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APRIL 27, 100G
The Commoner
13
The President's Special Message
President Roosevelt sent to congress
on April IS a special message, as fol
lows: - , .
yXf.
"To the Senate and HoWe of Rep
resentatives i I submit- lterewitir a
getter of tftp attorney general, .enclos
jing a statement of the-proceedings
Iby tile united. -States 'against the in
Suividuuls ' anil corporations commonly
nuwu as me ueei paciters -ana com
fmentint? unon'the decision at District
Judge Humphrey. The result has been
a miscarriage of justice. It clearly
appears from the letter of the at
torney general that no criticism what
ever attaches to Commissioner Gar
iield; what he did was in strict ac
cordance with the law and in pursu
ance of a duty imposed on him by con
gress, which could not bo avoided;
and, of course, congress In passing
the Martin resolution could not pos
sibly have foreseen the decision of
Judge Humphrey.
"But this interpretation by Judge
Humphrey of the will of the r.ontri'GSs
as expressed in legislation is such as
;to make that will absolutely abortive.
Unfortunately there Is grave doubt
whether the government has the right
fof appeal from this decision of the
llstrict judge.
"The case well illustrates the de
sirability of conferrine: unon the trov-
ernment the same right of anneal
in criminal cases, on question of law,
which the defendant now has, in all
cases where the defendant had not
been put in jeopardy by a trial upon
the merits of the charge made against
him. The laws of many of the states,
and the law of the District of Co
lumbia, recently enacted by the con
gress, give the government the right
of appeal. A general law of the char
acter indicated should certainly be
enacted.
"Furthermore, it is very desirable
to enact a Jaw declaring the true
construction of the existing legisla
tion so far as it affects immunity. I
can hardly believe that the ruling of
Judge Humphrey will be followed by
other judges, but if it should be fol
lowed the result would be either
completely to nullify very much, and
possibly the major part of the good
to be obtained from the interstate
commerce law and from the law
creating the bureau of corporations
in the department t)f commerce and
labor; or else frequently to obstruct
an appeal to the criminal laws by the
department of justice.
"There seems to be no cood reason
why the department of justice, the
department of commerce and labor,
the interstate commerce commission,
each should not, for the common good,
proceed within its own powers with
out undue interference with the func
tions of the other. It is. of course.
necessary under the constitution and
Can't Do It
Heart affections will not get well of them
selves: neither do they remain inactive. If the
cause is not removed, they continue to crow
in numhcr and severity.
They are the outgrowth of exhausted nerve
force, and the heart cannot stop to rest, as do
the other organs, but must continue to struggle
until completely disabled, and that's the end.
On the very lirst indication of heart trouble,
you can stop all progress and effect a cure by
the use of
Dr. Miles' Heart Cure
the most effective heart remedy lcnown. It
builds up, feeds and strengthens the nerves
and muscles of the heart, end restores it to
perfect health,
1(I had seriousJ;eart trouble: for two months
my life seemed to hang by a thread, when my
It ilttimHnn tona sitillnl tn Ttv Afllr5 TTOfll'L CJlire.
I commenced taking the Heart Cure, and Ner
vine, and in two months they restored me to
comparative good health."
REV., W. A- ROBINS, Port Elgin, Ont.
ThA flrcr Vnr'r1n -rotll HnrinfU If not. thO
fc druggist will return your money,
the laws, Unit persons who give testi
mony or produce evidence as wit
nesses,, should receive immunity from
prosecution. t has hitherto been
supposed that the immunity conferred
-by existing laws "was only upon per
sons, who, being subpoenaed, had
given testimony or produced evidence,
as witnesses, relating to any offense
with which they were, or might be
charged. But Judce Humnhrev'R rte-
'cision is, in effect, that if either the
commissioner of corporations does
his duty or the interstate commerce
commission does it, by making the
investigations which they by law are
required to make, though they issue
no subpoena and receive no testi
mony, or evidence, within the proper
meaning of those words, the very
fact of the investigation may of It
self operate to prevent the prosecu
tion of any offender ror any offense
which may have been developed in
even the- most indirect manner dur
ing the course of the investigation or
even for any offense which may have
.been detected by investigations con
ducted by the department of justice,
entirely independently of the labors
of the interstate commerce commis
sion or of the commissioner of cor
porationsthe only condition of im
munity being that the offender should
have given, or directed to be given
information which related to the sub
ject out of which the offense has
grown.
