Omaha daily bee., 1906-12-05

WASHINGTON, Dec. 4--The annual mes
sage OF the president OF the United States
to the congress was read in both houses
at noon today. It's domestic recommenda-
tions are as follows:
To the Senate and House OF Representa-
tives:
AS nation we still continue 10 enjoy
a literally unprecedented prosperity; and
IL is probable that only reckless specu-
lation and disregard of legitimate bust
ness methods on the part OF the business
world can materially mar this prosperity
good work Of importance than the present
congress. There were several matters
left unfinished at your last session, now, now,
ever which most earnestly hope you
will complete before your Adjournment.
l again recommend a law prohibltlns
all corporations from contributing 70 tns
a bill has already Iessed one house M oil
congress- Let individuals contribute as
fective fashion all corporations from max
ing contributions for any political pur-
pose, directly or indirectly.
Governments Right TO Appeal.
Another bill which has just passed one
house Of the congress and which II IL
urgently necessary should be enacted into
ment the right OF appeal in criminal
cases on questions OF law. This rlgh.
exists IN many states II exists IN the tne
I
gress. II is, OF course not proposed that
IN any case a verdict for the defenoan.
He mes dsi s4ga %bsTs S Is tba fsids RE
ment had indicted certain persons 70
conspiracy in connection with rebates
the court sustained the defendants de-
/ murrer; while IN another Jurisdiction an
! indictment for conspiracy TO obtain re
bates has been sustained by the court
convictions obtained under II, and ave
/ defendants sentenced to Imprisonment.
/ The two cases referred 10 may not be in
/ real conflict with each other, but II 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 II occurs,
court, and the wheels OF justice are
I blocked without any real decision or Ihe
| question. can not TOO strongly urge
/ failure TO pass IL will result In seriously
/ hampering the government n its enorl
to obtain gSuss. esPee1si eGno oSt aIGSl 5t
/ do wrong; and may also prevent the
! government from obtaining justice foI
I wageworkers who are themselves able ef-
I fectvely to contest case where the judg-
4 ment OF an inferior court has been
Z against them. have specifically In view
/ a recent decision by a district judge leav-
! ing railway employees without remedy foI
! violation Of a certain so-called labor
( statute. IL seems an absurdity 10 permit
( a single district Judge, against what may
/ be the Judgment OF the immense ma jority
! OF his colles gues on the bench. 70 declare
! a law solemnly enacted by the congress
{ to be unconstitutional" and then 70 deny
] 10 the government the right 20 have the
/ supreme court definitely decide the Iues-
| tion.
Inferior Courts a Danger.
p In connection with this matter / Woult
like 20 call attention 10 the very unsatis
factory state Of our criminal law, result
ing ia large part from the habit Of settinI
aside the judgments OF inferior courts OF
technieaiities absolutely uncOnnected via
the merits OF the case, and where theu
I Is no attempt 10 show that there has be
any failure Of substantial Justice. II wOuli
be well 20 enact law providing something
10 the effect that:
No Judgment shall be set aside OF new
. trial granted IN any cause, civil OF Grim
inal on the ground Of misdirection OF IN
Jury as 70 any matter Of pleading o. pro
cedure unless, in the opinion Of the Cour
10 which the application b. made, az e
f An examination Of the entire cause. Il Ehal
affirmatively appear that the error com
planned Of has resulted In a miscarriage o
justice
In my last message ! suggested the enact
ment of a law in connection with the Is
ellance OF iniunctions, attention having beei
Eharply drawn 10 the matter by the demanl
thai the night Of applying injunctions d
labor cases should he wholly abolished. I
h al least doubtful whether a law abolish
ing altogether the use Of inluuCtiOns q
SEA- sasss would stand ths +@-t ~ th