The Elbert County tribune., 1906-12-06

THE PRESIDENTS
ANNUAL MESSAGE
To LAWMAKERS
@commends Legislation on
New and Important
2, Subjects.
INCOME INHERITANCE TAX
He Believes Such Laws Would Curb
Growth of Fortunes to DAN
gerous Proportions.
His Views on Negro ouestion-Asks
for Currency Reform, and Shipping
BiIl-Would Make Citizens of Japs
Many Other important Subjects
Discussed.

discussed.
Washington. Dec 3.-Presiden. Roose-
velts 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-
tons In labor troubles. the negro ques-
! uon, the preaching OF class hatred
] between capital and labor additional legis-
'Flation for the control of large corpora
uons. a federal Inheritance and income
tax law and currency reform.
The message opens with statement
of what the last congress left unfinished
i and of this he says:
q II again recommend n law prohibiting
all corporations from contributing to the
campaign expenses of any party. Such
bill has already past one house of con-
Eress. Let individuals contribute as they
desire: but let US prohibit in effective
contributions for any political purpose
directly or indirectly.
Another bill which has just past one
house of the congress and which is ur-
gently necessary should be enacted into
law is that comforting 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 District of Columbia by act of the
congress. 1t is of course not proposed
that in any case verdict for the de-
dendant on the merits should be set
aside. recently IN one district where
the government had indicted certain per-
sons tOr conspiracy in connection with
rebates, the court sustained the defend
ants demurrer; while in another turis-
dicton 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
mot be in real conflict with each other
but 1t is unfortunate that there should
even be an apparent conflict At pres
ent there is no way by which the gov
ernmeut can cause such a conflict when
1t occurs, TO be solved by an apnsal TO
n higher n nd N tth ~ Ia ffsa
are blocked without any real decision of
the question can not too strongly
A failure to pass will result in seriously
nampering the government in its effort
wealthy individuals or corporations who
do wrong, and may also prevent the
waseworkers who are not themselves
able effectively to contest a case where
the Judgment of an inferior court has
in view recent decision by a district
Judge leaving railway employees with
out remedy for violation of certain So
called labor statute. 1t seems an absurd
-hty to permit n single district Judge,
against what may be the Judgment OF
the Immense majority of his colleagues
on the bench, to declare a law solemnly
enacted by the congress- to be ''uncon-
government the right to have the su-
preme court definitely decide the ques-
ton"
Evasion by TechnIcaiities.
I'm In connection with this matter. would
like to call attention to the very unsat-
1 isfactory state of our criminal law. re
eulting in large part from the habit of
setting aside the judgments of inferior
courts on techncalities absolutely un-
connected with the merits of the case
and where there is no attempt to show
stantial justice. 1t would be well to en-
act law providing something to the
effect that:
mo Judgment shall be set aside or new
trial granted in any cause. civil or Grim
inal. on the ground of misdirection OF the
jury or the improper admission or re-
lection of evidence. or for error as to any
matter of pleading or procedure unless
application is made, after an examfna-
tion of the entire cause. It shall affirma-
lively appear that the error complained
OF has resulted In a miscarriage of
Justice Z"
Injunctions.
On the subject of the abolition Ct in
functions in labor disputes, he says:
TN my last message l suggested the en-
actment of a law in connection with the
issuance of intunctions. attention hav-
G Sy the e demand man that the right OF a6n5e 15er
Ing injunctions in labor cases should be
wholly abolished. Il Is at least doubtful
use of irjunctions in such cases would
stand the test of the courts; in which
case of course the legislation would be
ineffective Moreover, 1 believe IL would
be wrong altogether to prohibit the use
OF in1unetions II Is criminal to permit
hands in upholding the law: and IL men
seek to destroy life. or property by mob
violence there should be no impairment
of the power of the courts to deal with
them in the most summary and effective
way possible But so far as possible the
abuse of the power should be provided
against by some such law as L advocated
last year.
lodged in the hands of the judiciary a
necessary power which is nevertheless
subject to the possibility OF grave abuse,
1t Is a power that should be exercised
with extreme care and should be sub
1ect to the Jealous scrutiny of all men
and condemnation should be meted out
as much to the judge who fails to use
It boldly when necessary as to the Judge
OF course. Judge strong enough to be
to violence or intimidation. especially by
conspiracy. no m9tter what his opinion
may be OF the rights OF the original quar-
dealing with disorder. But there must
likewise be no such abuse OF the in
3unctive power as is implied in forbiddng
laboring men to strive for their own bet
terment in peaceful and lawful ways.
nor must the injunction be used merely
to aid some big corporation in carrying
out schemes for its own ACKNOWLEDGEMENT
1t must be remembered that prelim-
granted without adequate proof (even
when authority can be found to support
the conclusions of law on which 1t is
founded), may often settle the dispute
between the parties; and therefore IL
improperly granted may do irrepa-able
wrong. Yet there are many Judges who
assume a matter-of-fact course granting
OF a preliminary injunction to be the
ordinary and proper judicial dispositioh
of such cases: and there have undoubt-
edly been fragrant wrongs committed
by judges in connection with labor dis
putes even within the last few years
former years Such Judges by their un-
wise action immensely strengthen the
hands Of those who are striving entirely