"In offenses of this kind, it is at
the best hard enough to execute jus
tice upon offenders. Our system of
criminal jurisprudence has descended
to us from a period when the danger
was lest the accused should not have
his right adequately preserved, and
it is admirably framed to meet this
danger, but at present the danger
is just the reverse; that is, the
danger nowadays is, not that innocent
men will be convicted of crime, but
that the guilty man will go scot free.
This is especially the case where the
crime is one of greed and cunning,
perpetrated by a man of wealth in
the course of those business opera
tions where the code of conduct is
at variance, not merely with the code
of humanity and morality, but with
the code as established in the law of
the land. It is much . easier, but
much less effective, to proceed against
a corporation tnan to preceed against
the individuals in that corporation
who are themselves responsible for
the wrong-doings.
"Very naturally outside persons
who have no knowledge of the facts
and no responsibility for the success
of the proceedings are apt to clamor
for action against the individuals.
The department of justice has most
wisely invariably refused thus to pro
ceed against individuals unless it was
convinced both that they were In fact
guilty and that there was at least a
reasonable chance of eatnliliRhinfr fhfa
fact of 'their guilt. These beef pack
in cr CflRes Offerer! nn nf flin vai-v fnw I
instances where there was not only
the moral certainty that the accused
men were guilty, but what seemed
and now seems sufficient legal evi
dence of the fact.
"But in obedience to the explicit
order of the congress the commis
sioner of corporations had investi
gated the beef-packing business. The
counsel for the beef packers explicitly
admitted that there was no claim that
any promise of immunity had been
given by Mr. Garfield, as shown by
the following colloquy during the
argument of the attorney general:
"'Mr. Moody: I dismiss almost
with a word the claim that Mr. Gar
field promised immunity. Whether
there is any evidence of such a prom
ise or not, I do not know, and I do
not care.'
"'Mr. Miller (the counsel for the
beef packers): -There Is no claim to
it.'
'"Mr. Moody: Then. I was mistaken
and I will not oven say that word.'
"Bjit- Judge Humphrey holds that
if the commissioner of corporations,
and thorefor'if the interstate com
merce coinmiaston in "tho bourse of
any investigation prescribed by con
gress asks any. questions prri person
not called as a witness, or asks ariy
questions of an ofllcor of a corpora
tion not called as a witness with
regard to tho action of Uid corpora
tion on a subject out of which prose
cutions may subsequently arise, thon
tho fact of such questions having '
beon asked operates as a bar to the!
prosecution of that person or of that1
officer of the corporation for his own'
misdeeds. Such interpretation of tho!
law comes measurably near making
the law a farce; and I therefore
recommend that the congress pass a
declaratory act stating its real inten
tion. "THEODORE ROOSEVELT,
"Tlrti White House, April 17, 1900."
OUT-DOOR LIFE
The magic breath of spring Is in
the air, .even though it be a little
chilly for the passing moment, and
beauty , is budding and blooming
everywhere. The outdoor season' is
at hand. Good Health, an excellent
publication, suggests that as soon as
the weather will permit everybody
should live on the porch, do their read
ing, sewing, eating, lounging and nap
ping there. There is nothing more
healthful than living In the open air.
Condensing Goqd Health's suggestions
the Baltimore Sun says:
"The parlor ought to be deserted in
summer for the open air. and the
dining room likewise. With ham
mocks and easy chairs a delightful
existence there is practicable, and a
stay there is much more health-giving
than in the contaminated air of a bed
room. Many persons nowadays spend
the night on the porch in summer, and
not a few find the air better there
in winter also. There are porches
and porches. A bare, bleak porch ex
posed to the sun has its drawbacks. I
but it can be made attractive by plant
ing around It In the spring quick
growing vines. Clematis, woodbine,
trumpet flower, ivy and honeysuckle
can be planted later for perennial
shade. The morning-glory is a, rapid
grower and will give In a few weeks'
the desired privacy and shade. The
scarlet creeping bean is said to grow
six and three-quarter inches in one
night. One of its merits is that It
attracts hummingbirds all the summer
long. Porch furniture is now made
In many styles, including the indis
pensable table for books, magazines,
etc. Hanging baskets -with flowers
and ferns have a decorative effect.
Everything is to be added that will
charm the household from the house
into the open air."
Outdoor life, exercise, is better than
medicine. It is good for tho body, I
the mind and the soul. The approach
of the outdoor season should be also
the cleaning season. The spade and
the hoe, the broom and the paint
brush should bo brought into activity.
