Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-04-19
PRESIDENT SAYS DECISION IN
"HEEF TRUST CASE" WAS
WRONG
LAW MADE INTO OAFARCE
! Va.speeIaI Message to Congress, SEN
a SationaI in Its Character, the Execu..
We Declares Judge Humphrey, by
Sc Decision, Caused Justice to Mis-.
c;fry.

Washington, D. c., April 1S.-In q
special message, delivered to congress
today, President Roosevelt declared
that the result of the recent trial Of
the beef packers in Chicago was "a
miscarriage Of justice" and that the
Interpretation placed by Judge Hum
phrey on the will of congress sis such
as to make that will absolutely abor-
tive"
The message, which is most sensa.
tional in its character, is based largely
on a letter =, the President from At
torney General Moody, in which
Moody reviews the proceedings of the
case OF the government against the
beef packers.
Garfield Not Blamed.
The President says it is clear that
Garfield, as what he did was in pursu-.
ance Of the duty imposed on him by
congress. He refers sharply, howev.,
er, to the decision Of Judge Humph-
rey, saying congress could not have
foreseen such decision and that he
can hardly believe that the rule Of
Humphrey will be followed by other
Z Judges.
Wants a Declannatory Act.
He decfared that such interpreta,
ton Of the. law as that placed on it
by Humphrey comes measurably near
making the law a farce, and he rec.
ommends that congress pass a declam.
atory act stating its real intention.
as Asks New Law.
The President also requests con.
gress to confer upon the government,
by statute, the same right of appeal in
criminal cases which the defendant
now enjoys where the merits Of the
case have not been determined.
4 House Passes Appeal Bill.
Y To correct the defect In existing
Flaw, emphasized by the recent deci-
sion in Chicago during the trial Of the
Espackers,. a bill was passed by the house
'Ayesterday, providing that in all Grimm
Jal pros osecutions the United States shall
ihave the same right Of review that is
given to the defendant. The Chicago
|ldecision granting the individual pack
ers, immunity. cannot be reviewed. The
N lfgovernment cannot appeal to a higher
Il court The bill just passed provides
! for such an appeal.
1t Is held to be more apparent every
year that. some statute should be en-
acted giving the United States the
righl to have decisions by courts upon
points of law reviewed by the supreme
court Of the United States. 1t is no
infrequent occurrence for the courts
to sustain demurrers to indictments
There is no way in which the question
Of law SO decided against the govern.
ment may be reviewed. When objec.
tion to the indictment is based upon
some constitutional or other lfunda'
\ mental ground, decision of this kind
nsby a lower court, as 1t establishes a
Wrecedent, practically results in the
Mbrogation of the statute upon which
The indictment is based.
Must Risk Review.
If the senate passes the bill it will
be impossible for any OF the lower
courts to declare any statute invalid
or decide important pleas, such as
those of the packers at Chicago. with
out having its decision reviewed by {
higher court.
The bill is considered constitutions
by the best lawyers in congress be
cause it safeguards the rights of the
defendant in that it provides that {
decision in favor Of the defendant ir
lower court cannot be set aside or
appeal and therefore the constitution
all provision that the defendant shal
not twice be placed in jeopardy will
not be violated.