The Monticellonian., 1906-12-06

OiSCuSScO.
 Washington, Dec 3.-President Roose- velts message to the second session of the Fffty-ninth congress deals with number of new and important subjects. chief of which is the government prose- cution of the trusts. the abuse Of injunc- tions in labor troubles, the negro ques- ton, the preaching of class hatred between capital and labor, additional legis- iation for the control of large corpora tions, federal inheritance and income tax law and currency reform.
 The message opens with a statement of what the last congress left unfinished and of this he says.
 T again recommend law prohibiting all corporations from contributing to the campaign expenses of any party. Such bill has already past one house of con gress. Let individuals contribute they desire; but let us prohibit in effective fashion all corporations from making 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 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 a 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 de1iurreri while in another Juris- dction an indictment for conspiracy to obtain rebates has been sustained by the court, convictions obtained under it. and two defendants sentenced to impris- onment. The two cases referred to may not be in real conflict with each other but 1t Is unfortunate that there should even be apparent conflict. At pres ent there is no way by which the gov ernment can cause such conflict. when t occurs, to be solved by an appeal to q higher court. and the wheels of justice are blocked without any real decision of the question. 1 can not too strongly urge the passage of the bill in question A failure to pass will result in seriously hampering the government in its effort wealthy individuals CT corporations who do wrong; and may also prevent the government from obtaining justice for wsgewerkers 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 with out remedy for violation of a certain called labor statute It seems an absurd ity to permit a single district judge, against what may be the judgment of the immense majority of his colleagues on the bench, to declare law solemnly enacted by the congress to be "uneon- stitutonal," and then to deny to the government the right to have the preme court definitely decide the ques- ton"
 Evasion by Technlcalites.
 "In connection with this matter would like to call attention to the very unsat- isfactory state of criminal law re- sulting in large part from the habt of setting aside the judgments of inferior courts on technicalities absolutely un- connected with the merits of the case. and where there is no attempt to show that there has been any failure of sub stantial justice. It would be well to en- act law providing something to the effect that:
 No Judgment shall be set aside or new trial granted in any cause, civil or crim- inal on the ground of misdrecton of the jury or the improper admission or re 1ection of evidence. or for error as to any matter of pleading procedure unless in the opinion of the court to which the application is made, after an examina- tion of the entire cause, it shall affirma- lively appear that the error complained has resulted in a miscarriage of justice "
 Injunctions.
 On the subject of the abolition of in- functions in labor disputes, he says:
 Tn my last message suggested the en- actment of a law in connection with the issuance of injunctions. attention hay ing been sharply drawn to the matter by the demand that the right of apply ing injunctions in labor cases should be wholly abolished. It is at least doubtful whether a law abolishing altogether the of injunctions in such cases would
 
 case of course the legislation would be ineffective. Moreover. I believe 1t would be wrong altogether to prohibit the use of injunctions. It is criminal to permit sympathy with criminals to weaken our hands in upholding the law. and if men seek to destroy life. or property by mob violence there should be no impairment of the power of the courts to deal with them in the most summary and effective sb3s5 of the power should be proSided 5ed against by some such law as I 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 feet to the jealous scrutiny of all men, as puch to the judge who fails to use 1t boldly when necessary as to the judge who uses it wantonly or progressively. Of course, a judge strong enough to be fit Tor his office will enioin any resort to violence or intimidation, especially by conspiracy. no matter what his opinion may be of the rights of the original quar- rel, There must be hesitation in deating with disorder. But there must ike~tse be no such abuse of the in laboring men to strive for their own bet ternnent in peaceful and lawful ways; nor must the injunction be used merely to aid some big corporation in carrying cut schemes for it's own aggrandizement It must be remembered that a prelim- granted without adequate proof (even when authority can be found to support the conclusions of law which 1t is founded). may often settle the dispute between the parties: and therefore if improperly granted may do irreparabie wrong. Yet there are many judges who assume a matter fact course granting of a preliminary injunction to be the ordinary and proper judicial disposition of such cases: and there have undoubt- edly been fragrant wrongs committed by judges in connection with labor dis putes even within the last few years, altho I think much less often than in former years. Such judges by their un- wise action immensely strengthen the hands of those who are striving entirety