Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1906-12-05
THE PRESIDENTS
ANNUAL MESSAGE
To LAWMAKERS
Recommends Legislation on
New and important
Subjects.
INCOME INHERITANCE TAX
He Believes Such Laws Would Curb
Growth of Fortunes to DAN
gerous Proportions.
INCOME : INHERITANCE TAX
His Views on Negro Question-Asks
for Currency Reform, and Shipping
BHl-WouId Make Citizens of Japs
MANY Other Important Subjects
Discussed.

Washington. Dec. 3.-President Roose-
Velts message to the second session of
the Fifty-ninth congress deals with a
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-
ton. the preaching of class hatred
between capital and labor, additional legis-
iaton for the control of large corpora
tons. 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:
II again recommend law prohibiting
all corporations from contributing to the
campaign expenses of any party. Such
a bin 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
ment the right of appeal in criminal
cases on questions of law. This right
exists in many of the states; it 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
the government had indicted certain per-
sons for conspiracy in connection with
relates the court sustained the defend
ants demurrer; while in another juris-
diction an indictment for conspiracy to
obtain rebates has been sustained by
the court convictions obtained under it.
and two defendants sentenced to impris-
'onment. The 4wo cases referred to may
not be in real conflict with each other,
but 1T is unfortunate that there should
even be an apparent conflict. At pres
eminent can cause such a conflict' When
1T occurs. to be solved by an appeal to
a higher court; and the wheels of justice
are blocked without any real decision of
the question. l 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
20 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
the judgment of inferior court has
been against them. l 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 absurd
ity to permit single district Judge.
against what may be the Judgment of
the immense majority of his colleagues
on the bench. to declare a law solemnly
stitutional,' and then to deny to the
government the right to have the SUI
preme court definitely decide the ques-
ton"
Evasion by Technlcalities.
"In connection with this matter. would
IKE to call attention to the very unsat-
sfactory 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 we'll to en-
effect that:
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 or the improper admission or re-
lection of evidence, or for error as to any
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, ii shall affirna-
lively appear that the error complained
OF has resulted in miscarriage OF
Justice
IniunctioHs.
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 a law abolishing altogether the
use of inJunctiops in such cases would
case of course the legislation would be
ineffective. Moreover. l believe it would
OF injunctions. 1t is criminal to permit
sympathy with criminals to weaken our
hands in upholdlng the law; and if men
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 as 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 a
subject To the possibility of grave abuse
1t is power that should be exercised
ject TO the Jealous scrutiny of ali men.
and condemnation should be melted out
as much to the judge who fails to use
1T boldly when necessary as 10 the Judge
who uses Ii wantonly or oppressively
OF course. a Judge strong enough to be
10 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
dealing with disorder. But there must
likewise be no such abuse OF the in
1unctive power as is implied in forb:ddinc
iaboring 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 carryinc
out schemes for its own ACKNOWLEDGMENT
II must be remembered that preIim-
granted without adequate proof aeve II
when authority can be found to support
the conclusions Of law on which it is
-founded). may often settle the dispute
between the parties; and therefore II
improperly granted may do irreparablt
wrong Yet there are many Judges who
assume n matter-of-fact course ssrantine
of preliminary Injunction TO be the
ordinary and proper judicial disposition
of such cases: and there have undoubt-
eddy been fragrant wrongs committed
by judges In connection with labor dis
putes even within the last few years
altho I think much less often than ii
former years. Such judges by their un.
wise action immensely strengthen the
hands Qf those who are striving entlEel,