Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-04
The President of the United
States today sent the following

The President of the United
States today sent the following
| message to Congress:
To the Senate and House OF Representatives
AS nation we still continue to enjoy
| literally unprecedented prosperity; and 1t Is
| probable that only reckless speculation and
disregard Of legitimate business methods or
the part Of the business world can material
| ly mar this prosperity.
No Congress in our time has done more
good work of importance than the present
Congress. There were several matters lef'
| unfinished at your last session, however
which 1 most earnestly hope you will CON-
plete before your adjournment.
Corporation Campaign Contributions.
I again recommend a law prohibiting all
corporations from contributing to the CAM
paign expenses of any party. Such bill
has already past one House Of Congress.
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.
Governments Right Of Appeal in
Criminal Cases.
Another bill which has Just past one
House of the Congress and which 1t Is urg-
emily necessary should be enacted into law
| Is that comforting upon the Government the
right of appeal in criminal cases on ques-
tons of law. This right exists in many OF
the States; 1t exists in the District of Co
lumbia by act Of the Congress. 1t is OF
course not proposed that in any case YER
dict for the defendant on the merits should
be set aside Recently in one district where
the Government had indicted certain per-
sons for conspiracy in connection with re-
bates. the court sustained the defendant
demurrer; while in another jurisdiction an
indictment for conspiracy to obtain rebates
has been sustained by the court, convictions
obtained under it, and two defendants SEN
fenced to imprisonment. The two cases re-
ferred to may not be in real conflict with
each other. but it is unfortunate that there
should even be an apparent conflict AT
present there is no way by which the Gov
eminent can cause such conflict, when 1t
occurs. to be solved by an appeal to higher
court; and 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 tc pass 1t
will result in seriously hampering the Gov
eminent in its effort to obtain justice, espe-
cially against wealthy individuals or cor
porations who do wrong; and may also pre-
vent the Government from obtaining Justice
for wageworkers who are not themselves
able effectively to contest q case where the
judgment of an inferior court has been
against them. / have specifically in view
a recent decision by a district judge leaving
railway employees without remedy for vio-
lation of certain so-called labor statute.
1t seems an absurdity 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
unconstitutional and then to deny to
the Government the right to have the SUI
preme Court definitely decide the question.
1t is well to recollect that the real eff
cheney of the law often depends not upon
the passage of acts as to which there Is
great public excitement but upon the
passage Of acts of this nature as to which
there Is not much public excitement, be-
cause there is little public understa nding
of their importance. while the interested
parties are keenly alive to the desirability
of defeating them. The importance of en-
acting into law the particular bill in ques-
ton is further increased by the fact that
the Government has now definitely begun
policy of resorting to the criminal law
in those trust and interstate commerce
cases where such course offers reason
able chance Of success. At first, as was
proper. every effort was made to enforce
these laws by civil proceedings; but 1t has
become increasingly evident that the action
of the Government in finally deciding, in
certain cases, to undertake criminal pro-
ceedings was justifiable; and tho there have
cot
cases. we have had many successes. which
have undoubtedly had deterrent effect
upon evil-doers. whether the penalty in
flicted was in the shape Of fine or imprison-
ment-and penalties Of both kinds have al
ready been inflicted by the courts. OF
course, where the Judge can see his way
to inf1ict the penalty of imprisonment the
deterrent effect of the punishment on other
offenders Is increased: but sufficien heavy
fines accomplish much. Judge Holt. of the
New York district court, in recent deci-
sion admirably stated the need for treating
with just severity offenders Of this kind.
His opinion runs in part as follows:
Judge Hollis Opinion.
1.-THE Governments evidence to establish
the defendants guilt was clear, conclusive,
and undisputed. The case was a flagran:
one. The transactions which took place
under this illegal contract were very large;
the amounts Of rebates returned were con-
siderable: and the amount of the rebate
itself was large, amounting to more than
one-fifth Of the entire tariff charge for the
transportation of merchandise from this
city to Detroit. It Is not too much to say,
in my opinion that If this business was
arried on for a considerable time on that
ha sfs-fhat is If this discrimination in favor
Of this particular shipper was made with
an 10 instead OF q cent rate and the
tariff rate was maintained as against their
competitors-the result might be and not
improbably would be that their competi-
tors would be driven out of business. This
crime Is one which in its nature is DELHI
crate and premeditated. I think over q
fortnight elapsed between the date of Pal
mer's letter requesting the reduced rate and
the answer of the railroad company
deciding to grant 1t. and then for
months afterwards this business was
carried on and these claims for re-