The Rich Hill tribune. (Rich Hill, Mo.) 1903-1911, 1906-12-06

Washington. Dec. l-President Roose-
veits message 20 the second session OF
the ~Ftfty-uinth congress deals with a
number 90 new and important subjects.
chief ~ which Is the government prose-
cuuon OF the trusts. tho abuse OF in5unc-
tons ln labor troubles. the negro Ques-
uon. the preaching OF class hatred
between capital and labor. additional legIs-
lation for the control or large corpora
uona. "a federal Inheritance and income
tax law and currency reform.
The message opens with "a statement
OF what the last congress left unfinished.
and cf This DE says;
I again recommend g law prohibiting
all corporations from contributing 90 the
campaign expenses or any party. Such
a ul has already past one house OF cou-
gross Let individuals contribute as they
fashion au corporations from making
contributions for any political purpose.
"Arother BIN which has Just past one
house Of the congress and which ts ur-
gently necessary should be enacted into
law is that cQnferUing upon the govern
ment the iRht OF appeal In criminal
cases on questions OF law. This right
exists IN many Of the states 81 exists IA
the District of Coiumbia by act OF the
congress. u Is q course not proposed
that ln any case a verdict Ter the de-
iendant on ne merits should be SET
the government had indicted certain per-
sons for conspiracy ia coguection with
rebates. the court sustained the defend
ants demurrer: while in another Juria-
dicjiun an Indictment Tor conspiracy 60
obtain rebates has been sustained by
the court. convictions obtained under a.
and two defendants sentenced 20 impris-
onmcnt. The two eases referred 20 may
not DO IN real conflict with each other,
but ~ Is unfortunate that there should
even be an apparent conflict Al pres
ent there 81 no way BY which the gov
eminent can cause such a conflict when
a. occurs. 90 he solved by an appeal 60
q higher court. and she wheels 81 Justice
are blocked without any real decision %
the question. j can not too strongly
urge the passage % she bll Sea question.
a failure 20 ptHa win result In seriously
hamperinE the government ln Sc EFFORT
% obtain justice, especially against
wealthy Individuals or corporations Who
government from obtaining Justice for
N-uEeN0rkgra who are Ult themselves
abe effectively % contest g ease where
the Judgment az an Inferior court h9a
been against them. have specifically
IN view q recent decision by "a district
sudgo lcaving railway employees with
called labor statute. u seems an absurd
~ 90 permit a single district Judge
the Immense majority 1g his colleagues
on the bench, 90 declare a law aolemnl}
sh4ete1 ~, 'ns ~
prems court -denniieiy decide the ques-
uon"
Evasion BY TeehnicalitleE.
I'm connection with this matter. I would
Xix 20 call attention GO thc very uuEat-
lsfactory state % our criminal law, re-
EulunE in lhrEe part from the habit OF
setting aside the judgements % inferior
courts on technicaiitlcs absolutely un-
contested with the merits 81 the case.
and where there is no attempt 10 show
that there has been any %faiiure Of sub
act a law providing something 10 the
effect that;
trial Erauted IN any cause rivl or Grim
mai, uu the ground of mlgtirectlon % the
jury or tho impropFr admission or re-
matter OF pleading oF procedure unless
in she opinion % the roHrt 60 which she
application a. made, after aa exgmina-
lively appear that the error complained
OF has resulted n a misCarriaEc oi
1uatce
injunetions.
On the subject 90 the abolition of Ga.
functions ln labor diHputeH, he says
ON my last message 4 suggested the en-.
actment OF "a law n connection with the
ING been SHARPLY drawn 20 lie matte,
by tho demand that the right ~ apply.
ms iufancuona IN labor cases should b.
whether a ;a~ aboilshibg altogether th,
zee % injuncuoun IN such cases wpula
stand the test o. the courts. On which
case OF course tho LEGISLATION would b,
ineHcCuvc- Moreover, / believe "a would
BE- wrong altogether 20 prohibit tho us,
sympaihy with criminals 10 weaken oui
hands In upholaing the law; ana " mel
seek 60 destroy hie o. property hY moi
OF the power % the courts 20 deal witt
them in tile most summary and enCcuy.
SSg Po ri ,ss b hSs should bS S rSssii ia'
against ~ some such las as 1 adVocato,
lin DIS matter OF inIuncuons there {,
l0dFod in the hands 81 the judiciary /,
necessary power which D. nevertheless
fg'@ees w Sowwcr itsat should f. exere
with extreme care ana should BE- sub
sect 90 me Jealous scruuny of an men
a. mitch 90 the iudEc who fails o. us'
"a boldly when necessary as Go the tudgi
who uses wahton,y OF SpnrSssisei
I'D tar his me- will cn1oin any rosor
20 violence or Intimidation. especially bl
MAJ 6s 81 the uFhts Of he original guSr
rel There must be no hesitation ID
deallng with disorder But there mus
j%uuctlvo power as q implied On f~orbiddinl
iaboring men 60 strive Tor their own bet
tonirnt in peaceful and lawful ways
nor must the Injunction BE- used merely
20 aid some big cooperation in carryin.
Qua schemes for its eon agsrandilemeul
mary Injunction in a labor caso. 3
granted without adequate proof level
whom authority can b. found 90 suTpor
founaedl. may often settle the dispute
between inc parties, and therefore B
~rene Yea t6ere ~ many i1ires M.
assume d mattcf-ofrfaCt course Erautinl
on "a preliminary Injunction Co ha th
ordinary uua proper lnHlClal uiHnnsituI
81 such Caloa and there have unlouht
eliF been nAHfanf WRONGS commute
~ ladFee in e9gnee,.et WITH laeor ds
aithn mini much lrr1 often than f
folmcr years such judges hg their uu
Nltf action i~uIuCufelY utIenNthcn 90
han9g Qf thQsc HhQ .erl Strives enNrgi