The Washington times., 1907-12-03
and Inheritance
Taxes Should Be Levied

upon those least able to shift for them
selves But proposals for 4eSlslauon
such as this herein advocated are di-
rectly opposed to this class os socialisic
theories. Our aim is TO recognize what
Lincoln pointed out;
The fact thsl there are some re spects
H. which men are obviously not equal;
bit also to insist tsat there sho'ld be
an equality OF sah-respect asld Of
mutual respect, an equality OF rights be-
fore the law. and at least an approx
innate equality In the conditions under
which each man obtains the chance 20
show the stun that is IN hiI-. when
compared 90 his Fellows.
Wealthy Offenders Punished.
A few years ago there was .oud COM
plant that the law could not be invoked
against wealthy blenders. There IS no
such complaint now. The course Of the
Department OF Justice during the last
few years has been such as TO make St
evident that no man stands above the
law. that no corporation is so wealthy
that it can not be held 20 account The
Department OF Justice has been as
prompt TO proceed against the wealth.
est malefactor whose crime was one of
greed and cunning as 10 proceed against
the agitator who incites 70 brutal vto-
lence. Everything that can be done un-
der the existing law, and with the ex-
isting 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 important point; they should
be made more definite, 50 that no hon
est man can be led unwittingly 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 1uryman IN
dOubtedly wishes TO see trusts broken
up, and s. quite ready to fine the cor
pOratiOn itsalf, he Is very reluctant to
find the facJs proven beyond a reason
able doubt when II comes 10 sending 10
Jail a member OF the business COM
munity for indulging IN practices which
are profoundly unhealthy, but which.
unfOrtur. 2tely, the business community
has grown TO recognize az Well-niRh
normal. Both the present co-.dition OF
the law and the present temper Of juries
render II a task OF extreme difficulty 10
get at the real wrongdoer n any such
case, especially by Imprisonment. Yet AZ
Is from every standpoint far preferable
to punish the prime offender BY impris-
onment rather than TO fine the corpora
ton, with the attendant damages to
stockholders.
The two great evils in the execution
of our criminal laws today are senti-
mentality and technicality. For the
latter the remedy must come from the
hands of the legislatures, the courts,
and the lawyers. The other must de-
pend for its cure upon the gradual
growth Of q sound public opinion which
shall insist that regard for the law
and the demands of reason shall con-
tTOl all other influences and emotions
in the = box. Both of these evils
mUst bs removed or public discomfort
with the criminal law viii continue.
Would Limit Injunctions.
Instances Of abuse in tb qting
Of injuncuons in labor dis on
tinue to occur and the rese.- ( In
the minds of those who feel that their
rights are being invaded and their lib
erty of action and OF speech unwar-
rantably restrained continues likewise
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 II there Is warrant This Ques-
ton IS becoming more and more one
OF prime importance, and unless the
courts VIII themselves deal with Il in
effective manner. IT is certain ultimate
ly to demand some form Of Legislative
action. 1t would be most unfortunate
for our social welfare II we should
permit many honest and law-abiding
citizens to feel that they had Just cause
for regarding our courts with hostility.
I earnestly commend 10 the attention
Of the Congress this matter, so that
some way may be devised which will
limit the abuse Of injunctiOns and pro-
tect those rights which from time to
time It unwarrantably invades. More
over. discomfort is often expressed with
the use OF the process OF Injunction by
the courts, not only in labor disputes,
but where State laws are concerned. !
refrain from discussion OF this question
as I am informed that it win soon re-
ceive the consideration of the Supreme
Court
The Federal courts must Of course de-
eide ultimately what are the respective
spheres of State and nation in connec-
ton with any law, State or national,
and they must decide definitely and
finally in matters affecting Individual
wrongs OF labor, but as to the rights