The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1907-12-12

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wealthy men. or men who pose as such.
or are unscrupnieusly or foofishIv ear-r
70 become such. INDULGE in reckless spsae
s1ttassion--ospeciaily IL il is accompanied By
sN-they jsopardiEe not only their
OWL future but the future of all their in
noesht teliow-citixens. for they expose
and distress
He advises against any general tariff
legislation this session OF congress. and
| says. ~"
IN country of such phenomenal
sFo~th as ours Ii is probably well that
| every dozen years or 50 the tariff laws
snouia be carefully scrutinized SO as TO
a. .iiat no excessive or improper bene-
ms are conferred thereby. that proper
revenue IL provided and that our
foreign trade is encouraged. There
| must always be as minimum
tarn which will not only all
Nv ior me collection of an ample rev.
nus put which viii at least make
| sooo the difference In cost of production
mere and abroad; that is. the difference In
.he iaper cost here and abroad for the
Wen oeing OF the wage worker must ever
Dc cardinal point of American policy.
me question should be approached pure
from a business standpoint. both the
enae and the manner of the change being
| such as to arouse the minimum Of agi
! .auon and disturbance in the business
| Woria' and to give the least play for
seihsh and factional motives. The sole
| consideration should be to see that the
sum totai OF changes represent the pub
sle good. This means that the subject
cannot with wisdom be dealt with in the
year preceding presidential election be-
| eause as matter of fact experienc. has
eonelusivelv shown that at such a time
" Is Impossible to get men to treat Ii from
.ne 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 pup
ne reviews and enlarges upon his pre-
vious recommendations for the enact
ment or federal inheritance and income
tax laws.
attention Is called TO the prosecution of
MeaIthy 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
paint that the law could not be invok ed
against wealthy offenders. There is no
shch complaint now. The course of the
department OF justice during the last
rev years has been such as TO make 1t
sfiueht that no man stands above the
Jaw, mat no corporation Is so wealthy
mat II cannot be held to account. The
department OF justice has been as
prompt tc proceed against the wealthtest
ihaieIactor whose crime was one OF greed
ana cunning as to proceed against the
asltator 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 jures has
ttttf ~ /,
strengthening In more than one imDor-
tant point; they should be made more
aennte. so that no honest man can be
ied unwittingly to break them and so
) "hat the real wrongdoer can be readily
punished
J 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-
eoiy wishes to see trusts broken up and
quite ready to fine the corporation
itseii' he Is very reluctant to find the
lacts proven beyond reasonable doubt
when 1t comes to sending to Jail a mem.
per OF the business community for In.
oulging In practices which are profound
iy unhealthy. but which, unfortunately
the business community has grown Il
recognize as well-nigh normal Both this
present condition of the law and tn,
present temper of juries render 1t a tasl
VI cAiSHe uilucuIly get at the rea
Wrongdoer In any case, especially by i'm
prisonment. Yet 1t is from every stand
point far preferable to punish the prim,
onender by Imprisonment rather than I,
nne the corporation. with the attendan
damage to stockholders.
The two great evils in the execution o
our criminal laws to-day are sentimen
tally and technicality. For the latte
the remedy must come from the hand
OF the legislatures. the courts and tn
lawyers. The other must depend for IL
cure upon the gradual growth of a sount
public opinion which shall insist that re
gard for the law and the demands o
reason shall control all other influence
and emotions In the jury box. Both o
these evils must be removed or publ
discomfort with the criminal law will con
tinue.
The Use and the
Abuse of Injunctions.
Instances of abuse in the granting n
injunctions in labor disputes continue I,
occur. and the resentment in the mind
OF those who feel that their rights ar
being invaded and their liberty of actjo,
and of speech unwarrantably restraine,
continues to grow. Much of the attaeD
on the use of the process of Injunction 4
wholly without warrant; but / am con
strained to express the belief that 10
some of 1t there is warrant. This cues
ton is becoming more and more of prim
Importance. and unless the courts viii
themselves deal with 1t ins effective man
ner, 1t is certain ultimately to deman,
some form of legislative action 1t woul.
be most unfortunate for our social wei
fare II we should permit many homes
and law-abidfng citizens to feel tina
they had just cause for regarding on
, courts with hostility. / earnestly com
mend to the attention of the congress
this matter, so that some way NAV n
devised which viii limit the abuse of in
functions and protect those rights whicl
from time to time IL unwarrantably in
vades, Moreover. discomfort Is often ex
pressed with the use of the process O
injunction by the courts, not only In la
Dor disputes. but where state laws ar
concerned. l refrain from discussion O
this question as ! am informed that
will soon receive the consideration of III
supreme court"
OF other legislation in the interest q
; labor he favors federal inspection of rail
. roads: providing limited but definite com
/, pensation for accidents to all workme,
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 conrts
|, In two jurisdictions the law has been de
elared unconstitutional, and in three furis
dictions its constitutionality has been nj
, frmed. The question has been carried t,
, the supreme court, the case has bee,
heard by that tribunal. and a decision 4
. expected at an early date. In the even
that ths court should affirm the consti
81 7