The State Journal. (Cherokee, Okla.), Vol. 1, No. 31, Ed. 1 Friday, December 6, 1907 Page: 2 of 8
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GOVERNOR’S
CHIEF EXECUTIVE OF OKLAHO
MA MAKES RECOMMEND-
ATIONS TO FIRST
LEGISLATURE
TO PROTECT DEPOSITORS
ADVOCATES STRINGENT BANKING
LAWS AND WOULD HAVE STATE
HOLD RESERVE FUND TO SE-
CURE DEPOSITORS FROM
LOSS BY FAILURES
OF THE BANKS
CORPORATIONS WHO ATTEMPT TO
REMOVE CASES AGAINST THEM
FROM STATE TO FEDERAL
COURTS SHOULD HAVE
CHARTERS REVOKED
GUTHRIE: Governor Haskell's mes'
sage to the first state legislature of
Oklahoma was read to that body upon
Its convening The message was not
long but covered a great many subjects
He opened his message by protesting
against lobbyists and recommended that
the legislature should “limit the prlvll
eges to the lobbyist to open oral argu
ments or public print and that a suit
able penalty be provided for the punish
ment of offenders
The attention of the legislature was
next Called to the book trust and the
secret employment of residents of the
wtate connected with school work or
other public work of the state In the
interests of the combine and recom-
mended suitable punishment for all of'
' fenders
In regard to territorial accounts the
governor said:
I ask that by proper enactment you
authorize the Governor to employ such
attorneys or accountants as may be nee
Msary to audit the Territorial accounts
of Oklahoma Territory In all departments
up to the date of their surrendering their
several departments to the State officers
to the end that all public accounts may
have an accurate and approved basts for
their beginning and to authorize the ex-
penditure of public funds necessary for
this purpose
Referring to the transfer of cases
from the state to the federal courts the
governor dealt the corporations this
blow: i
Referring to the provision of the Fed-
eral law that a citizen of another State
(natural or artificial) may In an action
by or against a citizen of this State
either by original filing or by subsequent
removal avoid the courts of this State
and have his case tried In the Federal
courts in case the amount involved be
more than two thousand dollars there
are many instances in which I consider
this Is unfair to the people of our State
and gives a special privilege to the non-
citizen greater I believe than Congress
intended they should have and I also
believe Congress in its wisdom contem-
plated that the states might regulate
this in certain cases For - example the
foreign corporation which practically
domiciles Itself in our State by setting
up Its agency obtaining a certificate au-
thorising it do busin'ess within our State
and constantly dealing with our citizens
It is my opinion that such corporations
should be required to submit differences
with our citizens to the courts of the
State While I do not reflect upon the
Federal courts as an inadequate oppor-
tunity for securing justice the limited
number of Federal courts makeslt nec-
essary for many of our people to Incur
the expense and loss of time traveling
great distances and waiting for their
day of trial in a crowded forum instead
of being permitted to enjoy the conven-
ience of a court in a county where they
reside and where the cause of action
arose
I find that many foreign corporations
have taken their charters from distant
states in order to enjoy just such spe-
cial privileges I also find that they
avail themselves often of the special
privilege of carrying causes to the Fed-
eral courts as a means of inducing unfair
settlement
I believe that these corporations which
come Into our State to do business and
obtain a State license for that purpose
are to be welcomed by us as a part of
the business Interests of the State and
that they Bhould have just protection and
' an opportunity to secure justice In our
State courts but I do not believe that
they should enjoy this special privilege
which while a favor to them Is a hard-
ship upon our citizens
Therefore believing that Congress
intended that states might provide reas-
onable limitation upon the general pro-
visions I recommend that such removal
of causes from the State to the Federal
courts by foreign corporations shall
work a revocation of their license to do
business within the State
The governor believes the present
banking laws should be supplemented or
amended to Include the following pro-
visions and the existing laws in con-
flict therewith should be repealed:
I suggest that tne Bank Commis-
sioner's compensation be fixed at not to
exceed dollars per year
The Bank Commissioner to appoint all
necessary assistants examiners and
other necessary employes and fix their
compensation all subject to the approv-
al of the State Banking board
Protection of Depositors
The State Banking board within thirty
flays after the passage and approval
of the necessary legislation be author-
ized and required to levy an assessment
upon each and every bank subject to
the previsions of the banking laws of
this State equivalent to one per cent of
the deposits ef such bank Said assess-
ment to be collected by the Bank Com-
missioner In such - Installments and at
