The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-19
.

To the Senate and House of Represen.
tatives:
As a nation we stir continue to enjoy
literally unprecedented prosperity, and
it is probable that only reckless specula-
ton and disregard of legitimate business
methods on the part of the business
world can materially mar this prosper.
ity
No Congress in our time has done more
good work of Importance than the pres
ent Congress. There were several mat
ters left unfinished at your last session,
however, which | most earnestly hope
you will complete before your adjourn
ment.
CORPORATION CAMPAIGN CON-
TRIBUTIONS.
/ again recommend Il Jaw prohibit
ms al corporations from contributing
80 the campaign expenses Oh any party.
ouvu a Du mas ALREADY passed. one
mouse OF Congress. Let INDIVIDUALS
yon,ubute as lney desire; but let US
pronNlL IN effective fashion ali cor
purauons from making contributions
Tor any political purpose, directly or
indirectly.
GOVERNMENTS RIGHT OF APP
PEAL IN CRIMINAL CASES.
Another pill when has just passed
one mouse OF the Congress and wnlcn
II IS urgently necessary shouIu be en-
acted mo law IS mat conlerrlng upon
tne Government the right OF appear III
criminal cases on questions Oh law.
ms rlghl exists IN many Of me
states; 1t exists III the District OF CO.
iumDIa ny act OF the Congress. 1t is
ur course not proposed mat in any
case vermCt GoT the defendant on
lne merits snUulu be set aside. Re-
Gently III one ulstr.Ct where the gov
ernnIent had indicted certain persons
Tor conspiracy III connection Win re-
Bates the court susuaied the defend
ant demurrer; wnIle In another juris-
dIcuon an Indictment for conspiracy
TO OBTAIN rebates has been sustained
by the court, convictions obtained UNI
der 1t, and two defendants sentenced
TO imprisonment. The two cases re-
ferreu to may not be in real conflict
with each other, but it is unfortunate
that there should even be an apparent
conflict. AT present there Is no way
by which the Government can cause
such a conflict, when It occurs, TO DO
solved by an appeal to a higher court;
and the wheels OF justice are blocked
without any real decision OF the ques-
ton. 1 cannot too strongly urge the
passage ofg the bill in question. A
failure to pass it will result IN seri-
ously hampering the Government in
It's effort to obtain justice, especially
against wealthy individuals or corpo-
rations who do wrong; and may also
prevent the Government from obtain
ing justice for wageworkers who are
not themselves able effectively to con-
test case where the judgment of
an inferior court has been against
them. l have specifically in view a
recent decision by a District Judge
leaving railay employees without remedy
for violation of a certain so-called la
Dor statute. 1t seems an absurdity to
permit a single District Judge, against
what may be the judgment of the i'm
mense majority of his colleagues on the
bench, to declare a Ia wsolefnly enact
ed by the Congress to be "unconstitu-
tional," and then deny to the govern
ment the right to have the Supreme
Court definitely decide the question.
1t is we'll to recollect that the real
efficiency OF the law often depends not
upon the passage of acts as to which
there is great public excitement, but
upon the passage of acts of this nature
as to which there is not much publiL
excitement, because there is little pub
lc understanding of their Importance,
mi
've to the desirability of defeating
lem. The Importance of enacting into
law the particular bill in question is
further increased by the fact that the
has now definitely begun a
policy of resorting to the criminal law
in those trust and interstate COM
mer1e cases where such a course offers
a reasonable chance of success. At
first, as was proper, every effort was
made to enforce these laws by civil
proceedings; but it has become In
creasingly evident that the action of
the government in finally deciding, in
certain cases, to undertake criminal
proceedings was justifiable; and though
there have been some conspicuous fail
ures in these cases, we have had many
SucCeSSeSJ WHICH nave undoubtedly mad
IA deterrent effect upon evil-doers,
whether the penalty inflicted was in
the shape of fine or imprisonment--and
penalties of both kinds have already
been Inflicted by the courts. OF course
where the judge can see his way to in
fict the penalty of Imprisonment the
deterrent effect is increased; but suf-
hciently heavy fines accomplish much.
Judge Holt, of the New York District
Court, in a recent decision admirably
stated the need for treating with just
severity offenders of this kind. His
opinion runs in part as follows:
"The Governments evidence to estab-
fish the defendants guilt was clear, con-
elusive and undisputeu. The case was a
fragrant one. The transactions which
took place under this illegal contract ;
were very large; the amounts of rebates
returned were considerable, and the,
amount of the rebate itself was large,
amounting to more than one-fifth of the
entire tariff charge for the transporta-
ton Of merchandise from this city to De-
-. -, IL, T.