Warren sheaf., 1906-12-06
The PRES|.D|E||N 5
ANNUAL MESSAGE
70 LAWMAKERS.
Recommends Legislation on.
New and Important
Subjects.
INCOME INHERITANCE: / J: TAX.
He Be|ieves Such Laws Would Curb
Growth Of Fortunes to Dam
gerous Proportions.
Ills views on Negro Question-Asks
for Currency Reform, and Shipping
Bill-Weuld Make Citizens Of Japs
MANY Other Importan: Subjects
Discussed.
INCOME INHERITANCE TAX

MANY Other Importan: Subjects
Discussed.
Washington. Dec 9-President Roose-
velt's message to the second session of
the Fifty ninth congress deals with
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-
lat1on for the control of large corpora
tions, 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 law prohibiting
all corporations from contributing to the
campaign expenses of any party. Such
gress. Let individuals contribute as they
desire; but let us prohibit in effective
fashion all corporations from making
"Another bill which has just past one
house of the congress and which is ur-
law is that comforting upon the govern-
ment the right Of appeal in criminal
cases es.fs:, s on questions of law. This right
the District Of Columbia by act of the
congress 1t is of course not proposed
thai that IN any case a verdict for the de-
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 demurrer; while In another juris-
diction an indictment fof conspiracy, to
obtain rebates has been sustained by
the court, convictions obtained under it,
and two defendants sentenced to impris-
onment. The two cases referred to may
not be in real conflict with each other,
but It Is unfortunate that there should
ent there is no way by which the gov
ernment can cause such conflict, when
it occurs. to be solved by an appeal to
are blocked without any real decision of
the question. l can not too strongly
urge the passage of the bill in question.
'o pass VEN in m fs eo
to obtain Justice, especially against
wealthy individuals or corporations who
do wrong, and may also prevent the
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 certain So
ity to permit a single district judge,
against what may be the judgment of
the immense majority of his colleagues
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-
tion."
Evasion by TechnicaIities.
''1n connection with this matter. I would
like to call attention to the very unsat-
isfactory state of our criminal law. re-
smiling ho hoh
setting aside the judgments of inferior
courts on technicalities absolutely un-
connected with the merits of the case,
that there has been any failure of SUBJ
stantial Justice. It would be well to- en-
act a law providing something to the
No judgment shall be set aside or new
trial granted in any cause, civil or GRIM
inal, on the ground Of misdrection of the
lection Of evidence, or for error as to any
matter OF pleading or procedure unless,
in the opinion of the court to which the
ton Of the entire cause, It shall afhrma-
lively appear that the error complained
.o4 has resulted in miscarriage of
Justice" 's%l
lnjunctions.
On the subject of the abolition Of In
functions in labor disputes, he says:
I'm my last message suggested the en-
faCtment of q law In connection with the
issuance Of injunctions, attention haV-
ing been sharply drawn to the matter
Ing injunctions in labor cases should be
wholly abolished. 1t is at least doubtful
whether. a law. abolishing altogether the
stand the test Of the courts; in which
case Of course the legislation would be
ineffective. Moreover, I believe it would
be wrong. altogether to prohibit the use
sympathy wiz, criminals to weaken our
hands in lp.!a Dig the law; and if men
seek to destroy life or property by mob
of the power o. the courts to deal with
them in the most summary and effective
way possible. But so far as possible the
abuse Of the power should be provided
against by some such law as I advocated
'In this matter of injunctions there is
lodged in the hands Of the Judiciary a
subject to the possibility of grave abuse
1t is a power that should be exercised
with extreme care and should be sub
ject to the jealous scrutiny Of all men
and condemnation should be meted out
as much to the judge who fails to use
at boldly when necessary as to the judge!
81 course, Judge strong enough ol astoeiy. to be
tit for his office will erjoin any resort
to violence or intimidation, especially by
pr 81 he no Of ms opinion
rel. There must be no hesitation ir@
dealing with disorder But there must
likewise be no s,'ch abuse #of the in
junctive power as is implied in forbidding
laboring men to strive for their own bet-
terment in peaceful and lawful ways; 3
nor must the Injunction be used merely
to aid some big corporation in carrying
out schemes for it's own ACKNOWLEDGMENT
1t must be remembered that prelin-
dnary INJUNCTION in labor. case, il
when authority can be found to support
ahe conclusions Of law 20 on which i iss
between the parties; and therefore if
improperly granted may DC 11 irrsparable
e preliminary Injunction to be the
n.sif5sary and proper judicial disposition
!. siifv. born fagrant WRONGS committed
!, = sss - within the last uls
s,sttlst, think much less often than IN
a y, years. Such Judges by their un-
Al action Immensely strengthen the
n, 1. eoe. ti1ose who are striving entirely