Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1906-04-24
ROOSEVELT HITS JUDGE.
President, i'm Special Message, Dfi
cusses the "Beef Case.v

President, i'm Special Message, Dis
cusses the Beef Case.
In special message. delivered to
Congress Wednesday. President Roose-
welt declares that the result Of the re-
cent trial of the beef packers in Chi
cago was a miscarriage of Justice" and
that the Interpretation placed by Judge
Humphrey on the will of congress lis
such as to make that will absolutely
abortive" The message is based large
~ on letter TO the President from At
torney-General Moody. in which the At
torney-General reviews the proceedings
of the case of the government against
the beef packers.
The President says ii is clear that no
criticism attaches to Commissioner Gar
field as what he did was in pursuance
of duty imposed on him by Congress.
He refers sharply. however, to the de-
cision of Judge Humphrey. saying that
Congress could not have foreseen such a
decision and that he can hardly believe
that the ruling of Judge Humphrey will
be followed by other judges lie de-
clared that such Interpretation of the
law as that placed on it by Judge Hum
phrey comes measurably near making
the law farce and he recommends
that Congress pass a declaratory act
stating its real intention
The President also requests Congress
to confer upon the government by stat
ute. the same right of appeal. in Grim
inal cases. which the defendant now
enjoys. where the merits of the case
have not been determined.
The President again has created a
sensation by his manner of handling
without gloves an act of the judicial
department of the government. Iith-
erto it has been an almost unheard of
thing for the executive TO indulge Off
cially in criticism of the judiciary. The
present danger in criminal iurispru-
dence. the President declares, is not
that the innocent man will be convict
ed, but that the guilty will go scot free
In the packing cases. he says, there
was the moral and legal certainty that
the accused men We're guilty.
Among the points made by the Presi-
dent against the decision are these:
The result has been a miscarriage Of
justice
This Interpretation by Judge Hum
phrey of the will of the Congress, as ex'
pressed in legislation. is such as to make
| that will absolutely abortive.
! 1t is very desirable to enact a law de
| caring the true construction of the exist
ing legislation so far as it affects immu
nifty.
| There seems to be no good reason why
ment of Commerce and Labor and the
| Interstate Commerce Commission, eacl
should not. for the common good, pro
coed within its own powers without undue
! interference with the functions of the
other.
The danger nowadays is. not that tn,
! innocent man will be convicted of crime
! but that the guilty man will go scot free
These beef-packing cases offered ont
of the very few instances where there wa
not only the moral certainty that the &C
cused men were guilty, but what seemed
and now seems-sufficient legal evi
dence of the fact.
The case we'll illustrates the desirable
ity of comforting upon the government tn
same right of appeal in criminal cases
on questions of law, which the defendan
now has, in all cases where the defend
ant has not been put in jeopardy by ;
trial upon the merits of the charge mad
against him.