Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1906-12-07
Recommends Legislation on
New and Important
Subjects.
INCOME : INHERITANCE TAX
He Believes Such Laws Would Curb
Growth Of Fortunes to DAN
gerous Proportions.
His Views on Negro Question--Aoks
for Currency Reform, and Shipping
Rill-WouId Make Citizens of Japs
MANY Other Important Subjects
Discussed.

Washington, Dec. 3-President Roose-
velt's message to the second session of
the Fifty-ninth congress deals with a
number of new and important subjects,
chief OF which is the government prose-
cution of the trusts. the abuse of injunc-
tions in labor troubles, the negro ques-
ton, the preaching of class hatred
between capital and labor, additional legis-
lation for the control of large corpora
tions federal inheritance and income
tax law and currency reform.
The message opens with a statement
OF what the last congress left unfinished,
and of this he says:
81 again recommend a law prohibiting
all corporations from contributing to the
campaign expenses of any party. Such
a bill has already past one house of con-
gress. Let individuals contribute as they
desire; but let us prohibit in effective
fashion all corporations from making
contributions for any political purpose,
directly or indirectly.
house of the congress and which is ur
gently necessary should be enacted into
law is that comforting upon the govern
cases on questions OF law. This right
exirts in many of the states; IL exists IN
the District of Columbia by act OF the
congress. II is of course not proposed
that in any case a verdict for the de-
fendant on the merits should be set
aside. Recently. in one district where
the government had indicted certain per-
sons for conspiracy in connection with
rebates, the court sustained the defend
ants demurrer; while in another juris-
diction an indictment for conspiracy to
obtain rebates has been sustained by
the court, convictions obtained under It,
and two defendants sentenced to impris-
onment. The two cases referred to may
not be in real conflict with each other
but IL is unfortunate that there should
even be an apparent conflict. At pres
there q which
ernment can cause such a conflict, when
II occurs, to be solved by an appeal to
n higher court; and the wheels of justice
are blocked without any real decision Of
the question. / can not too strongly
urge the passage of the bill in question.
A failure to pass will result in seriously
hampering the government in its effort
to obtain justice, especially against
wealthy individuals or corporations who
government from obtaining justice for
wageworkers who are not themselves
able effectively to contest a case where
the Judgment of an inferior court has
been against them. l have specifically
in view a recent decision by a district
Judge leaving railway employees with
called labor statute. 1t seems an absurd
ity to permit a 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 "uncon-
stitutional, and then to deny to the
preme court definitely decide the ques-
tion."
Evasion by TechnIcalities.
"In connection with this matter, | would
like to call attention to the very unsat-
isfactory state of our criminal law. re-
sulting in large part from the habit OF
setting aside the judgments of inferior
courts on technlcalities absolutely un-
connected with the merits of the case
and where there is no attempt to show
l,af NlA@ ha1 70 fltYt..
stantial justice. II would be we'll to en-
act a law providing something to the
effect that:
trial granted in any cause, civil or Grim.
inal, on the ground of misdrection of the
jury or the improper admission or re
matter of pleading or procedure unlees
In the opinion of the court to which the
application is made, after an eXamina
tion of the entire cause, it shall aiiirma
lively appear that the error complained
OIL has resulted 10 a miscarriage o.
justice f"
lnjunctions.
On the subject CT the abolition of in
functions in labor disputes, he says:
"1n my last message | suggested the en-
actment of a law Ia connection with tn,
issuance OF injunctions. attention hav
ing been sharply na draIn tSa to the matte
ing injunctions in labor cases should B.
wholly abolished. i Is at least doubtr,
whether, law abolishlng altogether th
use of injunctions in such cases woul,
stand the test of the courts: in which
case OF course the legislation would b.
ineffective MorsGfyer | belieye it woul'
OF lnjunctions 1t is criminal to permi
sympathy with criminals to weaken ou
hands in upholding the law; and II mel
violence there should be no impairmen
of the power of the courts to deal witt
them in the most summary and effectiv
N Ia
abuse of the power should be provide
against by some such law as l advocates
I'm this matter of injunctions there
lodged in the hands of the judiciary
necessary power which is nevertheless
subject to the possibility of grave abuse
with extreme care and should be sub
ject to the jealous scrutiny of all mer
as much TO the judge who falls to us
II boldly when necessary as TO the judg
who uses 1t wantonly or oppressvelS
OF course. a judge strong enough to
at for his Office win enjoin any resoi
TO violence or intimidation, especially b
conspiracy. no matter what his opinio
may be of the rights of the original quar-
rel. There must be no hesitation /
dealing with disorder. But there mus
likewise be no such abuse OF the In
1unctive power as Is implied in forbiddin
iaborng men to strive for their own bet
terment In peaceful and lawful ways
nor must the. injunction be used merel
out schemes for its own agsrandiKemen
1t must be remembered that prelin
mary injunction in a labor case,
granted without adequate proof (eve
when authority can be found to suppol
the conclusions of law on which II
founded). may often settle the disput
between the parties: and therefore
improperly granted may do irreparabl
wrong Yet there are many judges wh
assume n matter-of-fact course grantin
OF preliminary Injunction to be Ill
ordinary and proper judicial dispositio
of such cases: and there have undoub
edly been fiagrapt wrongs. cemmitte
putes even within the last few year
aitho l think much less often than
former years. Such judges by their VI
wise action immensely strengthen Il
handh Of ihoso who are strlNinE entlrel