wrMitittati
Section Two
Pages 11 lo 18
VOL. XLVI PORTLAND, OREGON, WEDNESDAY, DECE3IBEK 5, 1906. T NQ. 14, .?.().
' i
PRESIDENT ROOSEVELT'S ANNUAL MESSAGE TO CONGRESS
. "WASHINGTON. Dec. 4. Following Us
the full text of President Roosevelt's
message to Congress, which was read in
both houses today:
To the Senate and House of Representatives:
As a nation we still continue to enjoy a lit
erally unprecedented prosperity; end It is
probable that only reckless speculation and
disregard of legitimate bu.f ne methods on
the part of the business world can materially
mar this prosperity.
No Cong rest in our time has done more
fiood work of Importance than the present
Congress. There were several matters left
unfinished at your last session, however,
w htch I most earnestly hope you will com
plete before your adjournment.
1 again recommend a law prohibiting all
corporations from contributing to the cam
paign expenses of any party. Such a bill
has already passed one House of Congress.
Let individuals contribute as they desire; but
let us prohibit In effective fashion all cor
porations from making contributions for any
political purpose, directly or Indirectly.
Another bill which has just passed one
House of Congress and which it is urgently
necessary should be enacted Into law is that
conferring opon the Government the right
of appeal In criminal cases on questions of
law. This right exists in many of the
states; It exists in the District of Columbia
by at of the Congress. It is of course not
proposed that in any case a verdict for the
defendant on the merits should be set aside.
Recently In one district wnere the Govern
ment had indicted certain persons for con
spiracy in connection with rebates, the court
sustained the defendant's demurrer; while
in another Jurisdiction an indictment for
conn piracy to obtain rebates nan been sus
tained by the court, convictions obtained un
der it, and two defendants sentenced to im
prisonment. The two cases referred 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 be soivea
by an appeal to a higher court, and ths
wheels of Justice are blocked without any
real decision of the question. I can not too
strongly urge the passage of the bill In
question. A failure to pass it will result
in seriously hampering the Government in
Its effort to obtain justice, especially against
wealthy individuals or corporations who do
wrong; and may also prevent the Govern
ment from obtaining Justice ror wage-workers
who are not themselves able effectively
to contest a case where the judgment of an
Inferior court has been against them. I
have specifically in view a recent decision
by a district judge leaving railway em
ployees without remedy for violation of a
certain so-called labor statute. it seems
an absurdity to permit a single district
judge, against what may be the judgment
of the Immense majority of 'nls colleagues
on the bench, to declare a law solemnly en
acted by the Congress to be "unconstitu
tional," and then to deny to the Govern
ment the right to have the Supreme Court
definitely decide the question.
Criminal Prosecution Justified.
It is well to recollect that the real effi
ciency of the law often depends not upon
the passage of acts as to which there is
great public excitement, but upon the pas
sage of acts of this nature as to which there
is not much public excitement, because
there- Is little public understanding of their
importance, while the interested parties are
keenly alive to the desirability of defeat
ing them. The importance of enacting into
law tha particular bill In question is fur
ther increased by the fact that the Gov
ernment has now definitely begun a policy
of resorting to criminal law in those trust
and interstate commerce cases where sucti
a course offers a reasonable chance of suc
cess. At first, as was proper, every effort
was made to enforce these laws by civil
proceedings; but it has become increasing
ly evident that the action of the Govern
ment In finally deciding, in certain cases, to
undertake criminal proceedings was justi
fiable; and though there have been some
conspbayous failures in these cases, we have
had many successes, which have undoubted
ly had a deterrent effect upon evil-doers,
whether the penalty Inflicted was in the
shape of fine or im.Hisonment and pen
alties of both kinds have already been in
flicted by the courts. Of course, where
the Judge can see his way to inflict the
penalty of imprisonment the deterrent ef
fect of the punishment on other offenders
Is increased; but sufficiently heavy fines ac
complish 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 Government's evidence to establish
the defendant's guilt was clear, conclusive
and undisputed. The case was a flagrant
one. The transactions which took place
under this Illegal contract were very large;
trie amounts of rebates returned were con
siderable; and the amount of the rebate
itself was large, amounting to more than
nne-flfih of the entire tariff charge for the
transportation of merchandise from this city
to Detroit. It is not too much to say, in my
opinion that if this business was carried on
for a considerable time on that basis
tnat is, if this discrimination in favor of
this particular shipper was made with an
18 instead of a 2."l cent rate and the tariff"
rate was maintained as against their com
petitors the result might be and not im
probably would be that their competitors
would be driven out of business. This crime
is one which in Its nature is deliberate and
premeditated. I think over a fortnight
. elapsed between the date of Palmer's let
ter requesting the reduced rate and the
answer of the railroad company deciding to
grant it, and then for months afterwards
this business was carried on and these
claims for rebates submitted month after
month and checks in payment of them
drawn month after month. Such a vio
lation of the law, in my opinion. In Its es
sential nature, is a very mucn more heinous
act than the ordinary common, vulgar
crimes which come before criminal courts
constantly for punishment and which arise
from sudden passion or temptation. This
crime In this case was committed by men of
education and of large business experience,
whose standing In tne community was such
that they might have been expected to set
an example of obedience to law. upon the
maintenance of which alone in this country
the security of their property depends. It
- as committed on behalf of a great rail
road corporation, whicn. like other railroad
corporations, has received gratuitously from
the state large and valuable privileges for
the public's convenience and Its own, which
performs quasi public functions and which
is charged with the highest obligation in
tne transaction of its business to treat the
citizens of this country alike, and not to
carry on Us business with unjust discrim
inations between different citizens or differ
ent classes of citizens.' This crime in its
nature Is one usually done with secrecy, and
proof of which It is very difficult to ob
tain. The Interstate commerce act was
passed In 18S7, nearly 20 years ago. Ever
dnce that time complaints of the granting
of rebates by railroads have been common,
urgent, and Insistent, and although the
Congress has repeatedly passed legislation
endeavoring to put a stop to this evil, the
difficulty of obtaining proof upon which
to bring prosecution in these cases is so
great that this Is the first case that has
ever been brought in this court, and, as I
am Informed, this case and one recently
brought in Philadelphia are the only cases
that have ever been brought In the eastern
part of this country. In fact, but few cases
of this kind have ever been brought in this
country, Kast or West. Now, under these
circumstances, I am forced to the conclu
sion. In a case In which the proof Is so
clear and the facts are so flagrant, it is the
wuty of the court to nx a penalty which
shall, In some degree- be commensurate with
the gravity of the offense. As between the
two defendants, in my opinion, the principal
penalty should be imposed on the corpora
tion. The traffic manager In this case, pre
sumably, acted without any advantage to
himself and without any interest in the
transaction, either by the direct authority or
in accordance with, what he believed to be
the policy or the wishes of his employer.
