The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1907-12-06

wealthy men. or men who pose az such,
or are unscrupulously or foolishly eager
to become such. indulge In reckless spec
ulation-especially II 1t Is accompanied by
dishonesty--they jeopardize not only their
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 a country of such phenomenal
every dozen years or so the tariff laws
should be carefully scrutinized so as to
see that no excessive or improper bene-
nts are conferred thereby, that proper
revenue Is provided, and that our
foreign trade Is encouraged There
must always be as a minimum
tariff which will not only al
low Tor the collection Of an amp Q rev.
enue but which will at least make
good the difference in cost of production
here and abroad; that is the difference in
the labor cost here and abroad. for the
weli-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
1880 estiU tiiC hiatiuSl VI Tile Change OtlHs
such as to arouse the minimum of agi-
tatfon 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 matter of fact experience has
conclusively shown that at such time
1t Is impossible to get men to treat it 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
A 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
department of justice during the last
rev 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
or 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 unwittingfy to break them, ana 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 juryman undoubt-
'ediy wishes to see trusts broken up, and
is quite ready to fine the corporation
itself. he is very reluctant to find the
1acts proven beyond a reasonable doubt
when 1t 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
present condition of the law and the
present temper of juries render it a task
OF extreme difficulty to get at the real
Wrongdoer In any case, especially by i'm
prisonment. Yet 1t Is from every stand
point far preferabl to punish the prime
oTender by Imprisonment rather than to
fine 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 techntcality. For the latter
the remedy must come from the hands
OF the legislatures, the courts and the
lawyers. The other must depend for it's
cure upon the gradual growth of 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 ia
wholly without warrant; but 1 am con-
strained to express the belief that for
some of it there Is warrant This CUES
| 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. IT would
be most unfortunate for our social well
rare II we should permit many honest
ana iaw-abiding citizens to feel that
they had just cause for regarding orr
courts with hostility. / earnestly COM
mend to the attention of the congress
this matter SO that some way NAV he
devised which will limit the abuse of in
functions and protect those rights which
from time to time 1t unwarrantably 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. l refrain from discussion of
this question as l am informed that it
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:
ine cohstitutiondIity 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
the supreme, court, the case has been
heard by that tribunal and decision is
expected at an early date. In the event
that the court should affirm the consti
nationality of the act, urge further leg
islation along the lines advocated in INV
message to the preceding congress The