Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1906-12-12
THE PRESIDENTS
ANNUAL MESSAGE
To LAWMAKERS
recommends Legislation on
New and Important
Subjects.
INCOME : INHERITANCE TAX
De Believes Such Laws Would Curb
Growth Of Fortunes to DAN
gerous Proportions.
Wss Views en- Negro Question -Asss
sss Currency Reform, and Shipping
Slli-Wsuid Make Citizens Of Japs
MANY Other Important Subjects
0iscussod.

Washin gton. Dec. a-President Rooss-
ysefs message to the second session Of
Ne Fffty-ninth congress deals with O
8sEADsr OF new and important subjects,
SAisf Of which Ii the government prose-
y~de1 Of the trusts, the abuse of injuno-
@sns In Labor troubles, the negro ques-
A. fhs preaching Of class hatred
esSween capital and labor, additional legis-
Adon fer the control OF large corpora
wsn&. federal Inheritance and income
eax law and currency reform.
fAs message opens with q statement
q what the last congress left unfinished,
and Of this he says:
II again recommend a law prohibiting
al corporations from contributing to tbs
Q bifl has already past one house of con-
qrsss. Let individuals contribute as they
fssire; h't let US prohibit in effective
fAshio-. all corporations from making
oentr buttons for any political purpose.
airect..' CO Indirectly.
Another bill which has Just past one
gently necessary should be enacted into
sAw is that comforting upon tho govern
mont the right Of appeal in criminal
exists in many of the states; 1t exists in
the District of Columbia by set of the
congress. 1t is Of course not proposed
fandant on the merits should be set
aside. Recently in one district where
the government had indicted certain per-
sons for conspiracy In connection with
bebates, the court sustained the defend
ants demurrer; while in another juris-
Aiction an indictment for conspiracy to
the court, convictions obtained under IL,
and two defendants sentenced to impris-
eminent The two cases referred to may
pet be in real conflict with each other,
but II IL unfortunate that there should
even be an apparent conflict. At pres
eat there is no way by which the gov
d occurs. to be solved by an appeal to
o higher court; and the wheels of justice
are blocked without any real decision of
yrge the passage of the bill in question
A failure to pass will result In seriously
hampering the government in its effort
wealthy individuals OF corporations who
% wrong; and may also prevent the
government from obtaining Justice for
shle effectively to contest a case where
tha Judgment OF an inferior court has
been against them: have specifically
Judge leaving railway employees with
cut remedy for violation of certain So
Halled labor statute; It seems an absurd
ty TO permit a single district judge,
against what may he the judgment of
the immense majority of his colleagues
On the bench, to declare law solemnly
enacted by the congress to be ''uncon-
stitutionsl," and then to deny to the
government the right to have the SUI
Preme court defln itely decide the Ques-
bon"
Evasion by TechnlcaIities.
I'm connection with this matter, would
Hike 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
eourts 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
stantial Justice. 1t would be well to en-
effect that:
No judg nent shall be set aside or new
trial granted in any cause, civil or GRIM
tnal, on the ground of instruction of the
Jury or tie improper admission or re
lection of evidence, or for error as TO any
matter of pleading or procedure unless,
In the opinion ot the court to which the
application ls made, after an examina-
ton of the entire lduse, it shall affirma-
lively appear that the error complained
justice "
Iniuuctions.
On the subject OF the abolition of in
functions IN labor disputes he says:
Sin my last message l suggested the en-
actment of law in connection with the
issuance OF injunctions attention hav-
fng been sharply drawn to the matter
by the demand that the right of apply
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
stRnd the test of the courts; in which
knsffective. Moreover, / believe 1t would
b. wrong altogether to prohibit the use
Ct iniunctions. 1t is criminal to permit
sympathy with criminals to weaken our
hands in unfolding the law: and If men
seek to destroy life property by mob
violence there should be no Impairment
ef the powsr OF the courts to deal with
them in the most summary and effective
way possible. But SO far as possible the
ssuse Of the power should Be- provided
Against by some such law as advocated
"in this matter OF intunctions there is
>sdged in the hands Of the judiciary a
sas5ect 10 the possibility Of grave abuse,
with sxtrerne care and should be sub
tent to the Jealous scrutiny of all men
And condemnation should be melted out
- much to the Judge who falls to use
q boldly when necessary as to the judge
Yhs uses IL wantonly or oppressively
course. a Judge strong enough to be
o. for his ONCE will enjoin any resort
b violence or intimidation. especially By
eenspiracy, no matter what his opinion
hay be Of the rights of the original qlar-
tsi- There must be no hesitation in
likewise be no such abuse OF the In
Anctive power as is implied In forbidding
hnhoring men to strive for their own bet
terment In peaceful and lawful ways:
10 aid some big corporation in carrying
gut schemes for its own ACKNOWLEDGEMENT
Il must be remembered that a prelim-
khary injunction in a labor case, II
Granted without adequate proof (even
When authority can be found to support
tAe conclusions OF law on which Ii is
feunded), may often settle the dispute
katween the parties: and therefore IL
improperly granted may do lrreparabe
wrong. Yet there are many judges who
assume a matter-ot-fact course granting
on a preliminary injunction to be the
ordinary and proper judicial disposition
Of such cases: and there have undoubt-
eddy been Migrant wrongs committed
by Judges in connection with labor dis
suites even within the last few years
altho I think muchs less often than In
former years. Such judges by their uu-
rtse action immensely strengthen the
hands Of those who are striving entirely