Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1906-12-06
THE PREsIDENT'S
ANNUAL MESSAGE
To LAWMAKERS
recommends Legislation on
New and important
Subjects.
INCOME. INHERITANCE TAX
IL Believes Such Laws Would Curb
Growth Of Fortunes to DAN
gerous Proportions.
III Views on Negro Que stIon--Asks
fer Currency Reform, and Shipping
Dili-Wouid Make Citizens of Japs
Many Other Important Subjects
Discussed.

Washington, Dec, 6-Presidert Rooss-
wits message to the second session Of
Ne Fifty ninth congress deals with q
oamber of new and important subjects,
Atsf OF which is the government prose-
Ssden of the trusts, the abuse of injuno-
sans In labor troubles, the negro ques-
In. the preaching OF class hatred
between capital and labor, additional legis-
Aton for the control OF large corpora
eons. federal inheritance and income
AZ law and currency reform.
The message opens with a statement
~ what the last congress left unfinished,
and Of this he says:
~ again recommend law prohibiting
I'll corporations from contributing to the
campaign expenses Of any party. Such
Dill mas already past one house of con-
Fress Let individuals contribute as they
sesire; but let us prohibit in effective
fashion all corporations from making
sentributions for any political purpose,
directly or indirectly.
house OF the congress and which is ur-
gently necessary should be enacted into
law is that comforting upon the govern
eases on questions Of law This right
exists in many of the states: 1t exists in
the District Of Columbia by act OF the
mat 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
ents demurrer; while in another Juris
obtain rebates has been sustained by
the court, convictions obtained under It,
and two defendants sentenced to tmpris-
eminent The two cases referred to may
Dot be in real conflict with each other.
but it 10 unfortunate that there should
even be an apparent conflict At pres
Srnment can cause such a conflict. when
Il 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
trge the passage of the bill in question.
failure to pass will result in seriously
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 case where
the Judgment of an IN erior court has
In view recent decision by a district
Judge leaving railway employees with
cut remedy for violation of certain So
Salled labor statute. 1t seems an absurd
Fly 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 soemnly
enacted by the congress to be 'uncon-
stitutional,' and then to deny to the
government the right to have the su
Preme court definitely decide the ques-
hon"
Evasion by TechnIcalities.
I'm connection with this matter, would
Nike to call attention to the very unsat-
isfactory state of our criminal law, re-
suting in large part from the habit of
setting aside the judgments of inferior
courts on techniCalities absolutely un-
connected with the merits of the case,
and where there is no attempt to show
that there has been any failure of sub
act a law providing something to the
effect that:
mo judgment shall be set aside or new
trial granted in any cause, civil or GRIM
insl, on the ground of misdirection of the
fury 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-
Non of the entire cause, II shall affrma-
lively appear that the error complained
p has resulted in a miscarriage OF
Justice "
Injunctions.
On the subject OF the abolition of in
functions in labor disputes, he says:
'In my last message l suggested the en-
ectment of a law in connection with the
issuance of injunctions. attention hav-
ME been sharply drawn to the matter
ey the demand that the right of apply
ing injunctions in labor cases should be
wholly abolished. 1t is at least doubtful
whether a law abolishing altogether the
0se of intunctions in such cases would
Stand the test Of the courts; In which
base of course the legislation would be
Ineffective. Moreover, / believe II would
- wrong altogether to prohibit the use
Sf injuncdons 1t is criminal to permit
1mpathy with criminals to weaken our
bands in upholding the law: and If men
beck to destroy life or. property by mob
violence there should be no impairment
u the power of the courts to deal with
than in the most summary and effective
way possible. But so far "a possible the
abuse OF the power should be provided
Against by some such law as I advocated
Tin this matter OF injunctiops there 4,
lsdged in the hands of the judiciary a
Necessary power which is nevertheless
subject to the possibility OF grave abuse
n is power that should be exercised
with extreme care and should be sub
Ind condemnation should be melted out
- much to the Judge who falls to use
4 boldly whom necessary as to the Judge
Who uses 1t wantonly or oppressiYeiy
9f course, Judge strong enough to be
II for his office viii enjoin any resort
b violence or intimidation. especially by
conspiracy, no matter what his opinion
ss&y be OF the rights of the original quar-
gel There must be no hesitation in
likewise be TO such abuse OF the in
Anotive power as Is implied in forbiddinr
tsbering men TO strive for their own bet
terrnsnt in peaceful and lawful ways;
S.r must the injunction be used mereJy
g It'd some big corporation in CARRYING
So. schemes for its own ACKNOWLEDGMENT
ID must be remembered that a prelju-
hay injunction in a labor case, II
frsnted without adequate proof teven
when authority can be found to support
the conclusions OF law on which ii Is
fsundsd), may often settle the dispute
between the parties; and therefore II
improperly granted may do irreparable
wrong. Yet there are many judges who
assume a mstter-of-fact course granting
of a preliminary Injunction TO be the
ordinary and proper judicial dlspos tion
Of such cases: and there have undOubt-
ssiy been fsgrant wrongs committed
by Judges In connection with labor dis
putes even within the last few years.
eltho I think much less often than in
former years. such Judges by their IN
wise action immensely strengthen the
bands Of those who ars striving entirely