Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1906-12-07
THEPRES|DENT'S MESSAGE
ROOSEVELT RECOMMENDS NEW
LEGISLATION TO CON-
GRESS.
REVISE THE JUDICIARY.
Wants Government to Have Right to APP
peal on Questions of Laws-In-
heritance and Income Tax.

| WASHINGTON, D. c., Dec 4.-Pres1dent
| Theodore Roosevelt today sent his annual
| message to the Senate and the House OF
| Representatives. The President urges the
| amendment of laws SO as to effectually deal
| with corporations and the passage OF IN
! heritance and income tax measures. lie
does not mention the tariff except to urge
free trade with the Philippines.
After complimenting Congress upon the
! admirable legislation of the last session the
| President says this country is enjoying
prosperity which only can be marred Dy
| reckless speculation and disregard Of leglt-
| innate business methods. He urges law
! prohibiting corporations from contributing
to campaign funds, but says individuals
| should be allowed to contribute what they
please.
Appeal in Criminal Cases.
! The President recommends the passage OF
q law giving the government the right to
| appeal in criminal cases on questions OF
| law; it of course being understood that 1t is
| not proposed that any verdict for the de-
! PENDANT on the merits should be set aside.
A failure to pass such a bill would seriously
| hamper the government i'll its efforts to OBJ
| tain justice in trust prosecutions. 1t Is ao-
| surd to permit single judge, against what
may be the Judgment of the immense ma
| jOrity of his colleagues on the bench, to de-
| clare a law unconstitutional and then deny
/ to the government the right to have the
| supreme court definitely decide the ques-
| ton. The proposed law is important at this
| time as the government has definitely DeSun
| pOucy OIL feSOfCluS TO Ile cflullndl law Al
| those trust and interstate cases where such
course offers reasonable chance OF sue
! cess.
Setting Aside Judgments.
In connection with this matter the Presi-
| dent calls attention to the unsatisfactory
state of our criminal law, resulting in a
| large part from the habit of setting aside
| the judgments Of inferior courts on technl-
calities absolutely unconnected with the
merits of the case, and where there is no
| attempt to show that there has been any
failure of substantial! justice. The PresidenC
asks for a law providing that no judgm 9 nj
| shall be set aside or new trial granted IN
! any case, civil or criminal, on the ground of
misdirection of the jury or the improper adj
| mission or rejection 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 case, it shall affirmatively
| appear that the error complained OF has re-
| suited in miscarriage Of justice.
Injunctions Are Necessary.
The President believes it would be wrong
| and probably invalid to abolish the power
| of injunction. But he thinks that so Far
as is possible some law should be passed
which would prohibit the abuse re- Of Of ,,, the
tion is necessary, and that no judge should
hesitate to use such power in dealing with
| disorder. He does not think it proper to
forbid laboring men to strive for their own
| betterment i'll lawful and peaceful ways,
| nor does he approve of using the 1nJunc-
| tional power to. aid some big corporation
in carrying out schemes for its own az,
grandizement, but he believes judges should
WELD their power to prohibit any resort
to violence or intimidation, especially by
! conspiracy, no matter what their opinion
may be of the rights of the original quar-
rel. .
| "have ever been foremost to discla1m any
immunity from crirlcism." Mr.. Roosevelt
| says that the American people will not
| subscribe to the doctrine that any public
servant is to be above criticism. Just and
| temperate criticism when necessary sup
| plies safeguard. The President scores
| unworthy aglLdUOrs as menace to the
| republic
Lynching a Growing Danger.
In connection with the delays of the law
the President calls the attention OF Con,
| gress to the prevalence of lynch1ng and
mob violence He mat tne
| black men, is the hideous crime OF rape
/ ''the most abominable in all the category
Of crimes, even worse than murder. re
| saws that when mobs begin to lynch for
rape they speedily extend the sphere of
their operations and lynch for many other
kinds of crime, so. that two-thirds Of the
considerable portion of the individuals
| lynched are innocent of all crime. There
black men as with white men; it is the
same rule that must be applied in dealing
with the rich and poor men; that hat Is to to
creed, or his social position, with even
handed Justice on his real worth as a
man. There is no question OF social equal
the question of Furnishing bad men and
protecting the good. The President says
/ that every coored man should realize that
| his worst enemy is the negro criminal ana
| should help the officers of the law in pun
| fishing the guilty.
Moreover, in my JUDGMENT, say, the d'
President; 1.-The crime of rape should al
ways be punished with death, as IN the
i case with murder; assault with Intent. to
commit rape should be made a capital IId
| court; and provision should be made by
which punishment may follow Immediately
/ upon the heels of the, offense; While the
| trial should be so conducted that the VIC
| tim need not be wantonly shamed whlle
| giving testimony, and that the least pos
sible publicity shall be given to the ue-
The President points out the short-sight:-
! ed policy Of one class trying to prevent
the education Of another HE He says ay tnaf
and urges the whites not to allow the ne
groes, as mass, to grow, up in ignorance
Most of the crimes which occasion lynch
no e1 education. He says the best type of
! education for the negro is as conferred by
| such schools as Hampton ana IusKegee'
| where the students are trained 1ndus-
t:individuaIs who indulge in inflammatory
and incendiary speeches and Writings Wmcn
, tend to arouse mobs and 0rlng ABOUT
! lynchings, not only thus excite the mob,
! hut also tend by suggestion to. greatly in
crease the likelihood of a repetition or the
very crime against when tney are III
Weighing says the President
| Capital and Labor.
Tho greatest danger. the President says
in dealing with capital and labor, is the
harm done by preachers of mere discomfort
who seek to incite a violent class hatred
against all men of wealth. The sinister
demagogues and foolish Missionaries who
are always eager to undertake soa campaign
90 ;ate themselves with those working for
soe renuine reform and masquerade as such
reformers. They are the worst enemies of
the cause they profess to advocate Just as as
newspaper or magazine are the worst enc
mics of all men who are engaged in an
honest effort to better what is bad in our
social and governmental conditions. Such
preaching will undo the good the honest
reformer has achieved. The honest man.
whether rich or poor, who earns his own
III - a.