The Montgomery advertiser., 1906-12-05

WaBltnBIOns O6Cs AiN
 the President was read at noon 10 both houses. The reading was com- pleted at 250 o'clock.
 The massage was as follows:
 To The Senate and House of Repre1
 As nation We still continue to en- foy a literally unprecedented prosper Ity; and it is probable that only ix reck- less speculation and disregard or leslts Innate business methods on the part oL the business world can materially mar
 No Congress in our time has done more good work of importance than inc nresent Congress. There were sew eraI matters left unfinished at your last session, however which l most earnestly hope you wMl complete De- fore your adjournment.
 Corporation Campaign Contributors.
 again recommend law prohibiting all corporations from contributing to the campaign expenses of any party, Such bill has already passed one House of Congress. Let indtviduais contribute as t-.ey desire; but let us prohibit in effective fashion all corpor- ations from making contributions for any politica! purpose. directly or in-
 Appeals in Criminal Cases.
 Another bill which has just passed one House of the Congress and which 1t is urgently necessary should De enacted into law is that conferring up- on the government the right of appeal in criminal cases on questions or law. This right eXlSIS Tn many or Lu6 Sl&tCSt ii exists in the District of Columbia by act of the Con gress. It Is of course not proposed that in any case verdict for the defendant on the merits should he set aside. Recently in one district where the government had indicted certain persons for conspiracy in con- taine1 the defendants demurrer; while in another Jurisdiction an indictment for conspiracy to obtain rebates has been sustained by the court convic- tions obtained under it, and two de- fendants sentenced to imprisonment. The two cases referred to may pot be in real conflict with each other, but 1t is unfortunate that there should even be an apparent conflist At pres ent there Is no way by which tho gov ernment can cause such conflict, when it occurs, to he solved by an ap- peal to higher court; and the wheels of justice are blocked without any not too strongly urge. the passage of the bill in question. failure to pass tt will result in seriously hampering the government in its effort to obtain justice, especially against wealthy in dviduals or corporations who do wrong; and may also prevent the gov 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 district judge leaving railway employees without remedy for violation or certain So-called ldDOr SLaLuLe. IL seems an absurdity to permit a single district judge, against what may be the judgment of the immense majority of his colleagues on the bench. to de clare a law solemnly enacted by the Congress to be "unconstitutional," and then to deny to the government the right to have the Supreme Court defi nitely decide the question.
 1t is well to recollect that the real efficiency of the law. often depends not upon the passage of acts as to which iG nnh1ic nxriRen7enf hut upon the passage of acts of this nature as to which there is not much public lie understanding of their importance. while the interested parties are keenly alive to the desirability of defeating them The importance of enacting in- is further increased by the fact that the government has now definitely be- gun policy of resorting to the crimi- nal law in those trust and interstate commerce cases where such a course offers a reasonable chance of success. At first. as was proper, every effort was made to enforce these laws by civil proceedings; but it has become in. cerasingly evident that the action of certain cases, to undertake criminal proceedings was justifiable; and though there have been some conspic- nous failures in these cases, we have had many successes. which have un- doubtedly had a deterrent effect upon evil doers, whether the penalty inflic- feQ was III the SudpG Ol lAltC Oi prisonment-and penalties of both kinds have already been inflicted by the courts. Of course, where the Judge can see his way to fnflict the penalty of imprisonment the deterrent effect of the punishment on other offenders Js increased: but sufficiently heavy fines accomplish much. Judge Holt, of the New York district court, In re- rent deciison admirably stated the need for treating with just severity otfen- ders of this kind. HIS oplnlon runs In rf a follows.
 'STbe governmeut's evidence to es- tablish the defendants guilt was clear which took place under this Illegal contract were very large; the amounts of rebates returned were considerable and the amount of the rebate itself was large, amounting to more than one-fifth of the entire tariff charge from this city to Detroit. It is not too much to say, in my opinion, that r this business was carried on for con siderable time on that hasis-tha Is, if this discrimination in favor of this particular shipper was made with an eghteen instead of twenty-three cent rate and the tariff rate was maintained as against their competitors-the re- suit might be and not improbab!y would be that their competitors would be driven out of business. This crime is one which in it's nature is deliberate and premeditated. I think over a fort night elapsed between the date of Pal
  rate and the answer of the railroad company deciding to grant it, and then for months afterwards this business was carried on and these claims for rabates submitted month after month and checks in payment of them drawn month after month Such violation or the law, in my opinion, in its es- eeutial nature. is a very much more heinous act than the ordinary comlhon' vulgar crimes which come betore crlin. jnaI courts constantly for punlshmeht and which arise from sudden passion or teutptation. This crime in thls ease was committed by men or educatloI and of large business experience, whose standing in the community was such thai they might have been expected t' set an example of obedience to law. upon the maintenance of which aione in this country the security or thel pronerty depends It was committed on behalf of great railroad corpor' ation which, like other railroad cor porations has received gratuitouslH from the State large and valuable priv 5leges for the public's convenience anc its own which performs quasi publlC functions and which is charged Wlth the highest obl gation in the transac- tion of its business to treat tho cltt- Zens of this country alike. and not to carry on it's business with unjust dis- crirninations between different citizen! or different classes of citizens This crime in its nature is one usually don
 with secrecy. and proof of which it is very difficult to obtain. The inter state commerce. act was passed in lSSI. nearly twenty years ago, Ever since that time complaints of the granting of rebates by railroads has been com mon. urgent and insistent, and al 4bo,,ph the Congress has renRatedelA