The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1906-12-08

WASHINGTON, D. c., Dec. A.
President Roosevelt's message to con-
gress was presented at the opening
of the sessions of congress this after
noon. It is as follows:
To the Senate and House of Repre-
sentatives:
AS a nation we still continue to en-
Joy literally unprecede nted prosper
ity; and it is probable that only reck-
less speculation and disregard of legit-
innate business methods on the part
of the business world can materially
:nar this prosperity.
No congress in our time has done
rlore good work of Importance than
the present congress. There were
several matters left unfinished at your
last session, however, which l most
| earnestly hope you will complete be-
fore your adjournment.
again recommend a law prOhib-
ting all corporations from contribute
ing to the campaign expenses OF any
party. Such bill has already passed
one house of congress. Let individ-
uals contribute as they desire; but let
lis prohibit in effective fashion all cor
rorations from making contributions
for any political purpose, directly or
Indirectly.
Another bill which has just passed
one house of the congress and which
it is urgently necessary should be
| enacted into law is that comforting
| upon the government the right of ap-
peal in criminal cases on questions of
law This right exists in many of the
states; it exists in the District of Co.
l,,mbia by act of the congress. 1t is of
course not proposed that in any case
a 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 de-
murrer; while in another Jurisdiction
an indictment for conspiracy to obtain
| rebates has been sustained by the
| court, convictions obtained under It..
and two defendants sentenced to i'm
prisonment The two cases referred
to may not be in real conflict with
each other, but it is unfortunate that
there should even be an apparent con-
flict. 1t seems an absurdity
| to permit a single district Judge.
against what may be the Judgment of
the immense majority of his col
leagues on the bench, to declare law
| solemnly enacted by the congress to
| be "unconstitutional," and then to de-
nv to the government the right to have
the supreme court definitely decide
| the question.
Criminal Law.
IS l would like to call atten-
ton to the very unsatisfactory state
of our criminal law, resulting in large
part from the habit of setting aside
the judgments of inferior courts on
technicalities absolutely unconnected
with the merits of the case, and where
there is no attempt to show that there
has been any failure of substantial
Justice. 1t would be well to enact
law providing something to the effect:
No judgment shall be set aside or
new trial granted in any cause, civil
or criminal, on the ground OF misd1-
rection of the jury or the improper ad-
mission or rejection Of evidence, or
for error as to any matter of pleading
or procedure, unless, in the opinion of
the court to which the application is
made. after an examination of the en-
tire cause, it shall aff1rmatively appear
that the error complained of has re-
suited in a miscarriage of justice.
In my last message suggested the
enactment of law in connection with
the issuance Of injunctions, attention
having been sharply drawn to the mat
ter by the demand that the right OF
applying injunctiOns in labor cases
should be wholly abolished. 1t Is at
least doubtful whether a law abolish
ing 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, I believe it would be wrong
altogether to prohibit the use of in
functions. 1t is criminal to permit
sympathy for criminals to weaken our
hands in upholding the law; and if
men seek to destroy life or property
by mob violence there should be no
impairment of the power of the courts
to deal with them in the most sum-
mary and effective way possible. But
so far as possible the abuse Of the
power should be provided against by
some such law as l advocated last
year.
In this matter Of Injunction there
is lodged in the hands Of the judiciary
necessary power which is neverthe-
less subject to the possibility of grave
abuse. It is a power that should be
exercised with extreme care and
should be subject to the jealous scrut-
my of all men, and condemnation
should be melted out as much to the
judge who fails to use it boldly when
necessary as to the judge who uses
it wantonly or oppressively.
Epidemic Of Lyncning.
In connection with the delays OF
the law, 1 call your attention and the
attention Of the nation to the preva-
lence of crime among us, and above
all to the epidemic of lynching and
mob violence that springs up, now In
one part Of the country. now in an
other. Each section, north, south, east
or west, has its own faults; no Sec
ton can with wisdom spend its time
jeering at the faults Of another Sec
ton; 1t should be busy trying to
amend it's own shortcomings. To deal
with the crime Of corruption 1t IL
necessary IN hAva an ovo konoH v,,,h