The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-04-20
NEED RECOGNIZED
FOR APPEAL LAW
President IS Message on Humphrey
Packing Trust Decision
Causes a Sensation.
BY W. w. Jermane.

Washington, April 20.-The special
message of the president asking that
congress pass declaratory act, stating
just WHAT'S intended shall be covered
by the Immunity statute, and dealing
vigorously with the decision of Judge
Humphrey in the packinghouse cases in
Chicago, once more focuses house at
tention upon the packinghouse trust,
and it's remarkable escape from Justice.
The subject of this special message
was very carefully thought out by the
president and his advisers, and it was
talked over finally at the cabinet meet
ing on Tuesday,. It is the desire Of the
president to have this decision empha-
size the need there is for having CON
gress give to the government the right
of appeal to the supreme court in all
cases of the nature of the one decided
in Chicago. The house has already an
tlclpated him, however, for on Tuesday
AFTERNOON it passed the appeal bill, in
troduced by Chairman Jenkins of the
Judiciary committee. =.
Prospects Good for Appeal. , .
The bill now goes to the senate,
whose judiciary committee will consider
and it is believed, favorably report it.
The outlook for legislation before the
adjournment of the present session is
very bright.
There is an opportunity to read be-
tween the lines Of the president 8 special
message, and many people who have
followed the clearinghouse cases will
be doing that for several days. When
the president said he hardly believed
any other federal judge could be found
who would indorse that decision, he re-
hected very general opinion among
the members of the two houses OF con-
gress. Representative Martin Of South
| Dakota, whose resolution of inquiry, di-
! recting the bureau of corporations to
investigate the packers, is especially
pleased at the action of the house in
passing the bill referred to.
$50 far as the federal courts are
concerned,' he said today to the
Journal correspondent, "there is no
law excepting what congress specially
provides. The principles and prece-
dents Of the common law, 50 familiar
to persons having business in the state
courts, do not apply to the federal
courts, excepting where congress pro-
vides that they shall do so. ...-
Congress in Doubt.
"The failure of congress to grant
the government the right of appeal in
criminal cases, as decided by Judge
Humphrey, Is the cause OF the admin
istration's present emphatic position,
If that decision could have been
brought to the supreme court, where a
final decision could have been made
then the country in time would know
definitely just what the situation il
with regard to the immunity statute
AS it is, however, it knows nothing
The Humphrey decision may not be in
dorsed by other federal Judges, and il
the differences of opinion thus prevail
ing, congress will not know whether
to amend the immunity act or what
to do. -
The president IS message has created
something of a sensation. It goes afte,
. the matter red-handed, and lets TIL
: country know in plain language jus
! what the administration opinion is O.
the legal ability of Judge Humphrey