"The sentence of this court In this case is,
that the defendant Pomeroy, for each of the
six offenses upon which he has been convicted,
be fined the sum of $1000, making six fines.
. amounting In all to the sum of $0000; and
' the defendant. The New York Central and
Hudson River Railroad Company, for eaeh of
the six crimes of which it has been convicted,
be fined the sum of $18,000, making six finis
amounting in the aggregate to the sum of
$108,000, and judgment to that effect will be
entered in this case."
Restrict Inane of Injunctions.
In connection with thia matter, I would like
to call attention to the very unsatisfactory
state of our criminal law, resulting In large
part from the habit of setting aside the Judg
ments of Inferior courts on technicalities ab
solutely unconnected with the merits of the
case, and where there Is no attempt to show
that there has been any failure of substantial
Justice. ' It would be well to enact a law
providing something to the effect that:
No judgment shall be set aside or new
trial granted in any cause, ctvil or criminal,
on the ground of misdirection of the jury or
the improper admission or rejection of evidence,
or for error as to any matter of pleading or
procedure unless, in the opinion of the curt
to which the application is made, after an ex
amination of the entire cause, it shall affirma
tively appear that the error complained of has
remitted in a miscarriage of justice.
In my last message I suggested the enact
ment of a law in connection with the issuance
of Injunctions, attention having been sharply
drawn to the matter by the demand that the
right of applying injunctions in. labor cases
should be wholly abolished. It Is at least
doubtful whether a law abolishing altogether
the use of the injunctions in such cases would
stand the test of the courts; in which case
of course the legislation would be ineffective.
Moreover, I believe it would be wrong alto
gether to prohibit the use of Injunctions. It
is criminal .to permit sympathy for criminals
to weaken our hands in upholding the law; and
if men seek to destroy life or property by mob
Violence there should be no impairment of the
power of the courts to deal with them in the
most summary and effective way possible. But
so far as possible the abuse of the power
should be provided against by some such law
aa I advocated last year.
Abase of Power by Courts.
In this matter of Injunctions there is lodged
in the hands of the judiciary a necessary
power which Is nevertheless subject to the pos
sibility of grave abuse. It is a power that
should be exercised with extreme care and
should be subject to the jealous scrutiny of
all men, and condemnation should be meted
out as much to the judge who fails to use
It boldly when necessary as to the judge who
uses it wantonly or oppressively. Of course
a judge strong enough to be fit for his office
will enjoin any resort to violence or intimi
dation, especially by conspiracy, no matter
what his opinion my be of the righta of the
original quarrel. There must be no hesitation
in dealing with disorder. But there must like
wise be no abuse of the injunctive power aa
Is implied in forbidding laboring men to strive
for their own betterment. In peaceful and law
ful ways; nor must the injunction be used
merely to aid some big corporation in carry
ing out schemes for its own aggrandizement.
It must be remembered that a preliminary in
junction In a labor case, if granted without
adequate proof (even when authority can.be
found to support the conclusions of law on
which It is founded), may often settle the dis
pute between the parties; and therefore if
Improperly granted may do irreparable wrong.
Yet there are many judges who assume a
matter-of-course granting of a preliminary in
junction to be the ordinary and proper judicial
disposition of such cases; and there have un
doubtedly been flagrant wrongs committed by
judges in connection with labor disputes even
within the last few years, although I think
much less often than in former years. Such
judges by their unwise action immensely
strengthen the hands of those who are striv
ing entirely to do away with the power of
injunction; and therefore such careless use of
the injunctive process tends to threaten its
very existence, for if the American people
ever become convinced that this process is
habitually abused, whether in matters affecting
labor or in matters affecting corporations, it
will be well-nigh Impossible to prevent its
abolition.
Courts Should Not Fear Criticism.
It may be the highest duty of a judge at
any given moment to disregard, not merely
the wishes of individuals of great political or
financial power, but the overwhelming tide of
public sentiment; and the judge who does
thus disregard public sentiment when it ia
wrong, who brushes aside the plea of any
special Interest when the pleading Is not
founded on righteousness, performs the highest
service to the country. Such a judge is deserv
ing of all honor; and all honor cannot be paid
to thia wise and fearless judge if we. permit
the growth of an absurd convention which
would forbid any criticism of the judge of an
other, type, who shows himself timid In the
presence of arrogant disorder, or who on in
sufficient grounds grants an Injunction that
does grave injustice, or who In his capacity
as a conatruer, and therefore in part a
maker, of the law, in flagrant fashion thwarts
the cause of decent government. The judge
has a power over which no review can be
exercised; he himself sits in review upon the
acts of both the executive and legislative
branches of the Government; save In the most
extraordinary cases he is amenable only at
the bar of public opinion; and it Is unwise
to maintain that public opinion in reference to
a man with such power shall neither be ex
pressed nor led.