Nature always does her nart: let man
do his. Clean yards and lawns, rear
as well as front, clean streets and
sidewalks, trees, grass, flowers, vines,
these are necessary to cleanliness and
beauty such as give satisfaction to
the eye and repose to the mind. There
are many ways of living. Some do
not live; they merely exist. Some
persons of wealth only half live. To
labor to live may be a necessity, but
to live to labor is a duty. There is
a wealth of beauty and loveliness that
may be enjoyed by all. But there is
no beauty without cleanliness, and
outdoor life with dirty surroundings
can not be attractive. Nashville
American.
The attorney general of Wisconsin
is collecting evidence for the purpose
of annulling the Standard Oil trust's
charter in that state.
$50 if
Nothing
if it
Doesn't
Suits
it
Great
10
Shim
Hlekary
eial
Til fit 'a linn .! I .. Clf. II I -,... . .
uaoy. llimigh it'a tho lliiKuy known for merit In
ovory itoction ol tbo country, nnd 70a know whnt
you buy, atlll you cn hnro one to uho for 80 tiny
liflforp you doclilo. Wo mnko roo1, flrat-clnM Ton,
Ilaralos MB.OU up topur fnrooutt fSO.M) Split Hickory
Hpoclal. And nil othor kind of follicle, and Imr
new too. It tokos IK) ularmgM to niiorr all thoao In
our now 1000 catalogue. YVo toll you this book will
nave you tnonoy nnd wo want to
SEND YOU ONE FREE
Bntwomuathnvoyournanioundnddrpwj, wboro
!ihif I0."1" vol.lclM and linrnw- and -hip
direct to you to try. You enn't ma u moro liberal
propoHltlon nnd you avo middleman' pmnt of n
third to halt liy ilrnllnic with honilaunrtan. Onr
Ruarantoo Un legally blndlnKono Ut'tHoenVounnd
- tU 0,J kn.ow .t',a JW, PPorloncii and lnn
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you want to try-thon lt'a up to tho eoodi. Your
addroftH, pluano, nt onco.
THE OHIO CARRIAGE MFG. CO..
TL. O. 1'UELPH. PrflR.
Station 12 Clnolnnatt. O.
"""ai
g n.S.&A.B.LACEY.Washlngton.D.C. Estab. 18B9. 1
Coort PoBllloiiH nssnlesmon nowonn In ovorv
Btuto. Kxiiiirlciicn unnecogHury If litiMlor. Stoutly
work, Kood pay nnd promotion. Apply at onco n
Morotock Tobacco Works, JJox mi, Dan vlllo. Va
PATENTS GUARANTEED
Handsome Guide Book Free
1 "'IT VU'.VA'l1"1 tlmo ,., Tutont ISxpert.
K. IS. VKOOM AN, Hox 58, WaHhlnKton. D. ft.
wmm-inanj.
CASS (CdBfeff
m igiaMr n
This &EGAHT Watch $3:25
Difort you bar vte& cat thlt out aad nnd to si witii
your nia aad addrMi, md wa will und Ton by upnt
.lusiuuni Duouat w aye u AND
CHAIN C. O. D. JB3.7SV $"tK
.C P.
blri.
pumitMd a enTMt tkulutfxr, IU lour OotiS
bunUa cmi, Vho Jfully taptnd. Uo m tad tad
MsiMi.naawiuiarMtiTjfWillBOTDataiiil
fitted etula Ut tadlti or Tut ebtla for Otntf.
If Ton ooiuldtr It mil ia aar SS& fMf.n
FliXBU WATCH Warraatad SO YKiKH
Mjtluopmi ko W.76 aad It U juan. Our
SOyiarfoinatM feat with twiivKi. MUo
If Ton vtat OtsU'or ladta itu. AUhu
FiBtUCU A CO.,AU7 . M QalaejBL.CHIClM.
CREAM SEPARATOR
)Thfs is a ffennno offer
made to Introduce tho
sm
FREE
HyoiiMJ
PEOPLES CREAM SEPARATOR in every
neighborhood. It Is the best and sim
plest in the world. Wo ask that yoa
show It to your neighbors who havo
cows. Send your name and tho name
of tho nearest freight ofllco. Addrcsa
PEOPLES SUPPLY CO.
Oept. 17 Kansas city, Mo
iCT ,S iJl
Wt
n
JjIaf
BETWEEN
Chicago, StPauf.
Minneapolis,
DesMoines,$tJoseph,
Kansas Qtyh
Council Bluffs and
Omaha.
EQUIPMENT RIGHT, j
TIME RIOHT, (y
SERVICE RIGHT.; V
IT'S fKLL RIGHT. (
J.P.Elmor,G.P.A.t.Paul,lWJjin.
1
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