Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1906-12-06
THEPRES|DENT'S
ANNUAL MESSAGE
TO LAWN hxERS
Recommends Legislation on
New and Important
Subjects.
INCOME INHERITANCE TAX
He Believes Such Laws Would Curb
Growth Of Fortunes to Dam
gerous Proportions.
INCOME . INHERITANCE TAX
His Views on Negro Question-Asks
for Currency Reform, and Shipping
Bill-WouId Make Citizens of Japs
MANY Other lmportan: Subjects
Discussed.

Discussed.
Washington, Dec. 3-President Roose-
velt's message to the second session of
the F1fty-ninth congress deals with a
numper or new and important subjects,
chief OF which is the government prose
cut1on of the trusts, the abuse of injunc-
tons in labor troubles, the negro uues-
tlon the preaching of class hatred
between ca ptal and labor additional legis-
lat1on for the control of large corpora
tions, federal inheritance and income
tax law and currency reform.
The message opens with statement
of what the last congress left unfinished
and of this he says:
II again recommend a law prohibiting
all corporations from contributing to the
bill has already past one house Of con-
gross. Let individuals contribute as they
desire; but let us prohibit in effective
fashion all corporations from making
contributions for any political purpose
directly Indirectly.
Another bill which has just past one
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
the District Of Columbia by act Of the
congress. 1t is of course not proposed
t that IN any case verdict for the de-
PENDANT 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.
even be an apparent conflict. At pres
ent there Is no way by which the gov
eminent can cause such a conflict, when
it occurs, to be solved by an appeal to
a higher court; and the wheels Of justice
are blocked without any real decision of
the question: ! can not too strongly
A failure to pass will result in seriously
hampering the government in it's 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
been, against them; | have specifically
in view recent decision by district
judge leaving railway employees with
called labor statute: 1t seems an absurd
ity to permit single district judge,
against what may be the judgment of
on the bench, to declare a law solennly
enacted by the congress to be ''uncon-
stitutional,' and then to deny to the
prene court definitely decide the ques-
ton"
Evasion by Technicalities.
I'm connection with this matter, would
like to call attention to the very unsat-
1SfactOry state Of our criminal law re-
sulting in large part from the habit Of
setting aside the judgments of inferior
wits tnoh ,,in
connected with the merits of the case,
and where there is no attempt to show
that tn there has been any failure of sub
act a law providing something to the
effect that:
NO judgment shall be set aside or new
inal, on the ground of misdirection Of the
jury or the improper admission or re-
lection of evidence, or for error as to anv
tSa Of al or unless
application is made, after an examina-
ton Of the entire cause, it shall affirna-
lively appear that the error complained
o1 has resulted in miscarriage of
Justice
Injunctions.
On the subject of the abolition If in
functions in labor disputes, he says:
In my last message suggested the en-
actment of a law in connection with the
issuance Of injunctions. attention hav-
Ing been sharply drawn to the matter
by the demand that the right of appiy-
Ing injunctions in labor cases should be
Whey is% It is at lsast
use of injunctions in such cases would
stand the test Of the courts; in which
case Of course the legislation would be
be wrong, altogether to prohibit the use
of injunctiors: 1t is criminal to permit
sympathy wiz .cr'minalss to weaken our
hands in ul::!o LIS the law; and if men
b1y
violence there should be no impairm emf
of the power o. 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 I advocated
In this matter of injunctions there is
lodged in the hands of the judiciary a
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 men,
and condemnation should be melted out
1t boldly when necessary as to the judge
who uses it wanto1!y or oppressiveiy.
OF course, a judge strong enough to be
ut Tor ms ohGe WI Goln any resort
conspiracy, no matter what his opinion
may be of the rights of the original quar-
rel There err must be no hesitation in
likewise be no such abuse of the in
junctive nower is implied in forbidding
laboring men to strive for their own bet
terment in peaceful and lawful wavs:
nor must the injunction be used merely
to aid some big corporation in carryin,
out schemes for it's own ACKNOWLEDGEMENT.
1t must be remembered that a prelim-
dnary injunction in a labor case, if
granted without adequate proof (even
when authority can be found to support
the conclusions of law on which it is
TO'mded), may often settle the dispute
between the parties: and therefore if
improperly granted may do irreparable
V" '~C. Yet there are many judges who
assume a matter of-fact course granting
&C , preliminary injunction to be the
e 'i'ary and proper judicial disposition
~of eucN cases: and there have undoubt-
Z : ridges in connection with labor dis
III, Is even within the last few years,
Z. Nn ! think much less often than in
i ~ years Such judges by their I'M
s, y. action Immensely strengthen the
IL. @: .ilose who are striving entirely