Gilpin observer., 1906-12-06
THE PRESIDENTS
ANNUAL MESSAGE
To LAWMAKERS
Recommends Legislation on
New and Important
Subjects.
INCOME INHERITANCE TAX
4
INCOME : INHERITANCE TAX
He Believes Such Laws Would Curb
Growth of Fortunes to DAN
gerous Proportions.
His Views on Negro Question-Acks
for Currency Reform, and Shipping
Bill-Would Make Citizens of Japs
MANY Other Important Subjects
Discussed.


Washington. Dec. 3.-President Roose-
Ncits message to the second session OF
the Fifty-ninth congress deals with a
number of new ana important subjects,
chief of which is the government prose
cuton of the trusts, the abuse of injunc-
tions in labor troubles, the negro ques-
ton. the preaching of class hatred
between capital and labor additional legls-
lation for the control of large corpora
tions, II federal Inheritance and income
tax law and currency reform.
The message opens with statement
of what the last congress left unfinished,
and of this he says:
II again recommend a 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
contributions Tor any political purpose,
directly or indirectly.
Another bill which has just past one
house of the congress and which is ur-
gently necessary should be enacted into
law is that comforting upon the govern
n ment the right OF appeal in criminal
exists in many of the states: 1t exists in
the District of Columbia by act Of the
congress. II is of course not proposed
that In any case n verdict for the de-
1endant on the merits should be set
the government had indicted certain per-
sons for conspiracy in connection with
rebates. the court sustained the defend
diction an Indictment for 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 IL Is unfortunate that there should
even be an apparent conflict. At pres
ent there Is no way by which the gov
ernment can cause such a conflict, when
II solved IN
. higher court. and the wheels OF Justice
are blocked WITHOUT any real decision Of
urge the passage of the bill in question.
A failure to pass will result in seriously
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 u case where
been against them. have specifically
in view recent decision by a district
Judge leaving railway employees with
called labor statute. II seems an absurd
ity TO permit a single district judge,
the immense majority of his colleagues
on the bench; to declare law solemnly
stitutionai. and then to deny to the
government the right to have the su-
preme court definitely decide the aues-
ton"
Evasion by Technlcalities.
I'm connection with this matter. would
Ike to call attention TO the very unsat-
isfactory state Of our criminal law. re-
sulting in large part from the habit of
setting aside the judgments of inferior
courts on technicalities absolutely un-
connected with the merits of the case
and where there Is attempt to show
that there has been any failure of sub
stantial justice. 1t would be well to en-
effect that;
trial granted In any cause, civil or Grim
inal. on the ground OF misdirection of the
jury, Jury or :, the I improper -, admission or re-
matter of pleading or procedure unless.
In the opinion of the court to which the
application Is made, after an examina-
ton of the entire cause. 1t shall affirma-
lively appear that the error complained
OIL has resulted In miscarriage OF
Injunctions.
On the subject of the abolition of in
functions In labor disputes. he says:
'In my last message suggested the en-
actment of law In connection with the
issuance of intunctions. attention hav-
ing been sharply drawn to the matter
by the demand that the right OF apply
ing injunctons In labor cases should be
wholly abolished. II Is at least doubtful
whether n law aboiishing altogether the
use of injunctions In such cases would
stand the test of the courts. in which
case OF course the legislation would be
ineffective. Moreover. | believe IL would
OF inJunctions. 1t Is criminal to permit
sympathy with criminals to weaken our
hands in unfolding the law: and II men
seek to destroy life or property by mob
violence there should bo no impairment
of the power OF the courts to deal with
them In the most summary and effective
way possible. But 80 far as possible the
abuse of the power should be provided
against by some such law as advocated
"In this matter of inJunctions there is
lodged In the hands OF the judiciary n
subject to the possibility OF grave abuse
II Is power that should be exercised
and condemnation should be meted out
as much to the judge who fails to use
It boldly when necessary as to the Judge
who uses 1t wantonly or oppressIveiy.
of course. Judge & strong enough to be
conspiracy. no matter what his opinion
may be Of the rights OF the original quar-
dealing with disorder. But there must
likewise be no. such abuse OF the In
3unctive power as is implied in forbidding
torment In peaceful and lawful ways:
nor must the injunction be used merely
out schemes for it's own Observation-Disclosures
II must be remembered that prelim-
mary intwnssslon IN labor case Il
when Authority can be found to support
the conclusions OF law on which 1t IL
between the parties; and therefore if
improperly granted may do irreparablc
wrong. Yet there are many Judges who
assume a matter-of- fact course granting
OF a preliminary Injunction. to be the
ordinary and proper judicial disposition
Of such cases: and there have undoubt-
edly been fragrant wrongs committed
by Judges in connection with labor dis
putes even within the last few years,
aitho think much less often than in
former years. Such Judges by their un-
Wise action immensely strengthen the
hand. Of those who are striving entirely