The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-18
RIPS THE COURT.
esidentROOseveit Fires AnOth-
er Message at Congress.
Calls Attention to the Beef
Trust Decision.
CALLS FOR NEW LAW.
Hard to Get Justice on Offenders
at the Best.
Believes Other Judges will Not
Follow Humphrey.
CALLS FOR NEW LAW.

Washington April 1s.-In speclai
message delivered to the congress To-
dav President Roosevelt declares tnat
the result of the recent trial of the
.sbeef packers in Chicago was mis-
carriage of justice and that the in
terpretation placed by Judge Hum
phrev on the will of congress, lis sueh
as to make that viii absolutely abor-
tive"
The message which is most sensa-
tional ia character, is based largely on
letter to the president from Attorney
General Moody, in which the attorney
general reviews the proceedings OF the
case Of the government against the peer
packers.
The president says it is clear that no
criticism attaches to Commissioner
Garfield as what he did was IN 2ulsu-
ance of a duty imposed on him by con-
gress. He refers sharply. however 70
the decision of Judge Humphrey say
ing that congress could not nave Iore-
seen such a decision and that he can
hardly believe that the ruling OF Judge
Humphrey will be followed by olhsi
judges He declared that sucn inter
probation of the law as that placed on
it by Judge Humphrey comes meas
ureably near making the law farce
and he recommends that congress pass
a declaratory act stating its real IN
TenllOU. he pl EElQFllt dt9D IGN A~1-1
congress to confer upon the govern
ment, by statute the same right OF ap-
peal in criminal cases, which the de-
fendant now enjoys, where the merits
Of the case have not been determined.
The full text of the message follows:
The Message.
ITO the Senate and House of Represen-
Il submit herewith a letter of the at
torney general enclosing a statement
of the proceedings of the United States
against the individuals and corpora
ti0ns commonly known as the beer
packers and commenting upon the de-
cision of District Judge Humphrey The
result has been a miscarriage of justice
It clearly appears from the letter Of
the attorney general that no criticism
whatever attaches to Commissioner
Garfield what he did was in strict ac-
cordance with the law and in pursuance
of a duty imposed on him by congress,
which could not be avoided; and, OF
course. congress in passing the Mar
tin resolution could not possibly have
foreseen the decision of Judge Humph-
Tey.
but this Interpretation by Judge
Humphrey of the will of the congress
as expressed in legislation is such as
to make that win absolutely abortive.
Unfortunately there is grave doubt
whether the government has the right
of appeal from this decision Of the dis
trict Judge The case we'll illustrates
the desirability Of comforting upon the
government the same right of appeal in
criminal cases. on questions of law
which the defendant now has. in all
cases where the defendant had not been
put In jeopardy by trial upon the
merits of the charge made against him.
The laws Of many of the states, and
the law of the District of Columbia
recently enacted by the congress. give
the government the right of appeal. a
general law of the character indicated
should certainly be enacted.
Furthermore. it is very desirable tc
enact a law declaring the true construc-
ton of the existing legislation so fal
as 1t affects immunity.
Has Not Lost Faith.
u can hardly believe that the ruling
of Judge Humphrey will be followed by
other judges; but if it should be follow
ed the result would be either complete
" to nullify very much and possibly
the major part. of the good to be obtain
ed from the interstate commerce Law
and from the law creating the bureau
of corporations in the department o
commerce and labor; or else frequently
to Obstruct an appeal to the crimina
laws by the department ofjustice. Their
seems to be no good reason why tn
department of justice. the department
state commerce commission each shOuh
not for the common good, proceed with
In its own powers without undue inter
ference with the functions Of the other
ut is of course necessary under tn
constitution and the laws that per
sons giving testimony or producing evi
dence as witnesses should receive i'm
munity from prosecution. 1t ha
hitherto been supposed that the i'm
munity conferred by existing law
vas only upon persons who. bein
subpoenaed, had given testimony O
produced evidence as witnesses relat
ing to any offense with which the
we're or might be charged.
Humphreys Handicap.
but Judge Humphreys decision il
in effect. that il either the commi,
sioner of corporations does his duty c
the interstate commerce comn1issio
does it, by making the investigation
which they by law are required