Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1906-12-10

Washington, Dec. 3-Presidert Rooso-
SS4ts message to the second session Of
&se F1fty-ninth congress deals with a
H1mbsr Of new and important subjects,
SAisf Of which Is the government prose-
SEtion Of the trusts, the abuse of injunc-
8S0s In labor troubles, the negro ques-
BSa, the preaching Of class hatred
eSkwsen capital and labor, additional legis-
AtaOn for the control OF large corpora
&sna, q federal inheritance and income
eAx law and currency reform.
The message opens with a statement
Ct what the last congress left unfinished,
@nd Of this he says:
ST again recommend a law prohibiting
all corporations from contributing to the
campaign expenses of any party. Such
bill has already past one house Of con-
gTess. Let individuals contribute as they
desire; but let us prohibit in effective
fashion all corporations from making
contributions for 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
eases on questions Of law. This right
exists in many of the states; it exists in
The District of Columbia by act of the
that in any case a verdict for the de-
PENDANT on the merits should be set
tie government had indicted certain per-
sens for conspiracy in connection with
Debates, the court sustained the defend
ants demurrer; while in another juris-
aiction an indictment for conspiracy to
obtain rebates has been sustained by
the court, convictions obtained under it,
and two defendants sentenced to impris-
eminent. The two cases referred to may
Rot be in real conflict with each other,
even be an apparent conflict At pres
snt there is no way by which the gov
eTnment can cause such conflict, when
= occurs, to be solved by an appeal to
higher court; and ne wheels of justice
are blocked without any real decision of
TIE question l can not IT., too strongly
A failure to pass will result in seriously
AAmpering the government in its effort
wealthy individuals or corporations who
DO wrong; and may also prevent the
government from obtaining justice for
w4geworkers who are not themselves
able effectively to contest a case where
the judgment of an inferior court has
been against them ! have specifically
Judge leaving railway employees with
cut remedy for violation of a certain So
* 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 congress to be 'uncon-
Etitutional," and then to deny to the
government the right to have the SUI
ben. '"s Oi '''''''e' O'0'O' ''' E0'0
Evasion by iCCTl7ICdllIiGSs
I'm connection with this matter, would
Hike to call attention to the very unSat-
isfactory state of our criminal law, re-
Hulting in large part from the habit of
setting aside the judgments of inferior
courts on technicalities absolutely I'M
connected with the merits of the case,
and where there is no attempt to show
that there has been any failure of sub
Htantial justice. 1t would be well to en-
act a law providing something to the
effect that:
trial granted in any cause, civil or GRIM
inal, on the ground of misdirection of the
jury or the Improper ADMISSION OF re
lection 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 eXamina-
ton of the entire cause, it shall affirma-
lively appear that the error complained
81 has resulted in miscarriage of
sustice
Injunctions.
On the subject OF the abolition of in
functions in labor disputes, he says:
I'm my last message suggested the en-
Actment of a law in connection with the
issuance of injunctons, attention hav-
by the demand that the right of apply
ing injunctions in labor cases should be
wholly abolished. II Is at least doubtful
whether a law abolishing altogether the
pss OF injunctions in such cases would
Stand the test Of the courts; in which
Nansctive. Moreover, believe II would
DO wrong altogether to prohibit the use
ln14ncdo1, t6 t, Is criminal IN to permit
Sands In upholding the law; and If men
osak to destroy life or property by mob
violence there should be no iEapairme lent
e the power OF the courts to deal with
Asm In the most summary and effective
cay possible. But so far as possible the
abuse OF the power should be provided
against by some such law as l advocated
I'm this matter Of injunctions there is
u, ~ ha ID,
Necessary power which is nevertheless
euhtect to the possibility OF grave abuse
Il is q power that should be exercised
with extreme care and should be sub
sect to the Jealous scrutiny OF all men,
And condemnation should be melted out
o much to the judge who fails to use
IL boldly when necessary as to the Judge
Tho uses II wantonly or oppressively.
o. course. a Judge strong enough to be
70 violence or intimidation, especially by
conspiracy, no matter what his opinion
may be of the rights of the original quar-
rel. There must be no hesitation in
dealing with disorder. But there must
likewise be no such abuse of the in
functive power as is implied in forbidding
Iaboring men to strive for their own bet
NSrment In peaceful and lawful ways;
Aor must the injunction be used merely
@ut schemes for its own aggrandizement
II must be remembered that a prelim-
tnary Injunction in a labor case, If
Granted without adequate proof (even
when authority can be found to support
the conclusions OF law on which it is
founded), may often settle the dispute
between the parties; and therefore if
improperly granted may do irreparable
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
st such cases; and there have undoubt-
sdly been fragrant wrongs committed
by judges in connection with labor dis
putes even within the last few years
eltho I think much less often than in
former years Such judges by their I'M
wise action immensely strengthen the
banda OF those who are striving entirely