Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1906-12-06
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 ouestlon-Asks
for Currency Reform, and Shipping
elil-Would Make Citizens Of Japs
MANY Other Important Subjects
Discussed.


Washington, Dec 3.-Presidert Roose-
veles message to the second session of
The F1fty-ninth congress deals with a
number OF new and important subjects
ehlef or which Is the government prose-
eution OF the trusts, the abuse of injunc-
lions In labor troubles, the negro ques-
uon, the preaching of class hatred
between capital and labor, additional legis-
hation for the control of large corpora
lions. 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:
Il again recommend a law prohibiting
AL corporations from contributing to the
campaign expenses of any party. Such
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 bin 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
ment the right of appeal IN criminal
exists In many of the states; 1t exists In
the District of Columbia by act of the
congress, II Is of course not proposed
that In any case verdict for the de-
PENDANT 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 derc2rrer; while in another juris-
diction an indictment for conspiracy to
Obtain rebates has been sustained by
the court, convictions obtained under n
and two defendants sentenced 10 impris-
onment. The two cases referl Ell TO may
not be In real conflict with eacn ether
but II IL unfortunate that there should
even pc an apparent conflict. At pres
ernment can cause such a conflict when
II occurs to be solved by an appeal to
q higher court; and the wheels of justice
are blocked without any real decision of
the question. ;. can not too strongly
urge the passage of the bill In question
a failure 10 pass VIII result In seriously
hampering the government In its effort
10 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
In view "A recent decision by a district
Judge leaving railway employees with
out remedy for violation of a certain so
called labor statute, 1t seems an absurd
ity 10 permit single district Judge,
against what may be the Judgment OF
the immense majority of his colleagues
enacted by. the congress to be 'uneon-
sututional," and then to deny to the
government the rlght To have the SUI
preme court definitely decide the ques-
fion.
Evasion by TechnlcalIties.
In connection with this matter, | would
Hike 10 call attention to the very unsnt-
isfactory state of our criminal law. re-
sulttng In large part from the habit OF
setting aside the Judgments OF Inferior
courts on technicalities absolutely nn-
connected with the merits of the case
and where there is no attempt TO show
that there has been any failure, OF sub
stantal Justice II would be we'll To en-
effect that:
NO Judgment shall be set aside or new
trial granted in any cause, civil or Grim
tnal, 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 10 which the
Application Is made, after an examina-
non OF the entire cause, Il shall affirma-
lively appear that the error complained
Justice "
lnjunotlons.
On the subject of the abolition OF In
functions In labor disputes he saws,
IN my last message suggested the en-
ectment of a law in connection with the
Issuance OF in1unctions, attention hav-
ms been sharply drawn TO the matter
hy the demand that the right of apply |
wholly abolished. II is at least doubtf,l |
whether a law abolshing altogethar tha
use OF lnlunetons IN such cases would |
stand the test of the courts; In which |
case OF course the legislation would be |
ineffecuve, Moreover, believe IL woula
DC wrong altogether to prohibit the use |
OF lnlunctons, IL is criminal TO permit |
sympathy with criminals 20 weaken our
hands in unfolding the law: and IL men
s seek 90 destroy NE or property by mob
violence there should be no ir7pairment
OF the power OF the courts TO deal with
them In the most summary and effective
ss9sap o ~ Pc SIt SO iar as possible the
ssaihst by some such law as l advocated
last year. V
In this matter OF injunctions there 10
lodged in the hands OF the judiciSry
necessary power which Is f,evertheiess
subject 10 the possibility OF grave abnse
IL Is power that SHOULD be exerciSed
tect TO the Jealous scrutiny Of All ,nen
and condemnation should be meted ont
as much 10 the tudge who fails 10 nss |
II boldly when necessary as 10 the 6,Sse
who uses Il wantonly or oppressIssrsi,s
OF course, Judge strong enough 10 be
TO violence or intimidation. especiai,, ~
conspiracy, no matter what hts oDfpins |
may be OF the rights OF the original QUAR-.
rel There must be no hesitation IN
dealing with disorder. But there nnst
likewise be no such abuse OF the -
iunctiNe power as Us implied IN forhidding
iaoofthg men 20 strive for their own bef-
terment In peaceful and lawful S,eNs,
cor must the Injunction be used r,,ersiv
20 sla some bis corporation In CARRYING
eut schemes Tor us own observation-disclosures
" must be remembered that 4 prslim.
lary Injunction ia a labor cnse N
granted without adequate proof ,eVen
when authority can be found 10 support
the conclusions Of law on which M M
ioundcdl, may often settle the aisnnte |
between the parties: and therefore h
IMPROPERLY granted may do irreparahlc
NrohE, Yet there are many Judges who
assume mattcr-of-f0ct course ,srautfnk |
OF g preliminary Injunction to De the
ordinary and proper judicial disnasitian
9. suCh cases ana there have unaouhtei
bv judges In connection with labor dis |
puteS even within the last few wears |
attic think mitch less often than Ia
wise action irnmecrciy strcugthen the |
hands of those who are striving entirely