Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1906-12-07
THEPRESDENT's
ANNUAL MESSAGE !.
TO LAWMAKERS
F. Recommends Legislation on
New and important
/: Subjects. goo
INCOME, INHERITANCE TAX
He'Bslieves Such Laws Would Curb
80 Growth Of'FOrtunes to DAN
gerOus Proportions.
INCOME INHERITAACE TAX
He Views on Negro cuestion--Asks
for Currency Reform, and Shipping
elIi-Would Make Citizens Of Japs
MANY Other Important Subjects
Discussed.

90
washington. Dec. 3.-President Roose-
Velt's message to the second session of
The Fifty-ninth congress deals with a
number of new and important subjects,
!chler Oh which is the government prose-
cution OF the trusts, the abuse of injunc.
tons in labor troubles, the negro cues
uon, the preaching of class hatred
between capital and labor, additional Iegis-
, lation for the control of large CORPORA
hons, a federal inheritance and income
tax law and currency reform.
J The message opens with a statement
OF what the last congress left unfinished.
, and of this he says;
= again recommend a law prohibiting
all corporations from Contributing TO the
campaign expenses of any party. Such
Dill mas already past one house of con-
'greSs. Let individuals contribute az thew
oeslre; but let us prohibit in effective
fashion all corporations from making
contributions for any political purpose,
directly or indirectly
Another. bill which has Just past one
mouse OF the congress and which is ur-
gently necessary Should be enacted into
ment the right of appeal in criminal
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. II Is of course not proposed
that In any case 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 juris-
dlctlon an indictment for conspiracy to
Obtain rebates. has been sustained by
the court, convictions obtained under il.
and two defendants sentenced to impris-
eminent The two cases referred TO may
not be In real conflict with each other.
but It Is unfortunate that there should
even be an apparent conflict. At nres-
o ent there is no way by which the gov
eminent can cause such Q conflict, when
It occurs, 70 be solved by an appeal to
higher court; and the wheels Of Justice
are blocked without any real decision of
urge tho passage Of the bill In question.
A failure to pass will result In seriously
hampering the government in its effort
q 10 obtain justice, especially against
! wealthy individuals or corporations who
do wrong; and may. also prevent the
government from obtaining justice FOR
waSeWorkers who are not themselves
able effectively to contest case where
the Judgment of an inferior court has
oeen 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. "a seems an absurd
ity to permit q single district Judge,
against what may be the Judgment OF
the immense majority of his colleagues
on the bench, to declare a law solsmnly
enacted by the congress to be "uncon-
stitutional,' and chen to deny to the
government the right to have the SUI
premee court definitely decide the 'ques-
ton"
o, Evasion by TechnlcaIities.
-"In connection with this matter. I would
like to call atteatiOn to the very unsat-
isfactory state of our criminal law, rs-
sulting in large part from the habit of
setting aside the judgments of Inferior
, courts on technienliSieS absolutely un-
connected with the merits of the, case.
and where there is no attempt to show
that there has Been any failure Of SUBJ
stantial Justice. 1t would be well to en-
act a law providing something to the
effect that: 90 -
NO Judgment shah be set aside or new
trial granted in any cause. civil or Grim
inal, on the ground Of misdrection of tine
jury or the improper Gdmission 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 examine
ton Of tde entire. cause, it shall affirma-
q lively appear that the error complained
oil has resulted Gin a miscarriage Of
Justice"
Injunctions.
On the subject of the abolition af In
/; functions in labor disputes, he saws.
TN my last message suggested the en-
actment of a law in connection with the
issuance Of injunctions. attention hay-
o Ing been sharply drawn to the matter
Q BY the demand that the right of apply
Ing in1unctons in labor cases should be
wholly abolished. Il Is at least doubtful
whether law abolishing altogether the
use of sinjunctions in such cases would
stand the test Of the courts; IA which
case Of course the legislation would be-
ineffective. Moreover, | believe II would
be wrong altogether to prohibit the use
Of 'injunctiOns. 1t is criminal to hermit
sympathy with criminals to weaken our
hands in unfolding the law; and If men
seek to destroy lifs 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 elective
way possible. But so far as possible the
abuse Of the power should be provided
against by some such law as | advocated
last year.
In this matter of injunctions therA In
lodged in the hands Of the judiciary A
necessary power which is nevertheless
subject to the possibility OF grave abuse.
II Is a power that should be exercised
with extreme care and should be sub
1ect to the jealous scrutiny of ali men
and Condemnation should be melted Out
as much to the Judge who fails 10 use
1t boldly when necessary as to the Judge
who uses 1t wantonly or ,opnress3Iei,
OF course. "a judge strong enough IN he
fit for his ONCE will enJoin any rssort
to violence or intimidation. especially, hv
conspiracy, no matter what his oninion
may be OF the rights Of the original quar-
REL There must be no hesitation IN
dealing with disorder But there Soust
likewise be no such abuse of the in.
tunctlve power as Is implied in forbiddinv
laboring men to strive for their own bats
terment In peaceful and lawful vays.
nor must the Injunction be used mersIv
to aid some big corporation In Carving
out schemes for its own ACKNOWLEDGEMENT
It must be remembered that a prelim-
mary Injunction In . labor case. IL
granted without adequate proof (eyen
when authority can be found to support
the, conclusions Of law on which Ii n
ioundedD, may often settle the DISPUTE
between the parties: and therefore n
Improperly granted may do irreparable
wrong. Yet there are many judges who
assume mattsr-of-fact course Granting
Of preliminary Injunction to be the
ordinary and proper judicial disposition
OF such cases: and there have 'undoubt-
Sdly been fragrant wrongs Committed
oy Judges In connection with labor DIS
p p'.Ss even within the last few years.
former years: Such judges by their un-
wise action immensely. strengthen the
hands OF those who are striving entirely