The Idaho Springs siftings-news., 1906-12-08
INCOME : INHERITANCE TAX
He Believes Such Laws Would Curb
Growth Of Fortunes to DAN
gerous Proportions.
His Views on Negro Que stion-Asks
for Currency Reform, and Shipping
eiil-Wouid Make Citizens Of Japs
MANY Other Important Subjects
Discussed.

washington. Dec. S.-President Roose-
~elts message to the second session of
the FIFTY ninth congress deals with a
humber of new and important subjects
chief OF which is the government prose-
cuton of the trusts, the abuse of in iuuc-
tons in labor troubles. the negro ques-
doH. the preaching of class hatred
between capital and labor. additional legs-
katon for the control of large corpora
tions. federal Inheritance and income
tax law and currency reform.
The message opens with 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
Q bill has already past one house of con-
&ress. 4et individuals contribute as they
desire: but let us prohibit in effective
contributions for any political purpose.
directly indirectly.
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
cases on questions of law. This right
exists in many of the states: 1t exists in
congress. 1t is of course not proposed
that in any verdict for the de-
fendant on the merits should be set
the government had indicted certain per
sons for conspiracy in connection with
rebates, the court sustained the defend
ants demurrer: while in another juris-
diction an Indictment for conspiracy to
obtain rebates has been sustained by
the court. convictions obtained under it.
and two defendants sentenced to impris-
onnent. The two cases referred to may
not be in real conflict with each other,
but 1t is unfortunate that there should
even be an apparent conflict. At pres
snt there Is no way by which the gov
ernment can cause such n conflict, when
It occurs. to be solved by an appeal to
. higher court; and the wheels OF justice
are blocked without any real decision of
the question. l can not too strongly
A failure to pass will result in seriously
hampering the government IN its effort
wealthy individuals or corporations who
do wrong: and may also prevent the
government from obtaining justice for
able effectively to contest a 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. 1t seems an absurd
ity to permit single district judge,
against what may be the Judgment of
on the bench. to declare law solemnly
enacted by. the congress to be ''uncon-
stitutional.' and then to deny to the
government the right to have the
preme court definitely decide the Ques-
ton"
I'm connection with this matter. would
like to call attention to the very unsat-
isfactory state of our criminal law.
sulting in large part from the habit of
setting aside the judgments OF inferior
courts technicalitles absolutely un-
connected with the merits of the case
that there has been any failure Of sub
stantial justice. 1t would be well to en-
act a 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
lection OF evidence. or for error to any
matter of pleading or procedure unless,
IN the t opinion OF 9th the eourt n to which the
tion of the entire cause, 1t shall affirma-
lively appear that the error complained
OF has resulted in a miscarriage of
Injunctions.
On the subject OF the abolition Of IN
functions in labor disputes. he says:
'tIn my last message l suggested the en-
actment of law in connection with the
BY the demand that the right Of apply
ing fnjunctions in labor cases should be
WHOLLY abolished II is at least doubtful
whether a law aboNshing altogether the
use of intunctions in such cases would
case Of course the legislation would be
ineffective. Moreover, l believe 1t would
be wrong altogether to prohibit the use
of tnjunctions. 1t is criminal to permit
sympathy with criminals to weaken our
hands in upholding the law; and II men
seek to destroy life or property by mob
Of the power of the courts to deal with
them in the most summary and effective
sbSse Of the power pow r. should be PROVIDED
against by some such law as l advocated
last year.
lodged in the hands of the judiciary a
necessary power which Is nevertheless
subject to the possibility Of grave abuse;
with extreme care and should be sub
1ect to the jealous scrutiny OF all men,
and condemnation 1dh Should bo be ,as meted 20 0at
1t boldly when necessary as to the judge
who uses it wantonly or oppressyely.
Mt for his office will enjoin any resort
to violence or intimidation, especially by
conspiracy, no matter VIII, What IBIS ms opinion
rel. There must be no hesitation in
dealing with disorder. But there must
likewise be no such abuse Of the in
iaboring men to strive for their. own bet
terment in peaceful and lawful ways:
nor must the injunction be used merely
out schemes for its own ACKNOWLEDGEMENT.
Il must be remembered that prelimice
sranted Without adequate proof (even
when authority can be found to support
she conclusions Of law on which IT is
founded, may often settle the dispute
between the parties: and therefore II
improperly granted may do irreparable
wrong. Yet there are many Judges who
assume a matter-of-fact course granting
OF a preliminary injunction to be the
ordinary and proper judicial disposition
ol o. such cases: and there have undoubt,
soly been fragrant wrongs committed
BY Judges in connection with labor dis
Intes even within the last few years,
Former years. Such Judges by their un-
Ztse action immensely strengthen the
sends e those who are striving entirely