The best fudges have ever been foremost
to disclaim any immunity from criticism. This
has been true since the days of the great
English Lord Chancellor barker, who said:
"Let all people be at liberty to know what
I found my Judgment upon; that, so when I
have given it in any cauee, others may be at
liberty to judge of me." The proprieties of
the case were set forth with singular clearness
and good temper by Judge W. H. Taft, when
a United States circuit judge, eleven years
ago. In 1895:
Judge Invited Criticism.
"The opportunity freely and publicly to
criticize judicial action Is of vastly more im
portance to the body politic than the immuni
ty of courts and judges from unjust asper
sions and attack. Nothing tends more to
render judges careful in their decisions and
anxiously solicitous to do exact Justice than
the consciousness that every act of theirs la
to be subjected to the intelligent scrutiny and
candid criticism of their fellow-men. Such
criticism is beneficial in proportion as it is
lair, dispassionate, discriminating, and baed
on a knowledge of sound legal principles. The
comments made by learned text writers and
by acute editors of the various law reviews
upon judicial decisions are therefore highly
useful. Such critics constitute more or less
impartial tribunals of professional opinion be
fore which each judgment is made to stand or
fall on its merits, and thus exert a strong in
fluence to secure uniformity of decision. But
non-professional criticism also is by no means
without its uses, even If accompanied, as it
often is, by a direct attack upon the judicial
fairness and motives 'of the occupants of the
bench; for If the law is but the essence of
common sense, the protest of many average
men may evidence a defect in a Judicial con
clusion, though based on the nicest legal
reasoning and profoundest learning. The two
important elements of moral character in a
judge are an earnest desire to reach a just
conclusion and courage to enforce it. In so
far as fear of public comment does not effect
the courage of a judge, but only spurs him
on to search his conscience and to reach the
itsult which approves itself to his inmost
heart, such comment serves a useful purpose.
There are few men, whether they are judges
for life or for a shorter term, who do not
prefer, to earn and hold the respect of all,
and who cannot be reached and made to
pause and deliberate by hostile public criti
cism. In the case of judges having a life
tenure. Indeed, their very independence makes
tl'e right freely to comment on their decisions
of greater importance, because it ia the only
practical and available instrument in the
hands of a free people to keep such judges
alive to the reasonable demands of those they
serve.
"On the other hand, the danger of destroy
ing the proper influence of judicial decisions
by creating unfounded prejudices against the
courts justifies and requires that unjust at
tacks shall be met and answered. Courts
must ultimately rest their defense upon the
inherent strength of the opinions they deliver
as the ground for their conclusions and must
trust to the calm and deliberate judgment of
all the people as their best vindication."
- People's Instincts Sound.
There Is one consideration which should be
taken into account by the good people who
carry a sound proposition to an excess in ob
jectiong to any criticism of a judge's decision.
The instinct of the American people as a whole
Is sound in this matter. They will not sub
scribe to the doctrine that any public servant
is to be above all criticism. If the best citi
zens, those most com petent to ex press their
judgment in such matters, and above all those
belonging to the great and honorable profes
sion of the bar, so profoundly influential in
American life, take the position that there
shall be no criticism of a judge under any
circumstances, their view will not be accepted
Dy tne American people aa a whole. In such
event the people will turn to, and tend to accept
as justifiable, the intemperate and improper
criticism uttered by unworthy agitators. Sure
ly it la a misfortune to leave to such critics
a function, right in itself, which they are
certain to abuse. Just and temperate criti
cism, when necessary, is a safeguard against
the acceptance by the people as a whole of
that intemperate antagonism 'towards the ju
diciary which must be combated by every
right-thinking man, and which, if it became
widespread "among the people at large, would
constitute a dire menace to the Republic.
In connection with the delays of the law, J
THE PRESIDENT'S MESSAGE AT
CAMPAIGN" CONTRIBUTIONS. Prohibit campaign contributions bycorporatlons.
THE LAW'S DELAYS. Give Government right of appeal in criminal cases on questions of law. Provide
that no judgment shall be set aside or new trial granted unless .the complained of has resulted in a mis
carriage of justice ' ( '
INJUNCTIONS. Restrict power of judges to prevent Injustice to"Iabor or use of injunctions to aggran
dize capital.
LYNCHING. Provide death, penalty for rape or assault with intent to commit rape; swift punishment;
victim of crime to testify in private; details not to be published.
HOURS OF LABOR -Limit hours on railroads and aim to reduce hours generally with eight-hour sys
tem as goal; give government employes half holidays in S?ummer. Eiht-hour law now being rigidly en
forced. LABOR OP "WOMEN AND CHILDREN. Make thorough investigation and pass drastic child labor, law
for District of Columbia and territories.
EMPLOYERS' LIABILITY-Compensation for accidents or deaths due to the legitimate risks of a trade
to be paid by the employer. -
STRIKES. Provide for compulsory investigation by Government of all labor controversies.
COAL LAND. Wilh draw it from sale or entry and lease It under royalty system. Government to super
vise price of coal and freight rates on coal.
MEAT INSPECTION. Provide for putting date on label and make packer-pay cost of inspection.
CORPORATIONS. Provide Federal control and publicity, not so much to prevent consolidation as to see
that it results in no harm to the people. Permit railroads to make agreements to maintain rates. Dis
criminate between good and bad combinations of capital. -
TAXES. Impose graduated inheritance tax, and if possible graduated income tax. Pro rata of Inher
itance tax should increase very heavily "with increase of amount left to one Individual beyond a certain
point. 1
INDUSTRIAL EDUCATION. Provide industrial and technical training in schools of the District of
Columbia.
