Cameron County press. [volume] (Emporium, Cameron County, Pa.) 1866-1922, 1906-12-13
Recommends Legislation on
New and Important
Subjects.
INCOME INHERITANCE TAX
He Believes Such Laws Would Curb
Growth of Fortunes to DAN
gerous Proportions.
eils Views on Negro Question-Aoks
for Currency Reform, and Shipping
Biil-WouId Make Citizens of Japs
MANY Other important Subjects
Discussed.


Washington. Dec 3.-President Roose-
%elts message to the second session of
she Fffty-ninth congress deals with
number of new and important subjects,
chief of which is the government prose-
cution of the trusts. the abuse of injunc-
lions in labor troubles, the negro ques-
tion. the preaching of class hatred
between capital and labor, additional legis-
lation for the control of large corpora
tions, "A federal inheritance and income
tax law and currency reform.
The message opens with a statement
of'what the last congress left unfinished,
and of this he says:
81 again recommend law prohibiting
all corporations from contributing to the
campaign expenses of any party Such
"a bill has already past one house of con-
Sress. Let individuals contribute as they
desire; but let us prohibit in effective
Hashlon 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
ment the right of appeal in criminal
cases on questions of law. This right
eXlgts in many Of the states: it exists in
THE District of Columbia by act of the
congress 1t is of course not proposed
Fhat IN any case verdict for the de-
aside Recently in one district where
the government had indicted certain per-
sons for conspiracy in connection with
rebates, the court sustained the defend
ants demurrer: while in another juris-
diction an indictment for conspiracy to
obtain rebates has been sustained by
6he court, convictions obtained under it,
and two defendants sentenced to impris-
onment The two cases referred to may
mot be in real conflict with each other
but 1t is unfortunate that there should
even be an apparent conflict. At pres
'ent there is no way by which the gov
IL Hfy.N
it occurs to be solved by an appeal to
"a higher court; ana the wheels of justice
are blocked without any real decision of
the question. can not too strongly
urge the passage of the bill in question
A failure to pass Will result in seriously
hampering the government In its effort
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 a case where
been against them; ! have specifically
1n view recent decision by district
Judge leaving railway employees with
iout remedy for violation of q certain So
called labor statute. 1t seems an absurd
aty to permit a single district judge,
against what may be the Judgment Of
the immense majority of his colleagues
on the bench, TO declare a law solemnly
enacted by the congress to be ''uncon-
government the right to have the su-
Zion"
Evasion by TechnIcalities.
''In connection with this matter, would
dilte to call attention to the very unsat-
1sfactory 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 no attempt to show
that there has been any failure of sub
Stantial Justice. 1t would be well to en-
act a law providing something to the
mo judgment shall be set aside or new
trial granted in any cause, civil or Grim
inal, on the ground of misdirection of the
jury the improper admission or re-
lection of evidence, or for error as to any
matter Of pleading Or procedure unless,
application is made, after an examina-
tion of the entire cause, it shall affrma-
lively appear that the error complained
or has resulted 10 a miscarriage of
justice .
Injurotions.
On the subject ct the abolition of in
Functions in labor disputes, he says:
I'm my last message suggested the en-
.actment of a law connection with the
issuance of injunctons. attention hav-
ing been sharply drawn to the matter
fby the demand that the right of app.y-
ing injunctions in labor cases should be
wholly abolished. 1t is at least doubtful
whether a law abolishing altogether the
use of injunctions in such cases would
stand the test of the courts; in which
case of course the legislation would be
dneffective. Moreover. | believe it would
be wrong altogether to prohibit the use
of injunctions. 1t is criminal to permit
sympathy with 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 summary and effective
way possible. But so far possible the
abuse of the power should be provided
against by some such law as l advocated
'In this matter of injunctions there is
lodged in the hands of the judiciary
necessary power which is nevertheless
subject to the possibility of grave abuse.
1t is a power that should be exercised
with extreme care and should be sub
1ect to the jealous scrutiny of all men,
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 it wantonly or oppressiveiy
OF course, judge strong enough to be
,fit for his office will enjoin any resort
y 20 violence or intimidation, especially bv
conspiracy, no matter what his opinion
lnay be of the rights of the original quar-
dealing with disorder But there must
likewise be such abuse of the in
.1unctive power as is implied in forbdding
1aboring men to strive for their own bet
,terment In peaceful and lawful ways:
nor must the injunction be used merely
TO aid some big corporation in carrying
out schemes for it's own aggrandiZement
1T must be remern bered that prelim-
mary injunction in labor case, If
granted without adequate PROOF (even
the conclusions of law on which 1t is
founded), may often settle the dispute
between the parties; and therefore if
improperly granted may do irreparabie
wrong. Yet there are many Judges who
assume matter-of-fact course granting
of 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,
-altho l think much less often than in
former years Such judges by their un-
wise action immensely strengthen the
hands Of those who are striving entirely