Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1907-12-05

wealthy men, or men who pose as such
or are unscrupulously or fooishly eager
to become such, indulge In reckless spec.
ulation-especially II it is accompanied By
! dishonesty-they jeopardize not only theii
own future but the future of all their in.
nocent fellow-citizens. for they expose
the whole business community to panic
and Distress"
He advises against any general tariff
legislation this session Of congress. and
says:
I'm country of such phenomenal
growth as ours II Is probably we'll that
every dozen years or so the tariff laws
should be carefully scrutinized SO as TO
see that no excessive or improper bene-
fits are conferred thereby. that proper
revenue is provided. and that our
foreign trade Is encouraged. There
must always be as minimum
tariff which will not only al
low for the collection of an ample rev.
enue but which will at least make
good the difference In cost of production
here and abroad; that u.s. the difference In
the labor cost here and abroad. for the
well being Of the wage worker must ever
be cardinal point of American policy.
The question should be approached pure
ly from business standpoint; both the
such as to arouse the minimum of agi-
tation and disturbance in the business
world, and to give the least play for
selfish and factional motives. The sole
consideration should be to see that the
sum total of changes represent the pub
lie good. This means that the subject
cannot with wisdom be dealt with in the
year preceding presidential election. be-
cause as a matter OF fact experience has
shown nj a ina
II is impossible to get men to treat 1t from
the standpoint of the public good. In my
judgment the wise time to deal with the
matter is Immediately after such cleo
ton"
He asks for the repeal Of the tariff on
paper and wood pulp.
He reviews and enlarges upon his pre-
Vious recommendations for the enact
ment of federal inheritance and income
tax laws.
Attention is called to the prosecution Of
wealthy offenders against the national
laws, and in this connection he asks that
the laws under which these prosecutions
are brought be strengthened and made
more definite.
few years ago there was loud COM
plant that the law could not be invoked
against wealthy offenders There Is no
such complaint now The course of the
few years has been such as to make 1t
evident that no man stands above the
law, that no corporation is so wealthy
that 1t cannot be held to account. The
department of justice has been as
prompt to proceed against the wealthiest
malefactor whose crime was one of greed
and cunning as to proceed against the
agitator who incites to brutal violence
Everything that can be done under the
existing law, and with the existing state
of public opinion. which so profoundly
influences both the courts and juries, has
been done. But the laws themselves need
strengthening in more than one impor-
tant point: they should be made more
definite, so that no honest man can be
led unwtttingly to break them, and so
that the real wrongdoer can be readily
punished.
Moreover, there must be the public
opinion back of the laws or the laws
themselves will be of no avail. At pres
ent. while the average turyman undoubt-
eddy wishes to see trusts broken up and
Is quite ready to fine the corporation
itself. he Is very reluctant to find the
facts proven beyond a reasonable doubt
when it comes to sending to Jail a MEM
Der OF the business community for in
dulging in practices which are profound
ly unhealthy, but which, unfortunately,
the business community has grown to
recognize as well-nigh normal. Both the
present condition of the law and the
present temper of juries render 1t task
OF extreme difficulty to get at the real
wrongdoer in any case, especially by i'm
prisonment. Yet II is from every stand
point far preferable to punish the prime
offender by Imprisonment rather than to
hne the corporation. with the attendant
damage to stockholders
The two great evils in the execution of
our criminal laws to-day are sentiment
tally and technicality. For the latter
the remedy must come from the hands
of the legislatures, the courts and the
lawyers. The other must depend for its
cure upon the gradual growth of a sound
public opinion which shall insist that re-
gard for the law and the demands of
reason shall control all other influences
and emotions in the jury box. Both of
these evils must be removed or public
discomfort with the criminal law will con-
tinue.
The Use and the
Abuse of Injunctions.
Instances of abuse in the granting of
injunctions in labor disputes continue to
occur, and the resentment in the minds
of those who feel that their rights are
being invaded and their liberty of action
and of speech unwarrantably restrained
continues to grow. Much of the attack
on the use Of the process of injunction is
wholly without warrant; but I am con-
strained to express the belief that for
some of 1t there is warrant This uues-
ton Is becoming more and more of prime
Importance, and unless the courts will
themselves deal with IT in effective man
ner, 1t is certain ultimately to demand
some form OF legislative action. 1t would
be most unfortunate for our social well
fare If we should permit many honest
and law-abiding citizens to feel that
they had just cause for regarding our
courts with hostility. / earnestly COM
mend to the attention of the congress
this matter, so that some way may be
devised which will limit the abuse of in
functions and protect those rights which
from time to time it fundamentally in
vades Moreover, discomfort is often ex-
pressed with the use of the process of
injunction by the courts. not only in la
Dor disputes. but where state laws are
concerned. / refrain from discussion OF
this question as I am informed that 1t
will soon receive the consideration OF the
supreme court
OF other legislation In the interest of
labor he favors federal inspection of rail-
roads; providing limited but definite com
pensation for accidents to all workmen
employed in any way by the government.
and says:
THE constitutionality of the employers
liability act passed by the preceding con-
gress has been carried before the courts.
In two jurisdictions the law has been de-
clared unconstitutional. and In three juris-
dictions its constitutionality has been af-
firmed The question has been carried To
tie supreme court, the case has been
heard by that tribunal, and a decision is
expected at an early date. In the event
that the court should affirm the consti-
nationality of the act, l urge further leg
islation along the lines advocated in my
message to the preceding congress. The
practice of putting the entire burden OF
loss of life or limb upon the victim oil
| TIE victims family is a form of social in.
justice in which the United States stands
in unenviable prominence. In both oui
| federal and our state legislation we have
with few exceptions, scarcely gon,
| farther than the repeal of the fellow
servant principle of the old law of liabil