MEMORIAL " AMPHITHEATER. Should be erected at Arlington Cemetery.
MARRIAGE AND DIVORCE. A constitutional amendment should be passed relegating these subjects to
the authority of the National Government, thus enabling Congress' to deal with polygamy. f
SHIP SLBSIDY. Pass bill submitted to House last session, or at least for better communication with
South America.
CURRENCY REFORM. Provide for expansion and contraction of circulation to meet the needs , of
money market.
PHILIPPINE ISLANDS. Tariff on imports into the United States should be reduced or abolished.
PORTO RICO. Citizens should be made American citizens. San Juan harbor should be dredged and im
proved. Federal treasury should pay expenses of Federal Court. Affairs of all islands should be directed
by one department, preferably State or War.
HAWAII. Effort should bo made to develop community of small freeholders, not great planters with
coolie-tilled estates: Government should provide for education and internal improvements.
ALASKA. Must be complete re
at Seattle commended.
JAPAN Provide for naturalization of Japanese. Give the President
aliens under treaties. To shut Japanese from our public schools is a "wicked absurdity.".
CUBA. Elections will be held in a few months. If they become a farce and the insurrectionary habit
becomes confirmed, it is out of the question that the island remain independent.
RIO CONFERENCE. Approves Secretary Root's speech and re-affirms opposition to forcible collection of
debts from foreign nations. .
PANAMA CANAL. Will report later. .
MOROCCO. Ratify treaty signed at Algeciras convention.
SEALING. Regulations for protection of seals should be revised, other islands should be protected be
sides St. Paul, landing without permit should be forbidden, authority of Government agents should be en
larged. ' Negotiations with both Great Britain and Japan for protection of seals are in progress. Prohi
bition of pelagic sealing is proposed.
SECOND HAGUE CONFERENCE Arrangement of preliminaries is In progress and all American Re
publics have been invited.
1 RED CROSS CONFERENCE. Revised convention to be laid before Senate. . f-
ARMY AND NAVY -Maintain navy at present strength by replacing obsolete, and outworn ships with
new and good ones.. Build at least one. first-class battleship a year, and smaller ships from time to time
and keeu up training of crews to highest standard. Marksmanship has so improved in five years that effl- -ciency
of navy has doubled. Maintain highest standard of personnel. In both services eliminate men after
certain age. if they cannot be promoted. Increase coast defense force and provide for annual army ma
neuvres in large bodies. Mass army in brigade on division posts. Establish shooting galleries in public
and military schools and maintain national target ranges. . -
I call your attention and the attention of the
Nation to the prevalence of crime among us,
and aboVe all to the epidemic of lynching and
mob violence that springs up, now in one
part of our country, now in another. Each
section. North, South, East or West, has its
own faults; no section can with wisdom spend
its time jeering at the faults ot another sec
tion; It should be busy trying to amend its
own shortcomings. To deal with the crime of
corruption it is necessary to have an awaken
ed public conscience, and to supplement this
by whatever legislation will add speed and
certainty in the execution of the law. When
we deal with lynching even more is necessary.
A great many white men are lynched, but the
crime Ls peculiarly frequent In respect to black
men. The greatest existing cause of lynching
is the perpetration, especially by black men,
of the hideous crime of rape the most abomi
nable in all the category of crimes, even worse
than murder. Mobs frequently avenge the
commission of this crime by themselves tortur
ing to death the man committing it; thus
avenging in bestial fashion a bestial deed, and
reducing themselvea to a level with the crimi
nal. Lawlessness grows by what it feeds upon;
and when mobs begin to lynch for rape they
speedily extend the sphere of their operations
and lynch for many other' kinds of crimes,
so that two-thirds of the lynchingB are not
for rape at all; while a considerable propor
tion of the Individuals lynched are innocent of
all crime. Governor Candler, of Georgia,
stated on one occasion eome yeura ago: "I
can say of a verity that I have within the last
month, saved the lives of half a dozen inno
cent negroes who were pursued by the mob,
and brought them to trial in a court of a
law in which they were acquitted." As Bishop
Galloway, of Mississippi, has finely said:
'"When the rule of the mob obtains, that which
distinguishes a high civilization is surrendered.
The mob which lynches a negro charged with
rape will In a little while lynch a white 'man
suspected of crime. Every Christian patriot
in America needs to lift up his voice In loud
and eternal protest against the mob spirit
that is threatening the integrity of thia Re
public." Governor Jelks, of Alabama, has
recently spoken as follows: "The lynching of
any person for whatever crime is Inexcusable
anywhere It is a defiance of orderly govern
ment; but the killing of innocent people under
any provocation is infinitely more horrible;
and yet innocent people are likely to die when
a mob's terrible lust Is once aroused. The
lesson is this: No good citizen can afford to
countenance a defiance of the statutes, no
matter what the provocation. The innocent
frequently suffer, and, it is my observation
more usually suffer than the guilty. The white
people of the South indict the whole colored
race on the ground that even the better ele
ments lend no assistance whatever in ferret
ing out criminals of their own color. The
respectable colored people must learn not to
harbor their criminals, but to assist the of
ficers in bringing them to justice. Thia is
the larger crime, and it provokes such atro
cious affenses aa the one at Atlanta. The two
races can never get on until there la an un
derstanding on the part of both to make com
mon cause with the law-abiding against crim
inals of any color."
Aggravates Race Hatred.
Moreover, where any crime committed by a
member of one race against & member of an
other race ia avenged in such fashion that it
seems as if not the individual criminal, but
the whole race, is attacked, the result is to
exasperate to the highest degree race feeling.
