Las Vegas daily optic., 1906-12-04
Recommends Legislation on
New and important
Subjects.
INCOME . INHERITANCE TAX
He Believes Such Lass Would Curb
Growth of Fortunes to Dan
gercus Proportions.
His Views On Negro cssstlon-Asss
fsF csrrsney Rsforna. ard Shipping
slil-NeuId Make cItsxsns of Jsps
--sany Other important suelsess
Discussed.

washington. use. A-pEesslsnt Rns@s-
Nsis'm .za~ssags N tae sseanA ssxslou ~
The rms .n4nGh congress asals with
snumhAw IN mes ard important sahlsxgs.
actisf " shlsh IL ths government pEoss-
eutiau 81 tile trusts. the ats4ss % tnlune-
ttlons in laboE tssahles. The negro aass.
btiSn. stas pH@aehanx of eiAss hatred
sh~swesMemblkxl and iahuF. additional lsgas~
tlsti0n for the eonsroi af large corpora
,ssons. . federal Inheritance and income
itar Ian and currency s.fnrm
Ths message upens with statement
aof ~hst the last congress LETT unfinished.
end u this BE- says:
n again recommend q faw prehihitinK
all corporations from contributing u The
s1ampalkn expenses ~ any party. sach
. nsll hss Airsaay pass Or. . hoass q ... aan-
asslrs. but ist 10 pFeilsat In sffs.flye
fsshign all corporations from making
ecnfftbufsons for any political puFpose.
Areas ssll waish has Jun, past ope
house VI th@ eouNrsss ana which II ur~
gently uecessary should be enacted into
law q that cpnfsrtina upon the govern.
cases % . aasssions Il Law. This TiFhi
isxtsta I'm many at tho mtmtaws " exists I'm
lth. District " Columbia ~ act u the
that 10 any eass a verdict Tor he De.
lfendsut nn The merits should be set
aside Recently. tn ons district where
the government had indicted certain p*f~
is0nN tuE conspiracy In nunnecttun with
trebates, the court sustained the defend
l4ut's demurrer shile IN another iurin-
idisflon m Indictment for consplraey to
lebtaln rebates has hesn sustained by
IRE nnugf, convictions obtained under ID,
and two defendants sentenced 10 lmprts-
cnmeni. the two cases referred 10 may
mot be IN rssl conflict with each other,
issen he an apparent conflict, Al pres
f~nt there In no way by which tha gov
teFnfuent cen cause such q conflict. when
sssr eoSr, = E aaa assf sss sh.ss II Il asss 90
are blurked without any real decision Of
ths question can not too strongly
surss the psssAss q the nill " Question.
ihamr~ring the kosernnWnt IN lts EFFORT
wealthy individuals or sorrorstions whs
ssvsrninsnt from obtaining Justice 70, for
wAxeworkers who are not themselves
able effectively 60 contest q case whsrs
The inasnasn. d. q On Inssrior s ses.s .a,,, hs,
IN view recent decision by q district
Judge leaving railway employees with
out remedy for violation of certain SO
ity 10 permit q single district Judge
against what may be the tudgment q
the immense ntsinrity of his colleagues
ON fNE UEHEME 10 dFEkAfS u Jaw HNiNBlHtt
enacted by the congress TO be "uncon
stitntionsls" ana then to deny 10 IN,
sosernntent the right TO haW the su
preme court definitely decide the anss
ton"
Evasion by Technleaiitiea
In connection with this matter. waui,
like 10 call attention 10 the very unsat
isfartory state of our criminal law, re
snittng I'm large part from the habit q
satiinr aside the Judgments az inferiu
courts on technicaiiifes absolutely un
connected with the merNs of the case
aud whore there is no attempt to. saov
that there has hean any failure Of sub
stantiai Justice. u would be- well In on
s.t 2 law providing something to th'
NO Judgment shall be set aside or new
trial granted In any cause. civil or erin
tnAi, On the gruand OF misdIFeetion Of th,
Jury ur ths hmproper admission or re
lection Of esldsnee. or for error as to an,
matter uf pleading or procedure unless
In the opinion OF the court 10 which tn
application ts made, after an examina
tiun Of the entire cause, II shall atirma
lively appear that the error compiaine,
o. has resulted IN a miscarriage o
,ustiee"
iniunctions.
On the subject of the abolition Of In
functions IN labor disputes, he says.
"In my last message suggested the EN-
actment Of n law In connection with tn
ing been sharply drawn 10, the matte
ny the demand that the right of apply
inx intunctions In labor eases should b
wholly abolished. y is az least doubtfu
use cf injunctions IN such cases woc,
stand the test OF the coarts; In whicl
case OF course the Legislation would b.
nneffective. Moreover. l believe II wouii
be wrong altogether TO prohibit ihe us
OF :nsunctions. IL is criminal 20 permi
sympathy with criminals 20 weaken ou
hands In unfolding the law: and ii mel
seek 10 destroy life or property by mol
violence there should be no impairmen
Of the power OF the courts 20 deal will
them In the most summary and effectv
way possible. But 50 far az possible th
abuse Of the power should be provide,
against by some such law as advocate,
last year,
lin thts matter Of iniunctions there |
lodged in the hands nf the judiciary
necessary power which Is nevertheless
subject TO the possibility M grave abuse
1t Ii a power that should be exercise,
with extreme care and should be sui,
tect TO The Jealous scrutiny Of all men
and condemnation should be meted ou
as much to The Judge who fails to us
Il boldly when necessary as 10 the jndE
who uses II wantonlY ar tNpresslveiy
or course. a judge strong enough to b
ut for his office will enioin any resnr
90 violence or intimidation. especially b.
conspiracy. no matter what his opinle
may be OF the rights of the original quar-
rel, There must be no hesitation b
dealing with disorder. But there nus
likewise be no such abuse Of the in
junetive power as Is implied in forhidtiin
1aboring men TO strive for their own bet
ferment in peaceful and lawful ways
nor must the Injunction be used merel
60 aid some big corporation In carrying
out schemes for its own aggrandizemeni
il must be embered that prelim
sasTs injunction In labor case
granted without ad, auate Proof tevel
when authority be found 10 supper
the conclusions OF law on which II 1
founded1. may often settle the disput
between the parties and therefore
Improperly granted may do irrrparabi
wrong. Yet there are many Judges wh'
assume a matter of fact course granting
OF d preliminary injunction 10 r" IN
ordinary and proper judicial disr.usitiol
OF such cases: and there have undoubt
ediy been fragrant wrongs COMMITTEES
by Judges IN connection with labor dis
putes even within the last few years
sithu | think much less often than II
former years. such judges by their un
wise action Immensely strengthen tn
hands Of those who are striving entirely