The news-democrat. (Providence, R.I.) 1906-1909, 1906-12-04

Nolumtnous document. In i the eN-
ecutive discusse many subjects of vital
importance 10 the nation aud makes
several recommend ndations for Legislation
by congress which he believes neces-
sary Ia the successful carrying out of
the policies which he has already en-
tered upon.
The full text of the message follow !
THE MESSAGE
To the Senate and House of Represen-
tatives:
As nation we still continue to en-
10Y n literally unprecedented pros
perity; and II is probable that only
reckless speculation and disregard OF
Legitimate 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
several matters left unfinished at your
last session. however which ! most
earnestly hope you will complete be-
fore your adjournment.
Campaign Contributions.
again recommend law prohibiting
all corporations from contributing to
o
Such a bill has already passed one
house OF congress. Let individuals con-
tribute 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.
Another bill which has just passed
one house OF the congress ana which
it is urgently necessary should be
enacted into law is that comforting
upon the government the right OF APP
peal in criminal cases on questions OF
law. This right exists in many of the
states. IL exists In the District OF Co
1umbia by act OF the congress. IL is
OF course not proposed that ia any case
q 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 demur-
rer. while I'm another jurisdiction an
indictment for conspiracy 10 obtain re-
bates has been sustained by the court,
convictions obtained under II, and two
defendants sentenced TO imprisonment.
The two cases referred TO may not be in
real conflict with each other, but IL is
unfortunate that there should even he
an apparent conflict At present there
Is no way by which the government
can cause such conflict. when IL oc-
ours, 20 be solved by an appeal 10
q higher court: and the wheels OF
justice are blocked without any real
decision OF the question. ! cannot TOO
strongly urge the passage OF the bill
in question. A failure to pass IL will
result in seriously hampering the gov
ernment in its effort to obtain justice,
especially against wealthy individuals
q Tl,n "A "A
may also pre-, - 4 the government from
obtaining justice for wageworkers who
are not themselves able effectively TO
contest case where the judgment OF
an inferior court has been against
them. 1 have specifically In view
recent decision by a district Judge loav-
ing railway employees without remedy
for violation of a certain so-called labor
statute. IL seems an absurdity to per-
nit single district Judge, against
what may be the Judgment OF the i'm
mense majority OF his colleagues on
the. bench. 10 declare a law solemnly
enacted by the congress 10 bo 'un-
constitutional" and then To deny TO the
government the right TO have the SUI
preme court definitely decide the ques-
ton.
II is we'll TO recollect that the real
efficiency OF the law often depends not
upon tile 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 pub
lie excitement, because there is little
public understanding OF their import
ance. while the interested parties are
keenly alive TO 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 definitely be-
gun a policy OF resorting To the crimi-
nal law i'm those trust and interstate
commerce cases where such course
offers reasonable chance of success.
AT first. as was proper every effort
was made 10 enforce these laws by
civil proceedings; but IL has become IN
ereasingly evident that the action OF
the government in finally deciding. In
certain cases. TO undertake criminal
proceedings was justlnable. and tho
there have been some conspicuous fail
ures In these cases, we have had many
successes, which have undoubtedly had
q deterrent effect upon evil -doers
whether the penalty inflicted was i'm
the shape OF a fine or Imprisonment
and penalties OF both kinds have al
ready been inflicted by the courts. OF
course. where the Judge can see his
vsy to infict the penalty OF imprison-
pent the deterrent effect OF the pun
Rhnicnt on other offenders is In
creased: but sufficiently heavy fines ac-
compllsh much. Judge Holt OF the New
York district court. in a recent decision
admirably stated the need for treating
with just severity offenders OF this
kind. His opinion runs In part as fol-
Aws:
The governments evidence To estab-
Iish the defendants guilt was clear.
conclusive and undisputed. The case
Vas nagrant one. The transactions
which took place under this illegal
contract were very large. the amounts
Of rebates returned were considerable:
and the amount OF the rebate Itself
was large, amounting TO more than
one-hfth OF the entire tariff charge for
the transportation OF merchandise from
this city 20 Detroit II is not too much
20 say. in my opinion, that ~ this busi-
ness was carried on for a considerable
time on that basis--that Is, " this
discrimination in favor OF this particu-
lar shipper was made with an is I'm
stead OF % cent rate and the tarln
rate was maintained as against their
competitors--the result might be and
not improbably would be that their
competitors would be driven out OF
A..o ~. a..