There is but one safe rule in dealing with
black men as with white men; It is the same
rule that must be applied in dealing with
rich men and poor men; that Is, to treat each
man, whatever his color, his creed, or his
social position, with even-handed justice on
his real worth aa a man. White people owe it
quite as much to themselves as to the colored
race to treat well the colored man who shows
by his life that he deserves such treatment;
for it la surely the highest wisdom to en
courage in the colored race all those Individu
als who are honest, Industrious, law-abiding,
and who therefore make good and safe neigh
bora and citizens. Reward or punish the in
dividual on his merits aa an individual. Evil
will surely come in the end to both races if
we substitute for this just rule the habit of
treating all the members of the race, good
and bad. alike. There is no question of "social
equality" or "negro domination" involved;
only the question ot relentlessly punishing bad
men, and ot securing to the good man the
right to his life, his liberty, and the pursuit
- organization of governmental system.
of his happiness as his own qualities of heart,
head, and hand enable him to achieve it.
Prompt and Severe Punishment.
Every colored man should realize that the
worst enemy of his race is the negro criminal,
and above all the negro criminal who commits
the dreadful crime of rape; and it should be
felt as In the highest degree an offense against
the whole country, and aglnat the colored
race In particular, for a colored man to fail
to help the officers of the law in hunting
down with all possible earnestness and zeal
every such infamous offender. Moreover, in
my judgment, the crime of rape should always
be punished with def.th, as in the case with
murder; assault with Intent to commit rape
ehould be made a capital crime, at least in
the discretion of the court ; and provision
should be made by which the punishment may
follow immediately upon the heels of the of
fense; while the trial should be so conducted
that the victim need not be wantonly shamed
while giving testimony, and that the least
possible publicity shall be given to the
details.
The members of the white race, on the
other hand, should understand that every
lynching represents by just so much a loos
ening of the bands of civilization; that the
spirit of lynching inevitably throws into
prominence in the community all the foul
and evil creatures who dwell therein. No
man can take part in the torture of a hu
man being without having his own moral
nature permanently lowered. Every lynch
ing means just so much moral deterioration
in all the children who have any knowledge
of -It, and therefore just so much additional
trouble for the next generation of Ameri
cans. Let justice be both sure and swift; but
let it be justice under the law, and not the
wild and crooked savagery of a mob.
Educate the Negroes.
There Is another matter which has a di
rect bearing upon this matter of lynching
and of the brutal crime which sometimes
calls it forth and at other times merely fur
nishes the excuse for Us existence. It is
out of the question for our people as a whole
permanently to rise by treading down any
of their own number. Even those who them
selves for the moment profit by such mal
treatment of their fellows will in the long
run alsj suffer. No more shortsighted policy
can be imagined than, in the fancied in
terest of one class, to prevent the education
of another class. The free public school,
the chance for each boy or girl to get a
good elementary education, lies at the foun
dation of our whole political situation. In
every community the poorest citizens, those
who need the schools most, would be de
prived of them if they only received school
facilities proportioned to the taxes they paid.
This is as true of one portion of our coun
try as of another. It is as true for the negro
as for the white man.- The white man, 1
he is wise, will decline to allow the negroes
in a mass to grow to manhood and woman
hood without education. Unquestionably ed
ucation such as is obtained In our public
schools does not do everything toward mak
ing a man a good citizen; but it does much.
The lowest and most brutal criminals, those
for instance who commit the crime of rape,
are in the great majority men who have
had either no education or very little; just
as they are almost Invariably men who own
no property; for the man who puts money
by out of his earnings, like the man who
acquires education, is usually lifted above
mere brutal criminality. Of course the best
type of education for the colored man, taken
as a whole, is such education as is conferred
in schools like Hampton and Tuskegee;
where the boys and girl, the young men and
young women, are tratnefl industrially as
well as in the ordinary public school
branches. The graduates of these schools
turn out well in the great majority of cases,
and hadly any of them become criminals,
while what little criminality there Is never
takes the form of that brutal violence which
invitea lynch law. Every graduate of these
schools and for the matter of that, every
other colored man or woman who leads a
life so useful and honorable as to win the
good will and respect of those whites whose
neighbor he or she is.' thereby, helps the
whole colored race as It can be helped in no
other way; for next to. the negro; himself,
the man who can do most to help the negro
ia his white neighbor who lives near him;
and cur steady effort should be to better .
A GLANCE
Alaska-Yukon-Pacific Exposition
power to enforce
the rights of
the relations between the two. Great though
the benefit of these schools has been to their
colored pupils and to the colored people, it
may well be questioned whether the benefit
has not been at least as great to the white
people among whom these colored pupils
live after they graduate.
Demagogues Excite Mobs.
Be it' remembered, furthermore, that the
individuals who, whether from folly, from
evil , temper, from greed for office or in a
spirit of mere base demagogy. Indulge In
the Inflammatory and incendiary speech ej
and writings which tend to arouse mobs and
to bring about lynching, not only thus ex
cite the mob, but also tend by what criminol
ogists call "suggestion. greatly to Increase
the likelihood of a repetition of the very
crime against .which they are inveighing.
When the mob is composed of the people of
one race and the man lynched is of another
race, the men who in their speeches and
writings either excite or justify the action
tend, of course, to excite a bitter race feel
ing and to cause the people of the opposite
race to lose. sight of the abominable act of
the criminal himself; and in addition, by
the prominence they give to the hideous
deed they undoubtedly tend to excite in
other brutal and depraved natures thoughts
of committing it. Swift, relentless and or
derly punishment under the law is the only
way by which criminality of this type can
permanently be suppressed.
