The Birmingham age-herald., 1906-12-05
PRESIDENT ROOSEVETS MESSAGE FULL SUGGESTIONS
FavOrs Inheritance Tax, Swift Pun ishment for LynChing, Currency Reform, Larger Navy and In=
 vestigation of Child Labor.
 Lower Tariff for Cuba.

 before Congress today, is as follows:
 To the Senate and House of Representa-
 tives:
 As a nation we still continue to enjoy a literally unprecedented prosperity; and 1t is probable that only reckless specula- tion and disregard of legitimate business methods on the part of the business world can materially mar this prosperity No Congress in our time has done more good work of importance than the present Congress. There were several matters left unfinished at your last ses- sion, however, which I most earnestly hope you will complete before your ad- journment
 Corporation Campaign Contributions. again recommend a law prohibiting all corporations from contributing to the campaign expenses of any party. Such a bill has already passed one House of Congress. Let individuals contribute as they desire; but let us prohibit in effec- tive fashion all corporations from mak- ing contributions for any political pur- pose, directly or indirectly.
 Governments Rights of Appeal in
 Criminal Cases.
 Another bill which has just passed one house of the Congress and which 1t is urgently necessary should be enacted into law is that conferring 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 Dis trict of Columbia by act of the Congress. It is of course not proposed that in any case a verdict for the defendant on the merits should be set aside. Recently in one district where the governmnt had in- deted certain persons for conspiracy Tn connection with rebates, the court sus- tained the defendants 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 sentenced to imprison- ment. 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 present there is no way by which the government can cause such a conflict, when It oc- CUTS, to be solved by an appeal to high CT court; and the wheels of justice are blocked without any real decision of the question. I can not too strongly urge the passage of the bill in question. A failure to pass it will result in seriously hamper ing the government in its effort to obtain justice, especially against wealthy indi- viduals corporations who do wrong; and may also prevent the government from obtaining justice for wageworkers who are not themselves able effectively 10 contest case where the Judgment or an inferior court has been against them. I have specially in view a recent de- cision by a district judge leaving rail- way employees without remedy for viola tjon of a certain so-called labor statute. It seems an absurdty to permit 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 su- preme court definitely decide the ques- tion.
 It is well to recollect that the real eff ficiency of the law often depends not upon the passage of acts as to which there is great public excitement, but up- on the passage of acts of this nature as to which there is not much public ex- citement, because there is little public understanding of their importance, while the interested parties are keenly alive to the desirability of defeating them. The importance of enacting into law the par ticular bill in question is further in- creased by the fact that the government has now definitely begun a policy of re- sorting to the criminal law in those trust and interstate commerce cases where such a course offers a reasonable chance of success. At first as was proper, every effort was made to enforce these laws by civil proceedings; but it has become in- oreasingly evident that the action of the government in finally deciding in certain cases, to undertake criminal proceedings was justifiable; and though there have been some conspicuous failures in these cases, we have had many successes which have undoubtedly had a deterrent effect upon evl-doers, whether the penalty in- ficted was in. the shape of fine or im- prisonment-and penalties of both kinds have already been inflicted by the courts. Of course, where the judge can see his way to infict the penalty of imprison rnent the deterrent effect of the punish 1nent on other offenders is increased: but sufficiently heavy fines accomplish much. Judge Holt of the New York district court, in a recent decision admirably stated the need for treating with just severity offenders of this kind. His opin- ion runs in part as follows:
 "The governments evidence to establish the defendants guilt was clear, conclu- sive, and undisputed. The case was fragrant one The transactions which took place under this illegal contract were very large; the amounts of rebates re- turned were considerable: and the amount of the rebate itself was large amounting to more than one-fifth of the entire tariff charge for the transportation of mer- chandise from this city to Detroit It is not too much to say, in my opinion. that if this business was carired on for a considerable time on that basis-that is if this discrimination in favor of this particular shipper was made with an IS instead of 23 cent rate and the tariff rate was maintained as aginst their competitors-the result might be and not improbably would be that their competitors would be driven out of busi- ness. This crime is one which in it's nature is deliberate and premeditated. I think over a fortnight elapsed between tho date of Palmer's letter requesting the reduced rate and the answer of the railroad company deciding to grant it, and then for months afterwards this business was carried on and these claims for rebates submitted month after month and checks in payment of them drawn month after month. Such a violation of the law. in my opinion, in it's essential -e.''-- much more heinous act
 common, vulgar crimes
 ore criminal courts con lshment and which arise
 fE asl5r ssion or temptation. This tfnf 'e was committed by men
 ti l4a d of large business ex-
 standing in the commu-
 lat they might have been
 an example of obedience
 e maintenance of which
 ntry the security of their
 S. It was committed on
 eat railroad corpora ton,
 CT railorad corporations.
 ltuitously from the state
 le privileges for the pub
 and it's own, which per-
 ,lic functions and which
 afrf the highest obligation
 rf