Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-12-04

FreSluenu message WHICH is COnSlQ-
cred one of the strongest documents
of its kind ever written, went to Con-
gress today. The following are the
portions of greatest interest:
TO the Senate and House of Represen-
tatives: "
As a nation we Still continue to en-
JOY literally unprecedented prosper
ity; and it is probable that only reck-
less speculation and disregard of legit
innate business methods on the part
of the business world can materially
mar this rosperity.
No Congress in our time has done
more good work of importance than
several matters left unfinished at
your last session, however, which I
most earnestly hope you will complete
before your adjournment.
Corporation Campaign Contributions.
again recommend law prohibit.
ing all corporations from contributing
to the campaign expenses of any par
ty. Such bill has already passed
the House of Congress. Let individu-
ais contribute as they desire but let
us prohibit in effective fashion all cor
porations from making contributions
for any political purpose, directly or
indirectly
Governments Right Of Appeal in
Criminal Cases.
Another bill which has just passed
one House of the Congress and which
it is urgently necessary should be en-,
acted into law is tlat comforting upsh
the government the right Of appeal In
criminal cases on questions of law.
This right exists in many of the
states; 1t exists in the District of Col
umbia by act of Congress. 1t is of
course not proposed that in any case
verdict for the defendant on the
merits should be set aside. Recently
in one district where the government
had indicted certain persons for con-
spiracy In connection with rebates,
the court sustained the defendants
demurrer, while in another jurisdic.
tyion an Indictment for conspiracy TO OBJ
tain rebates has been sustained by the
court, convictions obtained under 1t,
and two defendants sentenced to i'm
prisonment. The two cases referred
to may not be in real conflict with each
other but 1t is unfortunate that there
should even be an apparent conflict.
icy NVh
the government can cause such a con-
flict, when it occurs, to be solved by
an appeal to 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 to
pass it will result in seriously hamper
ing the government in its effort to
obtain justice, especially against veal
thy 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 been against them. | have
specifically in view recent decision
by a district Judge leaving railway
employees without remedy for viola
tion of certain so-called labor statute.
1t seems an absurdity to permit sin
gle district Judge, against what may
be the Judgment of the immense majo-
rity of his colleagues on the bench, to
declare a law solemnly enacted by the
Congress to be unconstitutional,
and then to deny to the government
the right to have the supreme court
definitely decide the question.
Setting Aside Of Judgments and
Granting Of New Trials.
In connection with this matter, l
would like to call attention to the
very unsatisfactory state of our Grim
inal law, resulting in large part from
the habit Of setting aside the judg.
ments of lferior courts on techni.
calities absolutely unconnected with
the merits of the case, and where
tfere is no attempt to show that
there has been any failure of substan-
tial justice. 1t would be we'll to
enact a law providing something to
the effect that:
No Judgment shall be set aside or
new trial granted in any cause, civil
or criminal, on the ground of misdi-
rection of the jury or the improper ad-
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 examination of the en-
tire cause, 1t shall affirmatively ap-
pear that tie error complained of has |
resulted In miscarriage OF justice.
Injunctions.
In my last message ] suggested the
enactment of law in connection with
the issuance Of injunctions, attention
having been sharply drawn to the
matter by the demand that the right