Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-12-06
o the Senate and House of Represent

perity, and it is probable that only
reckless speculation and disregard Of
legitimate business methods on the
part of the business world can ma
terially mar this prosperity.
No congress in our time has done
more good work of Importance than
the present congress. There were sew
aral matters left unfinished at your
last session, however, which I most
earnestly hope you will complete be-
fore your adjournment.
Corporation Campaign Contributions.
again recommend a law prohibit
ing all corporations from contributing
to the campaign expenses of any party.
Such bill has already passed one
house of congress. Let individuals con-
tribute as they desire. but let us pro-
hibit in effective fashion all corpora
tons from making contributions for
any political purpose, directly or indi-
rectly.
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 that comforting upon
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 Columbia by
act of the 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 GER
tain persons for conspiracy in connec-
ton with rebates the court sustained
the defendants demurrer. while in an
other jurisdiction an Indictment for
conspiracy to obtain rebates has been
sustained by the court, convictions OBJ
tanned under it and two defendants
sentenced to imprisonment. The two
cases referred to may not be in real
conflict with each other, but it is unfor-
apparent conflict. At present there is
no way by which the government can
cause such conflict, 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. l cannot too strongly
urge the passage of the bill in question.
A failure to pass it will result in seri-
ously hampering the government in its
effort to obtain justice, especially
against wealthy individuals or corpo-
rations that do wrong, and may also
prevent the government from obtain
ing justice for wageworkers who are
not themselves able effectively to con-
test case where the judgment of an
inferior court has been against them
I have specifically in view recent de-
cision by district judge leaving rail
way employees without remedy for
violation Of a certain so called labor
statute. 1t seems an absurdity to per-
nit a single district Judge, against
what may be the judgment of the i'm
mense majority of his colleagues on
the bench, to declare law solemnly
enacted by the congress to be 'uncon-
stitutional'' and then to deny to the
government the right to have tile SUI
preme court definitely decide the ques-
ton.
1t is we'll to recollect that the real
efficiency of the law often depends not
upon the passage of acts as to which
there is great public excitement. but
upon the passage of acts of this ma
ture as to which there is not much
public excitement, because there is lit
tie public understanding Of their i'm
portance, while the interested parties
are keenly alive to the desirability of
defeating them. The Importance of
enacting into law the particular bill in
question is further increased by the
fact that the government has now def
nitely begun a policy of resorting to
The criminal law in those trust and in
terstate commerce cases where such a
course offers reasonable chance of
success. At first, as was proper, every
effort was made to enforce these laws
by civil proceedings, but it has be-
come increasingly evident that the ac-
ton of the government in finally decid-
ing in certain cases to undertake GRIM
inal proceedings was justifable, and,
though there may have been some con-
spicuous failures in these cases, we
nave had many successes, which have
undoubtedly had deterrent effect up
on evildoers, whether the. penalty in
aicted was in the shape of fine or i'm
prisonment, and penalties of both
kinds have already been inflicted by
the courts. OF course where the judge
can see his way to infict the penalty
of Imprisonment the deterrent effect
of the punishment on other offenders is
increased, but sufficiently heavy fines
accomplish much. Judge Holt of the
New York district court in recent
decision admirably stated the need for
treating with just severity offenders
of this kind. His opinion runs in part
as follows:
Judge Holt Quoted.
The governments evidence to es-
tablish the defendants guilt was clear,
conclusive and undisputed The case
was fragrant one. The transactions