Charlevoix county herald. (East Jordan, Mich.) 189?-1953, 1906-12-15
THE PRESIDENTS
ANNUAL MESSAGE
To LAWMAKERS
Recommends Legislation on
New and important
Subject.
INCOME INHERITANCE TAX
He Believes Such Laws Would Curb
Growth of Fortunes to DAN
gerous Proportions.
His Views on Negro Question-Aoks
for Currency Reform, and Shipping
Bii-Would Make Citizens Of Japs
Many Other Important Subjects
Discussed.

Discussed.
Washington. Dec 3.-President Roose-
velts message to the second session of
the E'iftY-ninth congress deals with a
number or now and important subjects,
chief OF which is the government prose-
eution of the trusts the abuse of injunc-
tons in labor troubles, the negro Ques-
ton, the preaching of class hatred
Between capital and labor, additional legis-
lation for the cont. oil of large corpora
lions, a federal inheritance and income
tax law and currency reform.
The message opens with n statement
OF what the last congress left unfinished,
and OF this he says:
81 again recommend a law prohibiting
all corporations from contributing to the
campaign expenses of any party. Such
q bill has already past one house of con-
gress. 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
nnent the right Of appeal in criminal
cases on questions Of law. This right
exists In many of the states; 1t exists in
the District of Columbia by act of the
congress. 1t is of course not proposed
that in any case a verdict for the de-
PENDANT on the merits should be set
aside. Recently in one district where
che government had indicted certain per-
sons for conspiracy in connection with
rebates, the court sustained the defend
ANS demurrer: while in another juris-
cIction ON indictment for conspiracy to
obtain rebates has been sustained by
The court, convictions obtained under 1t,
and two defendants sentenced to impris-
onment. The two cases referred to may
not be I'm real conflict with each other.
" ETK. CHI Il
even be an apparent conflict At pres
ent there is no way by which the gov
eminent can cause such conflict, when
It occurs. to be solved by an appeal to
q higher court: and the wheels of justice
are blocked without any real decision of
the question. i can not too strongly
A failure to pass will result in seriously
hampering the government in its effort
20 obtain justice. especially against
wealthy individuals or corporations who
government from obtaining justice for
wageworkers who are not themselves
able effectively to contest a case where
the Judgment of an inferior court has
been against them. / have specifically
in view recent decision by a district
judge leaving railway employees with
out Remedy for violation of a certain So
called labor statute. 1t seems an absurd
ity 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 tn be "uncon.
stitutional." and then to deny to the
governments the right to have the SUI
preme court definitely decide the ques-
ton"
Evasion by Technicalities.
..In connection with this matter, l would
like to call attention to the very unsat-
isfactory state of our criminal law, re-
eultfng i'm large part from the habit of
setting aside the judgments of inferior
courts on techuicalities absolutely UNI
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:
mo Judgment shall be set aside or new
trial granted in any cause. civil or Grim
iral, on the ground OF misdirection of the
Jury or the improper admission or re-
3ection of evidence, or for error us to any
matter of pleading or procedure unless,
In the opinion of the court to which the
application is made, after an eXamina-
tion of the entire cause, II shall afiirma-
lively appear that the error complained
oil has resulted in miscarriage of
Justice "
Injunctions.
On the subject of the abolition OF in
functions i'm labor disputes. he says:
.'In my last message | suggested the en-
issuance of injunctions, attention hav-
ing been sharply drawn to the matter
by the demand tnat the rlSnl or apply
ing injunctions in labor cases should be
wholly abolished IL is at least doubtful
whether a law abolishing altogether the
use of injunctlons in such cases would
stand the test of the courts; In which
case of course the legislation would be
ineffective. Moreover, l believe 1t would
be wrong altogether to prohibit the use
Of injunctions. 1t is criminal to permit
sympathy with criminals to weaken our
hands in UNFOLDING the law; and if men
seek to destroy life, OF, property by mob
dhn ha frNVN af,.,,,. .
Of the power of the courts to deal with
them I'm the most summary and effective
, ss the Should be BsSS praSd 5s
against by someSsuch law as l advocated
Ain this matter of injunctions there is
lodged I'm the hands OF thu judiciary a
NECESSARY power which is nevertheless
subject to the possibility of grave abuse.
It Is a power that should be exercised
With extreme care and should be sub
feet 60 the jealous scrutiny OF all men,
and condemnation should be meted out
"a much to the judge who fails to use
f. Boldly when necessary as to the judge
who uses it wantonly or oppresslveiy.
OF course, a Judge strong enough to be
at for his Office will enjoin any resort
TO 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
deaIInC with disorder. But there must
likewise be no such abuse of the i'm
sunctive power as is implied in forbldding
Iaboring men to strive for their own bet
termenf I'm peaceful and lawful ways:
nor must the i7junction be used merely
20 aid some big corporation in carrying
out schemes for its own ACKNOWLEDGMENT
IL must be remembered that a prelm-
mary injunction I'm labor case, II
granted without adequate proof (even
when authority can be found to support
the conclusions of law on which 1t Is
founded). may often settle the dispute
between tho parties; and therefore II
improperly granted may do irreparable
assurne a matter -of-fact course granting
F preliminary Injunction to be the
erdInsty and proper judicial disposition ,..
SdSv been hagrRnt wrongs committed
b Judges In connection with labor dis
yvtee evcn tn,m tne ,ast ,. low years !,
foruer years, Such judges by their un.
wise aetion Immensely strengthen ths