Labor and Capital. S
In dealing with both labor and capital,
with the questions affecting both corpora
tions and trades unions, there Is one matter
more important to remember than aught else
and that Is the infinite harm done by
preachers of mere discontent. These are the
men who seek to excite a violent class
hatred' against all men of wealth. They
reek to turn wise and proper movements
for the better control of corporations and
for doing away with the abuses connected
with wealth, into a campaign of hysterical
excitement and falsehood in which the aim
Is to Inflame to madness the brutal pas
sions of mankind. The sinister demagogues
and foolish visionaries who are always eager
to undertake such a campaign of destruc
tion sometimes seek to associate themselves
with those working for a genuine reform in
Governmental and social methods, and some
times masquerade as such reformers. In
reality they are the worst enemies of the
caue they profess to advocate. Just as the
purveyors of sensational slander in newspa
per or magazine are the worst enemies of
all men who are engaged in an honest effort
to better what is bad in our social and Gov
ernmental conditions. To preach hatred of
the rich man as such, to carry on a cam
paign of dander and invective against him,
to seek to mislead and Inflame to madness
honest men whose lives are hard and who
have not the kind of mental training which
will permit them to appreciate the danger in
the doctrines preached all this Is to com- '
mlt a crime against the body politic and to 1
be false to every worthy principle and tra
dition of American National life. Moreover,
while such preaching and such agitation may
give a livelihood and a certain notoriety ,
to some of those who take part in It, and
may result In the temporary' political sue- j
cess ot others, in the long run every such .
movement will either fail or else will pro- i
voke a violent reaction, which will itself
result not merely in undoing the mischief j
wrought by the demagogue and the agitator,
but also In undoing the good that the hon- '
est reformer, the true upholder of popular
rights, has- painfully and laboriously
achieved. Corruption Is never so rife as in
communities where the demagogue and the
agitator bear full sway, because in such
communities all moral bands become loos
ened and hysteria and sensationalism re
place the spirit of sound judgment and fair
dealing as between man and man. In sheer
revolt against the squalid anarchy thus pro
duced men arc sure in the end to turn
toward any leader who can restore order,
and then their relief at being free from th
Intolerable burdens of class hatred, violence
and demagogy is such that they cannot for
some time be aroused to Indignation against
misdeeds by men of wealth; so that they
permit a new growth of the very abuses
which were in part responsible for the orig
inal outbreak. The one hope for success for
our people lies in a resolute and fearless,
but sane and cool-headed, advance along
the path marked out last year by this very
Congress. There must -be a stern refusal
to be misled into following either that base
creature who appeals and panders to the
lowest instincts and passions In order to
arouse one set of Americans against their
fellows, or that other creature, equally base
but no baser, who in a spirit of greed, or to
accumulate or add to an already huge for
tune, seeks to exploit his fellow-Americans
with callous disregard to their welfare of
soul and body. The man who debauches
others in order to obtain a high office stands
on an evil equality of corruption with the
man who debauches others for financial
profit; and when hatred Is sown the crop
which, springs up can only be evil.
Hypocrisy of Demngnguen.
The plain people who think the mechan
ics, farmers, merchants, workers with head
or hand, the men to whom American tradi
tions are dear, who love their country and
try to act decently by their neighbors, owe
it to themselves to remember that the most
damaging blow that can be given popular
government . is to elect an unworthy and
sinister agitator on a platform of violence
and hypocrisy. Whenever such an isrue ij
raised in this country nothing can be gained
by flinching from it, for in such case dem
ocracy Is itself on trial, popular self-government
tinder Republican forms Is itself
on trial. The triumph of the mob is just as
evil a thing as the triumph of the pluto
cracy and to have escaped one danger avails
nothing whatever if we succumb to the
other. In the end the honest man. whether
rich or poor, who earns his own living and
tries to deal justly by his fellows, has as
much to fear from the Insincere and un
worthy demagogue, promising much and
performing nothing, or else performing
nothing but evil, who would set on the mob
to plunder the rich, as from the crafty
corruptionist, who, for his own ends, would
permit the common people to be exploited
by the very wealthy. If we ever let this
Government fall into the hands o men of
either of these two classes, we shall show
ourselves false to America's past. Moreover,
the demagogue and the corruptionist often
work hand In hand. There are at this
moment wealthy reactionaries of such ob
tuse morality that they regard the public
servant who prosecutes them when they vio
late the law, or who seeks to make them
bear their proper share of the public bur
dens, as being' even more objectionable than
the violent agitator who hounds on the mob
to plunder the rich.,. There is nothing to
choose between such a reactionary and such
an agitator; fundamentally they are alike
in their selfish disregard of the rights of
others; and it is natural that they
should join in opposition to any movement
of which the aim is fearlessly to do exact
and even justice to all.
Limit Hours of I.ahor.
I call your attention to the need of pass
ing the bill limiting the number of 'hours
of employment of railroad employes. Th
measure Is a very moderate one and I can
conceive of no serious objection to it. In
deed, so far as it is in our power, it should
be our aim steadily to reduce the number
of hours of labor, with as a goal the gen
eral Introduction of an eight-hour day. There
are industries In which it is not possible
that the hours of labor should be reduced;
just as there are communities not far enough
advanced for such a movement to be for
- their good, or. If in the tropics, so situ
ated that there is no analogy between their
needs and ours in this matter. On the Isth
mus of Panama, for instance, the conditions
are in every way so different from what they
are here that an eight-hour day would, be
absurd; just as it is absurd, so far as the
Isthmus is concerned, where white labor
cannot be employed, to bother as t. whether
the necessary . work is done by alien black
men or by alien yellow men. But the
wageworkers of the United States are of so
high a grade that alike from the merely
Industrial standpoint and from the civic
standpoint it should be our object to do
.what we can In the direction of securing the
..general observance" of an eight-hour day.
