public excitement but upon the
passage of acts of this nature as "a vvhfrn !
there is not much public excitement be- |
cause there is little publGc understanding
OF their Importance, while the interested I
parties are keenly alive to the desira bill 4
ity OF defeating them The Importance Of /
enacttng into law the particular hill in /
that the government has now definitely /
begun policy Of resorting to the criminal 4
snerce cases where such a course offers a /
reasonable chance Of success. At first as 7
force these laws by civil proceedings; but
1T has become Increasingly evident that z
the action Of the government in finally /
deciding, in certain cases, to undertake I
criminal proceedings was justEIa bic. ana (
though there have been some conspicu- /
Gus failures IN theSe cases we have had +
man~ successes. which have undoubtedly /
had a deterrent effect upon eviI-doers |
whether the penalty inflicted was in the
shape of fine or inprtsonment-and pen
aities OF both kinds have already been in /
ffcted by the courts. OF course where the /
Judge can see his way to inf7ict the Den-
altv of imprisonment the deterrent effect
AZ the punishment on other Offenders is
Increased; but sufficiently heavy fines ac- 4
compiish much Judge Holt Of the New
York district court. in recent decision Z
With lust severity ofrenders Of this kind
His opinion runs in part as follows:
A Case in Point.
'eThe governments evidence to establish
sfye. and undisputed- The case was a
Hazrant one. The transa cr.Ons which took
place under this Illegal contract were very
large; the amounts or rebates re rsturned +
were considerable. and the amount or the
rebate itself was large, amounting to
more than one-ffth OF the entire tariff
charge for the transportation OF merchans
disc from this city to Detroit II is nor
too much to say, in my opinion. that If
This business was carried 12l for a consid-
erable time on that basis-that is II this
discrimination in favor Of this particular
r1fpper was made with an Is instead of a
1scent rate and the tariff rate was main
famed as against their competitors-the
result might be and not inprobably would
l,s THAT their competitors would be driv-
~ n51t Of business. This crime is one
which In its nature is deliberate and pre-
mediate I think over fortnight
eiansed between the date Of Palmer s let
fer requesting the reduced rate and the
answer OF the railroad company deciding
~ grant it, and then for months after
v~arfls +hfS business was carried on and
these claims for rebates submitted month
zftar month and checks In payment OF
men. drawn month after month Such a
Violation Of the law. in my opinion. in its
essential nature. is very much more
heinous act than the ordinary common.
srf1lyar crimes which come before Grim
mai courts constantly for punishment and
which come from sudden passion or temp
satson- This crime in this case was COM
r1ffted by men of education and of large
BUSINESS experience. whose standing in the