New-York tribune., 1906-12-05
MESSAGE.
70 the sennte nnd House Of Representat:rcs !:

MESSAGE.
Ia tbe senate Gnd House of Representatives.
A nation we still continue to enjoy liter
oil, tnrrecedented prosperity, and ii is probable
that only reckless speculation and disregard of
lagirin,9re business methods on the part of the
fnisiness world materially mar this pros
perity -, .
work of Importance than the present Congress.
There We're several matters left unfinished at
,our last session. however. which l most ear
nestlv hope you will complete before your ad-
tournUnnt- ~
r,oratious from contributing TO the campaign
erneIlses Of any party Such bill has already
passed one House OF Con-
corpcration Cam gress. Let individuals
n.inn Contributions. contribute as they desire;
but let us prohibit in eff
,ec,ive fashion all corporations from making
contributions fer any political purpose. directly
Another bill which has just passed one House
# the Congress- and which 1t Is urgently neces-
ssry should be enacted into law. is that con-
ferring upon the govern
Governments Right ment the right of appeal
of 6ppeal in I'm criminal cases on ques-
Criminal Gases. tions of law. This right
exists in many of the
states: Il exists in the District of Columbia by
act of the Congress. 1t IS, of course, not pro-
posed that in any verdict for the de-
fsndant on the merits should be set aside. Re
GENTLY IN district where the government had
indicted certain persons for conspiracy in con-
PENDANTS demurrer. while in another Jurisdic-
iion an Indictment for conspiracy 10 obtain re-
bates has been sustained by the court, convic-
tiuns obtained under IT and two defendants SEN
tenced 10 Imprisonment. The two cases referred
10 NAV not be in real conflict with each other.
but II IS unfortunate that there should even be
en- apparent conflict. AT present there is no way
by which the government can cause such
conflict, when II occurs, TO be solved by an ap-
teal TO a higher court. and the wheels OF JUS
tice blocked without any real decision or the
question ] cannot too strongly urge the pass
age Of the bin In question. A failure 10 pass 1t
will result in seriously hampering the govern
nent in its effort obtain justice. especially
against wealthy individuals or corporations who
do wrong. and may also prevent the govern
rnent from obtaining Justice for wageWorkers
who are not themselves able effectively TO con-
test q case where the judgment OF an inferior
court has been against them. i have specifically
IN view recent decision by district judge
leaving railway employees without remedy for
violation Of a certain so-called labor statute. II
seems an absurdity to permit single district
Judge, against what may be the Judgment Of the
immense majority Of his colleagues on the
bench 10 declare a law solemnly enacted by the
Congress 10 be unconstitutional. and then TO
deny 10 the government the right TO nave the
Supreme Court definitely decide the question
i is we'll TO recollect that the real efficiency
Of the law often depends not upon the passage
Of acts TO which there is great public eH-
element, but upon the passage of acts OF this
nature which there is not much pubic eN-
element. because there is little public under
standing Of their importance. while the inter
ested parties are keenly alive to the deSlrablllty
Of defeating them The importance Of enactlhs
irto law the particular bill in question is further
Increased by the fact that the government has
definitely begun policy OF resorting 10 the
criminal laW in those trust and interstate COM
merce cases where such course offers a rea-
sonable chance Of success Al hrst, as "as
proper. every effort was made to enforce these
laws by civil proceedings; but IL has become IN
creasingly evident that the action of the govern
ment in finally deciding, in certain cases, 10
undertake criminal proceedings was justifiabie,
and. though there have been some conspicuous
had
cesses. which have undoubtedly had deterrent
effect upon evidoers. whether the penalty IN
ficted was I'm the shape Of fine or imprisonment
and penalties OF both KINDS nave alreduy peeii
inflicted by the courts. OF course, where the
Judge can see his way to infct the penalty OF
Imprisonment the deterrent effect of the punish
llcnt on other offenders Is increased; but SUM-
cently heavy fines accomplish much. Judge
Holt, Of the New York District Court in re-
rent decision admira bly, stated the need Tor
treating with Just severity offenders OF this kno
His opinion runs in part as follows;
The governments evidence to establish the de-
tendan'S guilt was clear conclusive ri an! s uI.ais
were ,T,. arceo lie mounts of rebates returned
We're considerable. and the amount OF the rebate
Itself VAS large. amounting 10 more thah one
ffth The entire tariff charge for the transporta-
ti31 of merchandise from This city to Detroit 1t Is
nor too much 20 say in ny opindon mat IL inns fs
on that basis-that Is. II this discriminatory In
N instead q a q cent rate and the tariff rate
was maintained against their compettors-the
their competitors would be driven out of business
This crime is one which in its nature is de-
lDerate and preueditated. 7 think over fort
night elapsed between the date Of Palmers letter
requesting The reduced rate and the answer OF the
railroad company deciding TO grant II, ana theh
Or months afterward this business was carried 20, on
ard 'neF claims for rebates submitted nonth afteT
month afte~ month such violation of the law. in
ny opinion, in its essential nature. Is TerE luch
tn'Te beilous act than the Ordinary common, Nu
gaT crimes which come before criminal courts con
f-autly for punishment and which arise IRON sud
cen passion temptation This crime IN TINS case
vas committed by men of education ana or large
business exuerience. whose standing IN the COM
ranity Vas such that they might nave been ex-
10 tod n eef - exaroe of obedience 10 law. upon