The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1906-12-05

washington, Dec. 4.-President Roose-
velt's message to congress was sent in
at noon to-day The text follows:
MESSAGE.
To the Senate and House of Represen-
tatiyes:
AS a nation we still continue to enjoy
| literally unprecedented prosperity;
and it is probable that only reckless
\ speculation and disregard of legitimate
business methods on the part of the
business world can materially mar this
prosperity.
No congress in our time has done
more good work of Importance than
the present congress. There were sew
eral matters left unfinished at your
last session, however, which most
earnestly hope you will complete be-
4 fore your adjournment.
Corporation Campaign Contributions.
again recommend law prohibiting
all corporations from contributing to
I the campaign expenses of any party
Such bill has already past one house
Il of congress- Let individuals contri-
n butte as they desire but let us prohibit
II in effective fashion all corporations
u dorm making contributions for any po-
iitical purpose, directly or Indirectly.
"A Governments Right of Appeal in Grim
inal Cases.
Another bill which has just past one
house of congress and which it is ur-
gently necessary should be enacted
into law is that comforting upon the
government the right of appeal in
A criminal cases on questions of law
"A This right exists in many Of the
NJ staten;it exists in the District of CO.
ma lumbia by act of the congress. 1t is Of
course not proposed that in any case a
n verdict for the defendant on the merits
# should be set aside. Recently in one
i district where the government had in
dicted certain persons for conspiracy in
connection with rebates, the court sus-
n tanned the defendants demurrer; while
4 in another jurisdiction an indictment
for conspiracy to obtain rebates has
been sustained by the court, conyic-
w lions obtained under it, and two de-
" PENDANTS sentenced to imprisonment.
4 The two cases referred to may not be
Vim real conflict with each other, but it
is unf Jrtunate that there should even
be an apparent conflict. lat present
+, there 10 no way by which the govern
nent can cause such conflict, when it
y occurs, to be solved by an appeal to a
= higher court; and the wheels of justice
VA are blocked without any real decision
W of the question. / can not too strongly
'k urge the passage Of the bill in question
W "A failure to pass it will result in seri-
ously hampering the government in it's
effort to obtain justice, especially
against wealthy individuals or corpora
tionS who do wrong; and may also pre-
vent the government from obtaining
M Justice for wage-workers who are not
themselves able effectively to contest a
case where the judgment of an inferior
court has been against them. l have
specifically in view a recent decision by
district judge leaving railway en-
ployes without remedy for violation of
X certain so-called labor statute. Tt
seems an absurdity to permit a single
district judge, against what may be the
Judgment of the immense majority of
his colleagues on the bench, TO declare
law solemnly enacted by the con-
gress to be unconstitutional" and
then to deny to the government the
right to have the supreme court def
nitely decide the question.
1T is well to recollect that the real eff
ficiency of the law often depends not
upon the passage of acts to which there
is great public excitement, but upon the
passage of acts of this nature as to
which there is not much public excite
ment, because there is little public UNI
- derstanding of their Importance, 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 govern
& ment has now definitely begun policy
of resorting to the criminal law II
those trust and interstate commerce
cases where such a course offers rea'
sonable chance of success. AT first, as
was proper, every effort was made tC
enforce these laws by civil proceedings
but it has become increasingly evident
that the action of the government In
finally deciding, In certain cases, TO un
dertake criminal proceedings was jus
49,
conspicuous failures in these cases, W
have had many successes, which hay
undoubtedly had a deterrent effec
upon evil-doers, whether the penalt
inflicted was in the shape of fine or i'm
prisonment-and penalties of bot
kinds have already been inflicted b
the courts. OF course, where the judg
can see his way to inhict the penalt
of imprisonment the deterrent effect o
the punishment on other offenders
increased; but sufficiently heavy fine
accomplish much Judge Holt, Of tn
New York district court, in a recent de
cision admirably stated the need 70
treating with just severity Offenders o
this kind. His opinion runs in part a
follows:
THE governments evidence to estab
lish the defendants guilt was clear
conclusive and undisputed. The cas-