uch times as the State Banking board
tnay direct
The ameunt so collected to constitute
reserve fund to be known aa the De-as
Th appointment of J R Cottingham of
Guthrie to be state solicitor for the At-
chison Topeka A Santa Fe railroad com-
pany in place of Henry E Asp resign-
ed marks a departure In the policy of
the Santa Fe In Oklahoma Mr Cotting-
bam Is said to have accepted his em-
ployment upon the absolute assurance
that his duties would In no way require
bis attendance upon the legislature un-
less he might be required properly to
appear before a regular committee Mr
Cottingham will divorce the position of
solicitor from personal polities The po-
sition was tendered to Mr Cottlrgham
arly last October shortly after Mr Asp
bad notified tho company that be would
posltors' Guaranty Fund for tho protec
tlon of bnnk depositors In such of said
banka us may thereafter become Insol
vent
Said fund so collected uhould
E properly safeguarded and held or depos
Itod subject to the order of the State
Banking board for the purpose afore
said And said fund together with the
Interest or other Income thereon less
the expense Incurred by tho Htato In ad
ministering the provisions of this sec
tlon should bo and remain a fund for
tho aforesaid purpose of protecting nnd
paying the depositors of any such bunk
that may become Insolvent or unable to
pay Its depositors
After the collection of said one per
cent and for the purpose of maintain
Ing said Depositors' Guaranty Fund at
Bum equal to said original collection of
one por cent after the liquidation of tho
liabilities to depositors of any default
Ing bank said State Banking board
shall be authorized and required from
time to time to levy nnd collect such
additional assessments as may be neces'
sary to maintain said fund unimpaired
so that the same shall at all times be
equal to one per cent of the total de
posits In all banks which may be en
titled to tho benefit of suld fund
In the event of the payment out of
said fund to the depositors of any de
faulting or Insolvent bank ' the State
shall have a first Hen for the benefit
of said Depositors' Guaranty Fund to
the extent of such payment upon all
the assets of said bank all statutory 11a
billtles of stockholders and directors of
Insolvent banks may likewise be en-
forced by the State for tho benefit of
said fund
The provisions of this section shall
apply to nil banks organized or exist
Ing under the laws of this State and
to National banks which may voluntar
11 y apply In writing to and be approved
by said Banking board for the benefit of
their depositors of the provisions of this
section and contract to pay such assess-
ments for the purposes aforesaid as may
be levied upon them under the provis-
ions hereof
Provided however that wherein any
of the provisions of the banking laws
of this State as to examination reserve
fund liquidation or other provisions
shall conflict with the laws of the United
States as to National banks that In
such cose the National banks shall be
deemed to have complied with the pro
visions of the laws of this State upon
their compliance with the laws of the
United States
Banks organized after the passage and
approval of this law should be required
to pay Into the Depositors' Guaranty
Fund one per cent of their paid up cap
Ital provided however that such pay-
ment should not be required of new
banks organized by the consolidation or
reorganization of existing banks which
have previously complied with this law
The Bank Commissioner Bhould de-
liver to each bank that has complied
with the provisions of this section a cer-
tificate in writing containing the name
of said bank and certifying that It has
compiled with the provisions of the laws
of this state for the protection of bank
depositors which certificates shall 'be
kept by said bank displayed In a public
place in its banking room
Bank Officers and Dlrectons
Any director or other officer of any
bank may be removable front office for
incompetency dishonesty or violation
of the banking laws of this state on
recommendation of the Bank Commis-
sioner approved by the State Banking
board
The loaning of funds of a bank t any
stockholder director or other officer
In excess of the limit authorized by law
should constitute a crime under the laws
of this State on the part of the borrower
and of the officer authorizing the loan
and be punishable au In case of larceny
of a like amount
Directors’ Qualifications and Liability
No person should be qualified to act
as director of any bank in this State
unless he Is the bona fide owner of at
least five hundred dollars par value of
fully paid stock of such bank and the
directors’ liability should be the- same
as that of directors of National banks
Inspections
I recommend at least two Inspections
each year instead of one
Cash Reserve
The reserve required under the pres-
ent law I recommend should be in-
creased in all cases where the deposits
exceed double the amount of cash capi-
tal and surplus of the bank That this
increase should be an additional ten per
cent on all such excess of deposits
Reserve Agents
No deposit of any bank operating un
der the laws of this State should bi
