The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-03

concurrently with the national govern
ment, making a combined maximum
rate, in some cases as high as % per
cent. The French law has one feature
which is to be heartily commended
The progressive principle is so applied
that each higher rate is imposed only
on the excess above the amount SUBJ
Ject to the next lower rate; so that
each increase Of rate will apply only
to certain amount above a certain
maximum. The tax should if possible
be made to bear more heavily upon
those residing without the country
than within it. A heavy progressive
tax upon a very large fortune is in no
way such tax upon thrift or industry
as a like tax would be on a small for
tune. &
No advantage comes either to the
country as whole or to the individuals
1nherfting the money by permitting the
transmission in their entirety of the
enormous fortunes which would be at
fected by such a tax; and as an. incl
dent to it's function OF revenue raising,
such a tax would help to preserve a
measurable equality of opportunity for
the people Of the generations growing
to manhood. We have not the slight
est sympathy with that sociahstic idea
which would try to put laziness, thrift
lessness and inefficiency on par with
industry, thrift and efficiency; which
would strive to break up not merely
private property, but what is far more
important, the home, the chief prop
stands. Such a theory. If ever adopted,
would mean the ruin Of the entire
country-a ruin which would bear
heaviest upon the weakest, upon those
least able to shift for themselves. But
proposals for legislation such as this
herein advocated are directly opposed
to this class Of socialistic theories. Our
aim is to recognize what Lincoln point
ed out: The fact that there are some
respects in which men are obviously
not equal: but also to insist that there
should be an equality Of self-respect
and of mutual respect, an equality OF
rights before the law, and at least an
approximate equality in the conditions
chance to show the stuff that is In him
when compared to his fellows.
Enforcement of the Law.
A few years ago there was loud
complaint that the law could not be
invoked against wealthy Offenders
There is no such complaint now. The
course of the department of justice
during the last few years has been
such as to make it evident that no
man stands above the law, that no
corporation is so wealthy that 1t can
not be held to account. The depart
ment of justice has been as prompt to
proceed against the wealthiest male
factor 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 exist
ing 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, so that
no honest 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
present, while the average juryman
undoubtedly wishes to see trusts brok-
en- up, and is quite ready to fine the
corporation itself, he is very reluctant
to find the facts proven beyond
reasonable doubt when it comes to
sending to Jail member of the busi-
ness community for indulging in prac-
tees which are profound y unhealthy,
but which, unfortunately, the business
community has grown ito recognize as
well-nigh normal. Both the present
condition of the law and the present
temper of juries render it a task of
extreme difficulty to get at the real
wrong doer in any such case, especial
ly by Imprisonment. Yet 1t is from
every standpoint far preferable to
punish the prime offender by impris-
onment rather than to fine the cor
TDOraI1On. WIFI inc dCIEuOdHt udUnd&0
to stockholders.
The two great evils in the execution
of our criminal laws today are senti-
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 gradua.
growth of a sound public opinion
which shall insist that regard for the
law and the demands of reason shall
81 al foH M
tions in the jury box. Both of these
evils must be removed or public dis
content with the criminal law will
continue
As to Injunctions.
Instances of abuse in the granting OF
injunctions in labor disputes continue
to. occur and the resentment in the
rights are being invaded and their
liberty of action and Of speech I'M
restrained continues like
wise to grow. Much of the attack on
the use of the process of injunction is
wholly without warrant; but ! am con-
to express the belief that for
some Of it there is warrant. This ques-
ton is becoming more and more one OF
prime Importance, and unless the
courts will themselves deal with it in
effective manner, it is certain ultimate
ly to demand some form Of legislative
action. It would be most unfortunate
for our social welfare If we should per-
nit many honest and law-abiding citi-
zens to feel that they had just cause
for regarding our courts with hostility.
L earnestly commend to 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 tnvades. 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. I
refrain from discussion of this ques-
ton as I am informed that 1t will soon