Custer County Republican. (Broken Bow, Neb.) 1882-1921, 1906-12-06
THE PRESIDENTS
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.
HE Views on Negro estion--Asks
for Currency Reform, and Shipping
6iII-WouId Make Citizens of Japs
MANY Other Important Subjects
Discussed.

Washington, Dec. 3.-President Roose-
velts message to the second session of
the Fffty-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-
lions in labor troubles, the negro ques-
ton, the preaching of class hatred
between capital and labor, additional legis-
tation for the control of large corpora
tons, 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:
81 again recommend law prohibiting
Gil corporations from contributing to the
campaign expenses of any party. Such
q bill has already past one house of con-
gress. Let individuals contribute as they
desire; 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
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; it exists in
the District of Columbia by act of the
congress. 1t is of course not proposed
that in any case n verdict for the de-
PENDANT on the merits should be set
the government had indicted certain per-
sons for conspiracy in connection with
rebates, the court sustained the defend
hints demurrer; while in another juris-
ELECTION an indictment for conspiracy to
obtain rebates has been sustained by
the court, convictions obtained under 1t,
and two defendants sentenced to impris-
pnment. The two cases referred to may
not be in real conflict with each other,
but it is unfortunate that there should
ent there Is no way by which the gov
eminent can cause such a conflict, when
1t occurs, to be solved by an appeal to
higher court; and the wheels of justice
are blocked without any real decision of
the question l can not too strongly
urge the passage of the bill in question.
A failure to pass will result in seriously
hampering the government in it's effort
to obtain justice, especially against
wealthy individuals or corporations who
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. ] have specifically
In view a recent decision by a district
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
on the bench, to declare a law solemnly
enacted by the congress to be "uncon-
government the right to have the SUI
preme court definitely decide the ques-
ton"
Evasion by TechnIcalities.
'In connection with this matter, would
like to call attention to the very unsat-
isfactory state of our criminal law, re-
sulring 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
stantial justice. 1t would be well to en-
act a law providing something to the
mo judgment shall be set aside or new
trial granted in any cause, civil or Grim
inal 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 affirma-
lively appear that the error complained
Oh has resulted in miscarriage OF
Justice "
Injuncticns.
On the subject of the abolition of in.
functions in labor disputes, he says:
"In my last message l suggested the en-
actment of a law in connection with the
isshance of injunctions. attention hav.
by the demand that the right of apply.
ing injunctlons in labor cases should be
whether law aboishing altogether the
use of injunctions in such cases would
stand the test of the courts in which
case of course the legislation would BIZ
ineffective. Moreover, | believe it would
be wrong altogether to prohibit the us,
OF injunctions. 1t is criminal to permi
sympathy with criminals to weaken oul
hands in upholding the law; and If mer
seek to destroy life or property by moi
violence there should be no impairmen
of the power of the courts to deal will
them in the most summary and effective
way possible. But so far as possible thu
abuse of the power should be provided
mol la w az I adN TO-
"in this matter of intunctions there Il
lodged in the hands. of the judiciary
necessary power which is nevertheless
subject to the possibility of grave abuse
1t Is a power that should be exercised
with extreme care and should be sub
and condemnation should be melted GU
as much to the Judge who fails to US
It boldly when necessary as to the 5udg
who uses 1t wantonly or oppressively
OF course. Judge strong enough to b
at for his office will enjoin any resor
to violence or intimidation, especially b
conspiracy, no matter what his opino
may be of the rights of the original quar-
rel. There must be no hesitation 4
likewise be no such abuse. of the in
junctive power as Is implied in forbidden
laboring men to strive for their own bet
nor must the injunction be used merel
to aid some big corporation In carryin
out schemes for its own aggrandizemen
mary injunction in a labor case,
granted without adequate proof (eve
when authority can be found to supper
the conclusions of law on which il
founded), may often settle the disput
between the parties; and therefore
improperly granted may do irreparab
wrong. Yet there are many judges VIII
assume a matter-of-fact course grantin
of a preliminary Injunction to be I'll
ordinary and proper judicial dispositio
of such cases: and there have undoub
eddy been fragrant wrongs committe
by judges in connection with labor di
putes even within the last few year
altho l think much less often than
former years. Such judges by their vi
wise action immensely strengthen Il
hands of those who are striving entirel