Until recently the eight-hour law on our
Federal statute books has been very scant
ily observed. Now, however, largely through
the Instrumentality of the Bureau of Labor,
It is being rigidly enforced, and I shall
speedily be able to say whether or not there
Is need of further legislation in reference
thereto; for. our purpose is to see it obeyed
in spirit no less than In letter. Half -holidays
during Summer should be established
for Government employes; it ls as desirable
for wageworkers who foil with their hands
as for salaried officials whose labor is men
tal that 4here should be a reasonable amount
of holiday.
Dratttlc Child Labor Law.
The Congress at its la.t session wisely
provided for a truant court for the District
of Columbia; a marked step in advance on
the path of properly caring for the children.
Let me again urge that the Congress pro
t ide for a thorough investigation of the
conditions of child labor and of the labor
of women In the United States. More and
more our people are growing to recognize
the fact ttiat the questions which are not
merely of industrial, but of social, import
ance, outweigh all others; and these two
questions most emphatically come in the
category of those which affect in the most
far-reaching way the home life of the Na
tion. . The horrors incident to the employ
ment of young children in factories or at
work anywhere are a blot on our civiliza
tion. It Is true that each state must ulti
mately settle the question in its own way;
but a thorough official investigation of the
mattef, with the tcsults published broad
cast, would greatly help toward arousing the
public conscience and securing unity of state
action in the matter. There is, however,
one law on the subject whicti should be en
acted immediately, because there is no need
for an investigation in reference thereto,
and the failure to enact it is discreditable
to the National Government. A drastic and
thorough-going child-labor law should be
enacted for the District of Columbia and the
territories-
Make Employer Liable.
Among the excellent laws which the Con
gress passed at the last session was an em
ployers' liability law. It was a marked step
in advance to get the recognition of em
ployers' liability on the statute books; but
the law tld not go far enough. In spite of
all precautions exercised by employers there
are unavoidable accidents and even deaths
involved in nearly every line of business
connected with the mechanic arts. This
inevitable sacrifice of life may be reduceil
to a minimum, but it cannot be completely
eliminated. It is a great social Injustice
to compel the employe, or rather the family
of the killed or dlt-ahled victim, to bear the
entire burden of such an inevitable sacri
fice. In other words, society shirks its duty
I y laying the whole cost on the victim,
whereas the injury comes from what may
be called the legitimate risks of the trade.
Compensation for accidents or deaths due
In any line of industry to the actual condi
tions undr which that industry is carried
on, should be paid by that portion of the
community for the benefit of which the in
dustry is carried on that Is, by those who
profit by the Industry.' If the entire trade
risk is placed upon the employer he will
promptly and properly add it to the legiti
mate co.t of production and assess it pro
portionately upon the consumers of his com
modity. It Is therefore clear to my mind
that the law should place this entire "risk
of a trade" upon the employer. Neither the
Federal law nor, as far as I am Informed,
the state laws dealing with the question of
employers liability are sufficiently thorough
going. The Federal law should of course
include employes in Navy-yards, arsenals
and the like.
Compulsory Arbitration of Strikes.
The commissioner appointed by the Pres
ident October J6. 1902. at the request of both
tne anthracite coal operators and miners, to
inquire into, consider and pass upon the
questions In controversy In connection with
the strike In the anthracite regions of Penn
sylvania and the causes out of which the
controversy arose, in their report, findings,
and award expressed the belief "that the
State and Federal Governments snould pro
vide the machinery for what may be called
the compulsory investigation of con trover-
sies between employers and employees when
they arise." This expression of belief is
deserving of the favorable consideration of
the Congress and the enactment of its pro
visions Into law. A bill has already been
introduced to this end.
Records show that during the 20 years
from January 1. 18S1. to December ol,. 1900.
there- were strikes affecting 1 17.o09 estab
lishments, and 0.103, G!4 employees were
thrown out of employment. Tturing tne same
period there were l'H'5 lockouts. Involving
nearly 10,000 establishments, throwing over
1,000,000 people out of employment.
These strikes and lockouts involved an
estimated loss to employees of ;!07,
000,000 and to employers of $143,000,
0O0, a total of $4.-0,00O,OO0. ' The pub
lic suffered directly and indirectly
probably as great an additional loss.
But the money loss, great as it was, did not
measure the anguish and suffering endured
by tne wives and children of employees
whose pay stopped when their work stopped,
or the disastrous effect of the strike or
lockout upon the business of employers, or
the increase in the cost of products and the
inconvenience and loss to the public.
Many of these strikes and lockouts would
not have occurred nad the parties to the
dispute been required to appear- before an
unprojudiced body representing the nation
and, face to face, state the reasons for their
contention. In most Instances the dispute
would doubtless he found to be due to a mis
understanding by each of the other's rights,
aggravated by an unwillingness of either
party to accept as true the statements of
the otner as to the justice or Injustice of
the matters in dispute. The exercise of a
judicial spirit by a disinterested body rep
resenting the Federal Government, such as
would be provided by a commission on con
ciliation and arbitration, would tend to
create an atmosphere of friendliness and
conciliation between contending parties; and
the giving each side an equal opportunity
to present fully its case in the presence
of the other would prevent many disputes
from developing into serious strikes or lock
outs, and, in other cases, would enable the
commission to persuade the opposing parties
to come' to terms.
In thia aRc of great corporate and labor
combinations, neither employers nor em
ployees should be left completely at the
mercy of the stronger party to a dispute,
regardless of the righteousness of t heir
respective claims. The proposed measure
would be in the line of securing recognition
of tne fart that in many strikes the pub
lic has Itself an interest which can not
wisely be disregarded; an interest not mere
ly of general convenience, for the question
of a just and proper public policy must also
be considered. In all legislation of this
kind it Is well to advance cautiously, test
ing each step by the actual results; the step
proposed can surely be safely taken, for
the decisions of the commission would
not bind the parties in legal fhimi, and yet
would give a chance for public opinion to
crystallize and thus to exert Its full force
for the right.
