The Spanish Fork press. [volume] (Spanish Fork, Utah) 1902-current, 1906-12-06

MANY Other important Subjects
Discussed.
Washington, Dec. S.-PresIdent Roose-
vslts message to the second session of
the Ftfty-ninth congress deals with a
rumber of new and important subjects,
chef OF which is the government prose-
sutlon of the trusts, the abuse of injunc-
ions in labor troubles, the negro ques-
ton, the preaching of class hatred
wtween capital and labor, additional legis-
hton for the control of large corpora
tons, a federal inheritance and income
TAX law and currency reform.
The message opens with a statement
n what the last congress left unfinished,
snd OF this he says:
II again recommend a law prohibiting
I'll corporations from contributing to the
mmpalgn expenses of any party. Such
bill has already past one house of con-
ress. Let individuals contribute as they
issire; but let us prohibit in effective
fashion all corporations from making
contributions for any political purpose,
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
nent the right of appeal in criminal
ases 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 verdict for the de-
.endant on the merits should be set
aside. Recently in one district where
the government had Indicted certain per-
sons for conspiracy in connection with
rebates. the court sustained the defend
tnts demurrer; while in another juris-
tlction an indictment for conspiracy to
obtain rebates has been sustained by
e. the court, convictions obtained under it,
and two defendants sentenced to impris-
onment The two cases referred to may
not be in real conflict with each other.
but It is unfortunate that there should
even be an apparent conflict. At pres
ent there is no way by which the gov
eminent can cause such a conflict, when
III occurs, to be solved by an appeal to
Ia 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.
hampering the government in its effort
10 obtain justice, especially against
wealthy individuals or corporations who
do wrong; and may also prevent the
government from obtaining justice for
|wageworkers who are not themselves
able effectively to contest a case where
been against them; ] have specifically
I'm view a recent decision by a district
Judge leaving railway employees with
out remedy for violation of certain So
lty 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-
stitutional," and then to deny to the
government the right to have the SUI
preme court definitely decide the ques-
ton"
Evasion by Technlcalities.
I'm connection with this matter, would
like 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
courts on technicalites 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. II would be well to en-
act a law providing something to the
effect that:
NO Judgment shall be set aside or new
trial granted in any cause. civil or Grim.
inal, on the ground of instruction of the
jury or the improper admission or re-
matter of pleading or procedure unless
in the opinion of the court to which the
application is made. after an examina.
ton OF the entire cause, 1t shall affirma.
lively appear that the error complained
OIL has resulted in a miscarriage OF
Justice "
lnlunctions.
On the subject of the abolition of in.
functions in labor disputes, he says:
In my last message suggested the en-.
actment of a law in connection with the
issuance of injunctions, attention hav.
ing 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 law abolishing altogether the
use of injunctions in such cases woulC
stand the test of the courts in which
case of course the legislation would be
iuAnprfiNp MnrAnVpr hpligVa
be wrong altogether to prohibit the us,
OF inJunctions. 1t is criminal to permit
sympathy with criminals to weaken oul
hands in unfolding the law; and If mer
seek to destroy life or property by moi
violence there should be no impairment
OF the power of the courts to deal will
them in the most summary and effectiv,
way possible. But so far as possible thu
abuse of the power should be provided
against by some such law as / advocated
last year.
lodged in the hands of the judiciary
necessary power which is nevertheless
subject TO the possibility of grave abuse
Y is power that should be exercised
with extreme care and should be sub
ect to the jealous scrutiny of all men
and condemnation should be meted gu
20 much to the Judge who fails to us,
Y boldly when necessary as to the judg,
who uses 1t wantonly or oppressiVeiy
" course. a judge strong enough to b,
n for his office will enjoin any resor
W violence or intimidation, especially b.
Conspiracy, no matter what his opinion
may be of the rights of the original quar-
rel There must be no hesitation II
aaealing with disorder. But there mus
likewise be no such abuse OF the in
lanctive power as is implied in forbiddin,
aooring men to strive for their own bet
nrment in peaceful and lawful ways
nor must the injunction be used merel,
70 aid some big corporation in carrying
Sut schemes for its own ACKNOWLEDGMENT
must be remembered that a prellm
mary Injunction in labor case, /
Granted without adequate proof lever
,nhen authority can be found to supper
we conclusions of law on which II 4
Iounded), may often settle the DISPUTE
Sstween the parties; and therefore /
Improperly granted may do irreparabl
wrong Yet there are many judges WIFI
sSssume a matter-of-fact course granting
VA preliminary injunction to be tn,
Sw,unary and proper judicial disposition
such cases: and there have undoubt
SS'y been fragrant wrongs committed
ny, Judges in connection with labor dis
sSStes even within the last few years
;osno l think much less often than II
Ssn years; Such Judges by their un
Sse action immensely strengthen tn
nus 81 those who are striving entirel.