The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1906-12-07
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.
His Views on Negro ouestion-Asks
for Currency Reform, and ShIopjnu
INCOME INHERITANCE TAX
His Views on Negro Question-Asks
for Currency Reform, and Shipping
Bill-WouId Make Citizens Of Japs
MANY Other Important Subjects
Discussed.

-many Otner Important SUBJECTS
Discussed.
Washington, Dec. S-President Roose-
velt's message to the second session of
the Fifty-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-
tons in labor troubles, the negro ques-
ton, the preaching of class hatred
between capital and labor additional legis-
lation 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
II again recommend a law prohibiting
all corporations from contributing to the
campaign expenses Of any party. Such
q bill has already past one house of con-
desire; but let us prohibit in effective
fashion all corporations from making
contributions for any political purpose,
Another bill which has just past one
house of the congress and which Is ur-
gently necessary should be enacted into
ment the right Of appeal in criminal
cases on questions of law This right
exists in many of the states: 1t exists in
congress. 1t is Of course not proposed
that in any case a verdict for the de-
fendant on the merits should be set
the government had indicted certain per-
sons for conspiracy in connection with
rebates, the court sustained the defend
ants demurrer; while in another jurs-
diction an indictment for conspiracy to
obtain rebates has been sustained by
the court. convictions obtained under it,
and two defendants sentenced to impris-
onment. The two eases referred to may
not be in real conflict with each other,
e ev II is sna
ant there Is no way by which the gov
eminent can cause such a conflict when
II occurs, to be solved by an appeal to
are blocked without any real decision of
the question. 1 can not too strongly
A failure to pass viii result in seriously
hampering the government in its effort
to obtain Justice, especially against
do wrong; and may also prevent the
government from obtaining justice for
wageworkers who are not themselves
the Judgment of an inferior court has
been against them. have specifically
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 to permit single district judge,
against what may be the judgment of
the immense majority of his colleagues
on the bench, to declare law solemnly
enacted Dy the congress TO De ''uncOn-
stitutional.'' and then to deny to the
government the right to have the SUI
preme court definitely decide the ques-
HON."
Evasion by Technlcallties.
I'm connection with this matter would
like to call attention to the very unsat-
isfactory state of our criminal law, re-
sulting 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 SUBJ
stantial justice. 1t would be well to en-
act law law providing something to the
mo Judgment shall be set aside or new
trial granted in any cause. civil or GRIM
na on on the ne. OF Of the
lection of evidence, or for error as to any
matter of pleading or procedure unless,
IN the opinion s OF the court court to which the
ton of the entire cause, Ii shall affirma-
lively appear that the error complained
Justice
Injunctions.
On the subject of the abolition NJ IN
functions in labor disputes, he saws:
''in my last message 1 suggested the en-
actment of a law In connection with the
issuance of intunctions, attention hay-
ing been sharply drawn to the matter
by the demand that the right of apply
ing injunctions in labor cases should be
wholly abolished. 1t is at least doubtful
whether law abolishing altogether the
use of injunctions in such cases would
stand the test Of the courts; in which
case of course the legislation would be
ineffective. Moreover, l believe ii would
be wrong altogether to prohibit the use
Of injunctions. 1t is criminal to permit
sympathy with criminals to weaken our
hands in unfolding the law; and If men
seek to destroy life or property by mob
violence there should be no impairment
Of he of tlan ttrte -
them IN the most summary and effective
way possible. But so far as possible the
abuse pf the power should be provided
against by some such law as / advocated
last year.
I'm iris matter of injunctions there is
lodged 10 the hands of the judiciary a
necessary power which is nevertheless
subject TO the possibility of grave abuse
1t is a power that should be exercised
with extreme ire sa care and shouls be sub
and condemnation should be melted out
as much to the Judge who fails to use
It boldly when necessary as to the Judge
fit for his office will enjoin any resort
conspiracy, no matter. what his opinion
may be of the rights of the original quar-
rel. There must be no hesitation in
dealing with disorder. But there must
likewise be no such abuse of the in
junctive power as is implied in forbidding
laboring men to strive for their own bet
tcTluoHt pcdCclui diiQ ldWIQl ways,
nor must the injunction be used merely
to I'D some big corporation in carrying
out schemes for its own aggrandizement
1t must be remembered that prelim-
mary injunction in a labor case, If
granted without adequate proof (even
when authority can be found to support
the conclusions of law on which II is
founded), may often settle the dispute
between the parties; and therefore if
Improperly granted may do irreparable
wrong. Yet there are many judges who
assume nlatter-of-fact course granting
of preliminary Injunction to be the
ordinary and proper judicial disposition
of such cases; and there have undoubt-
edly been fragrant wrongs committed
by judges in connection with labor dis
puteS even within the last few years.
altho l think much less ofsen than in
former years. Such judges by their UNI
wise action immensely strengthen the
hands of tAoss who are striving entirely