Lease Coal Land on Royalty.
It is not wise that the Nation should
alienate its remaining coal lands. I have
temporarily withdrawn from settlement all
the lands which the Geological Survey has
indicated as containing, or in all proba
bility containing coal. The question, how
ever, can be proper iy set tied only by legis
lation, which in my judgment should pro
vide for the withdrawal of these lands from
sale or from entry, save in certain especial
circumstances. The ownership would then
remain In the Vnited States, which should
not. however, attempt to work the in, but
permit them to be worked by private In
dividuals under a royalty system, the Gov
ernment keeping such control as to permit
It to see that no excessive price was charged
consumers. It would, of course, be as nec
essary to supervise the rates cn'arged by
the common carriers to transport the product
as the rates charged by those who mine It;
and the supervision must extend to the con
duct of the common carriers, so that they
shall in no way favor one competitor at tn
expense of another. The withdrawal of
these coal lands would constitute, a policy
analogous to that which has been followed
In withdrawing the forest lands from or
dinary settlement. The coal. like the for
ests, should be treated as the property of
the public, and its disposal should be under
conditions which would inure to the benefit
of the public as a whole.
Control of Corporations.
The present Congress has taken long
strides In the direction of securing proper
supervision and control by the National
Government over corporations engaged in
intaMtate business and the enormous ma
jority of corporations of any size are en
gaged in interstate business. The passage
ot tho railway rate bill, and only to a less
degree the passage of the pure-food bill,
and tho provision for increasing and ren
dering more effective National control over
the beef -packing industry, mark an im
portant advance in the proper direction. In
the short session It will perhaps he diffi
cult to do much further along this line;
and It may be best to wait until the law
have been in operation for a number or
months before endeavoring to Increase their
scope, because only operation will show with,
exactness Uir merits and their shortcom
ings and thus give opportunity to defins
what further remedial legislation Is needed.
Yet In my judgment it will in the end be
advisable In connection with the packing
house inspection law to provide for putting
a date on the label and for charging the
cost of inspection to the packers. All these
laws have already justified their enactment.
The interstate commerce law. for instance,
has rather amusingly falsified the predic
tions, botn of those who asserted that It
would ruin the railroads and of those who
asserted that it did not go far enough and
would accomplish nothing. During the last
five months the railroads have shown in
creased earnings and some of them unusual
dividends: while during the same period th
mere taking effect of the law has produced
an unprecedented, a hitherto unheard of,
number of voluntary reductions in freights
and fars by the raitaoads. Since the found
ing of the commUsion there has never been
a time of equal length In which anything
J!ke so many reduced tariffs have been put
into effect. On August -7, for instance, twft
days before the new law went into effect,
the commissicn received notices of over SOOO
separate tariffs which represented reduc
tions from previous rates.
It must not be supposed, however, that
with the passage of these laws it will be
possible to stop progress along the line ?
Increasing the power of the National Gov
ernment over the use of capital in inter
state commerce. For example, there will
ultimately be need of enlarging the powers
of the Interstate Commerce Commission
along several different lines, so as to give It
a larger and more efficient control over the
railroads.
Federal Action I m iterative.
It cannot too often be repeated that ex
perience has conclusively shown the impos
sibility of securing by the actions of nearly
half a hundred different State Legislatures
auytlfing but Ineffective chaos In the way
of dealing with the great corporations which
do not operate exclusively within the limits
of any one state. In some method, whether
by a National license law or in other fash- '
Ion, we must exercise, and that at an early
date, a far more complete control than at
present over these great corporations a con
trol that will, among other things, prevent
the evils of excessive overcapitalization, and
that will compel the disclosure by each big
corporation of its stockholders and of its
properties and business, whether owned di
rectly or through subsidiary or affiliated
corporation.1?. This will tend to put a stop
to the securing of Inordinate profits by fa"
vored Individuals at the expense whether
of the general public, the stockholders or
the wageworkers. Our effort should be not ,
so much to prevent consolidation as such,
but so to supervise and control it as to see
that it results In no harm to the people.
The reactionary or ultra-conservative apol
ogists lor the misuse of wealth assail the
effort to secure such control as a step
toward socialism. As a mar of fact, it
these reactionaries ana ultra-conservatives
who an themselves most potent In increas
ing socialistic feeling. One of the most ef
ficient methods of averting the consequences
of a dangt rous agitation, which is 80 per
cent wrong, is to remedy tho -0 per cent
of evil as to which the agitation in well
founded. The best way to avert the very
undesirable move for the governmental own
ership of railways ir- to secure by the Gov
ernment on behalf of the people as a whole
such adequate control and regulation of ths
great intei'Ktate common carriers as will
do away with the evils which give rise to
the agitation against them. So the proper
antidote to the dangerous and wicked agi
tation against the men of wealth as such
Is to secure by proper legislation and ex
ecutive action the abolition of the grave
abuses which actually do obtain In connec
tion with the business use of wealth under
our present system or rather no system
of fniiun; to exercise any adequate control
at all. Some persons speak as if the exer
cise of such governmental control would do
away with the freedom of Individual Initi
ative and dwarf Individual effort. This is
not a fact. It would be a veritable calam
ity to fall to put a premium upon Individual
Initiative, Individual capacity and effort ;
upon the energy, character and foresight
which It is so important to encourage in the
individual. But. an a matter of fact, the
deadening and degrading effect of pure so-
I