The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1906-12-07
THE PRESIDENT
ANNUAL MESSAGE
To LAWMAKERS
Recommends Legislation on
New and Important
Subjects.
INCOME INHERITANCE TAX
He Believes Such Laws Would Curb
Growth of Fortunes to DAN
gerous Proportions.
INCOME . INHERITANCE TAX
lila Views en- Negro Question-Asks
for Currency Reform, and Shipping
BiIl-Wouid Make Citizens OF Japs
MANY Other Important Subjects
Discussed.

Washington, Dec. 3.-President Roose-
yelts message to the second session of
the F1fty-nnth congress deals with
number of new and important subjects,
chief Of which is the government prose-
cution OF the trusts. the abuse of inJunc-
lions 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
lions, a 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:
II again recommend law prohibiting
all corporations from contributing to the
campaign expenses of any party. Such
gress. Let individuals contribute as they
desire; but let us prohibit in effective
fashion all corporations from making
contributions for any political purpose
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
the District of Columbia by act of the
congress. 1t is Of course not proposed
that In any case a verdict for the de-
fendant 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-
dictton an indictment for conspiracy to
obtain rebates has been sustained by
the court. convictions obtained under 1t,
and two defendants sentenced to impris-
onment. The two cases referred to may
not be in real conflict with each other.
.t,tf II n nnfNrtunata that there should
even be an apparent conflict. At pres
emit there Is no way by which the gov
eminent can cause such conflict. when
It occurs. to be solved by an appeal to
O higher court; and the wheels of Justice
arc blocked without any real decision of
the question. l can not too strongly
IA failure to pass will result in seriously
Nhampering the government in its effort
TO obtain justice, especially against
wealthy individuals or corporations who
do wrong; and may also prevent the
government from obtaining justice for
wageworkers who are not themselves
able effectively to contest a 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 certain SO
called labor statute; 1t seems an absurd
ity to permit single district judge.
against what may be the Judgment of
the immense majority of his colleagues
enacted by the congress to be "uncon-
stitutional," and then to deny to the
government the right to have the SUI
preme court definitely decide the ques-
hon."
Evasion by TechnIcalities.
'Tn connection with this matter. would
like to call attention to the very unsat-
tsfactory state of our criminal law, re-
quilting in large part from the habit of
setting aside the judgments of inferior
courts on technicalities absolutely I'M
connected with the merits of the case,
and where there Is no attempt to show
that there has been any failure of sub
etantial Justice. 1t would be well to en-
oct law providing something to the
mo Judgment shall be set aside or new
trial granted in any cause. civil or GRIM
tnai on the ground of misdirection of the
Jury or the improper admission 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 examina-
ton OF the entire cause, 1t shall aftirma-
lively appear that the error complained
OF has resulted in a miscarriage of
Justice
Injunctions.
On the subject of the abolition of in
functions in labor disputes, he says:
"In my last message | suggested the en-
actment Of a law in connection with the
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 abollshing altogether the
use OF injunctions in such cases would
stand the test of the courts; In which
case OF course the legislation would be
ineffective Moreover, 1 believe 1t would
Be wrong altogether to prohibit the use
OF injunctions. 1t Is criminal to permit
sympathy with criminals to weaken our
hands In unfolding the law; and IL 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
way possible But so Tar as possible the
hbuso Of the power should be provided
against By some such law as ! advocated
I'm this matter of injunctlons there is
lodged in the hands OF the judiciary a
necessary power which Is nevertheless
subject to the possibility Of grave abuse
II r. q power that should be exercised
with extreme care and should be sub
Meet to the jealous scrutiny of all men
and condemnation should be melted out
e. much to the Judge who rails to use
who ,uBes IL wantonly or oppresslvely
Of course, a judge strong enough to b
at for his ONCE will entoin any resor
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 no hesitation II
QOkllnK Will 0lnOlaCEs DhN 0lcAC
IiEeWise be no such abuse OF the in
5unctivs power as is implied In forbiddlnl
yaboring men to strive for their own bet
kerment In peaceful and lawful ways
nor must the Injunction be used merell
10 aid some big corporation In carrying
cut schemes for its own ACKNOWLEDGEMENT
Il must be remembered that a prelim
mary Injunction in labor case, 4
granted without adequate proof (ever
when authority can be found to supper
the conclusions of law on which II q
fsundedl. may often settle the disput,
botWeen the parties; and therefore 4
> improperly granted may do irreparabll
WrenGt Yet there are many judges WHIT
assume q mattsr-of-fact course granting
81 a preliminary Injunction 70 be tn
ordinary and proper judicial disposition
81 such cases: and there have undoubt
e1lV been fragrant wrongs COMMITTEES
~ fudrsr IN connection with labor dis
pttes even within the last few years
Nitho I think much less often than Il
Farmer years. Such Judges BY their un
WiSs action immensely strengthen IN
hanl1 Of those who are striving entrei'