The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-12-06
Legislation on
New and Important
Subjects.
INCOME INHERITANCE TAX
He Believes Such Laws Would Curb
Growth Of Fortunes to DAN ]
gerous. Proportions.

for Currency Reform, and Shipping
6ilI-WouId Make Citizens Of Japs
MANY Other important Subjects
Discussed. :
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,
chief of which is the government prose
cution of the trusts, the abuse of injunc-
tons in labor troubles, the negro ques-
ton. the preaching Of class hatred
between capital and labor, additional legis-
lation for the control of large corpora
tons, a 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
~ again a law prohibiting
all corporations from contributing to the
campaign expenses of any party. Such
a bill has already past one house of con-
gress. Let individuals contribute as they
desire; but let us prohibit in effective
f fanflGn all corporations orr rnI no, from making
directly or indirectly.
Another bill which has just past one
house OF the congress and which is ur-
law is that conferring upon the govern.
ment the right of appeal in criminal
cases on questions of law. This right
exists in many Of the states; it exists in
congress. 1t 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
diction an indictment for conspiracy to
obtain rebates has been sustained by
the court, convictions obtained under it,
onment. The two cases referred to may
not be in real conflict with Zach other,
but it is. unfortunate that there should
even be an apparent conflict. AT pres
eminent can cause such a conflict, when
1t occurs, to be solved by an appeal to
a higher court; and the wheels Of Justice
urge the passage Of the bin in QUESTION.
A failure to pass will result in seriously
to obtain justice, especially against
wealthy individuals or Corporations who
DO wrong; and may also prevent the
wagaworkers who are not themselves
able effectively to contest a case where
the Judgment of an inferior court has
In view a recent decision by a district
Judge leaving railway employees with
out remedy for violation of a certain so
i as7'e 70 'a permit ftas a Single Il Ses dis5r aa a5 jadEe,
the immense majority Of his Colleagues
on the bench, to declare a law solemnly
enacted by the congress to be 'uncon-
stitutional,' and then to deny to the
government the right to nave the SUI
prene court definitely decide the ques-
ton"
Evasion by Technicaiities.
"In connection with this matter. l would
like to call attention to the very unsat-
isfactory state of =, our criminal nal lay: re-
setting aside the judgments Of inferior
courts on technicalities absolutely I'M
connected with the merits of the case,
that there has been any failure of SUBJ
stantial Justice. 1t would be well to en-
act a lay providing something to the
NO Judgment shall be set aside or new
trial granted in any. cause, civil or GRIM
inal, on the ground Of misdirectiOn of the
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 All eXamina-
ton of the entire cause, it Shall af1lrma-
lively appear that the error complained
Oh has resulted in Il miscarriage OF
justice"
lnjunctions.
On the subject of the abolition of in
functions in labor disputes, he says:
'In my last message I suggested the en-
actmen of a law In connection with the
i%ssuanc Of injunctions. attention hav-
ing been Ge, SHARPLY hs drawn ,Ss r to the matter
ing injunctions in labor cases should be
wholly abolished. It is at least doubtful
whether q law abolishing altogether the
stand the test of the courts; in which
case of course the legislation would be
ineffective. Moreover, I believe it would
be wrong altogether to prohibit the use
of injunctions. 1t is criminal to permit
sympathy With criminals to weaken our
hands IN uph" ,tin& the law; and if men
violence there should be no impairment
of the power OF the courts to deal with
them in the most summary and effective
way sn,3as po of the p BOW SO should iar ID be besS proSid Iea
against by some such law as advocated
last year.
lodged in the hands of the judiciary a
necessary power which is nevertheless
subject to the possibility OF grave abuse.
1t is a power that should be exercised
ject to the Jealous scrutiny of all men.
and condemnation should be melted out
as much to the Judge who fails to use
it boldly when necessary as to the judge
who uses it wantonly or oppressively.
OF course. II Judge strong enough to be
fit for his office will en5oin any resort
TO VlOleHte " tulilllluoklOh, SSpGSIdty ny
conspiracy, no matter what his opinion
may be of the rights of the original quar-
rel. There must be no hesitation in
dealing with disorder. But there must
iikewise be no such abuse of the in
junctive power as is implied in forbiddinS
Iaboring men to strive for their own bet
terment in peaceful and lawful ways;
nor must the injunction be used merely
to aid some big corporation in carrying
out schemes for it's own ACKNOWLEDGEMENT.
1t must be remembered that a prelim-
mary injunction in a labor case, If
granted without adequate proof (even
When authority car be found to support
the conclusions of law on which it is
founded), may often settle the dispute
Improperly granted may do irreparable
wrong. Yet there are many judges who
assume a matter-of-fact course granting
OF a preliminary injunction to be the
ordinary and proper, judicial disposition
of such cases: and there have undoubt-
eddy been fragrant wrongs committed
putes even within the last few years,
altho I think much less often than in
II ,;a Ia, aI,v .t,a,atIa, tia