counted as reserve unless held by a re'
serve agency approved by the Bank
Commissioner and State Banking Board
Emergency
In view of the abnormal conditions
existing I recommend that an emer-
gency be declared requiring this act to
become effective immediately upon its
passage and approval
Revenue and Taxation
The conditions as to the levying and
collecting of taxes throughout the State
are peculiar and will require legisla-
tion to place them upon a uniform and
equitable basts particularly the State
levy It appears that there may be in-
justice In the collection of a State levy
from the taxpayers in the portion of said
State formerly known as Oklahoma Ter-
ritory there being no provision for a
simultaneous collection in the remaining
portion of the State likewise to provide
for a State levy In the Indian Territory
part of the new State upon a valuation
at the full ' market value of property as
required by the Constitution would be
unjust upon that portion of the State In
order to avoid injustice to any part of
the State and in case it is found that
thes? above conditions would be an in-
justice upon the people of either por-
tion of the State I recommend legisla-
tion providing for the early valuation fc
tax purposes of all taxable property
throughout the State to the end that
each and every part of the State may be
under the same valuation and at the
same time be called upon for the pay-
ment of State taxes and in taxing prop-
erty I especially call your attention to
the provision of the Constitution which
authorizes the levy of a tax on incomes
franchises production and inheritances
I recommend that all incomes in excess
of three thousand dollars per year be
taxed that all Inheritances in excess of
ten thousand dollars be taxed and that
all franchises and productions be taxed
all such taxes to be at a fair and equit-
able rate particularly to the end that
all classes of property sources of bene-
fit and Incomes may bear their just pro-
portion of the expenses ef the govern-
ment and that this legislation be classed
emergency and remind you that ex-
resign Mr Asp will retire to his farm
near Guthrie where be will try to re-
cuperate his health
Fearing that the floors might be too
weak the state legislature senate shift-
ed Its quarters from the Elks' club rooms
at Guthrie to the lone hotel and may
not even lodge there permanently Every
thing was going smoothly for the quar-
ters at the lone until William H Mu-ray
arrived on the scene from Tishomingo
The marble floors etc of the lone look-
ed too aristocratic for the alfalfa raiser
and he straightway began saying that
the quarters offered entirely too much se-
crecy for legislative purposes that sena
- press companies should be made tax puy-
I recommend that a proper emergency
act be passed wlipro the Constitution
does not already cover tho subjoct au-
thorizing purchase by the Stato from any
available fund of State County or dis-
trict bonds or warrants to such extent
ps may be necessary to enable tho con-
ducting of public business on a rash
busts until tax collections may enuble
the conduct of business without doing :t
miscellaneous warrant business and the
debts contracted prior to the organlza
tlon of new counties townships or
school districts shall not be afterward
ratified or paid except upon examina-
tion and approval by the District court
Tax Limitation and Valuations
I eurneetly call your attention to the
provision of the Constitution requir-
ing all property to be valued at its mar-
ket value This I believe to be the only
way to Insure the large properties of the
State paying their fair share of taxes
as compared with smaller properties and
the provision limiting the rate of taxa-
tion being adhered to in my judgment
insures the development and upbuilding
of the homes of the State and guards
against the reckless expenditure of tax
money where an unlimited amount of
taxes might be nssessed and tho wel-
fare of our Stato depends moro upon
comfortable homes than upon extrava-
gant public buildings
eRch case under the laws of this Stato
where bond gunranty or Indemnity Is
required I
Employing Relatives
I recommend the pnssage of a law pro-
viding that no public officer shall be per-
mitted to appoint or In any way employ
at the expense of the public any jmem-
ber of his family j
Initiative and Referendum
Referring to the provision of the Con-
stitution on the subject of Initiative
and Referendum I earnestly request
that the legislature immediately make
suitable provision for cnrrylng the same
Into effect I
Pardons Paroles and Reprieves
The Governor has granted no pardons
paroles or reprieves
Board of Arbitration and Conciliation
I recommend to the legislature the cre-
ation of a Board of Arbitration and Con-
ciliation authorized by Section 21 lrtlcle
6 of the Constitution and also ft free
State employment bureau and thej regu-
lation of private emuloyment agencies
Mine and Factory Inspection
I recommend the Immediate passage of
laws carrying Section 26 Article 6 of
the Constitution Into effect and thit this
be classed as emergency legislation
Education
I recommend Immediate emergency
legislation carrying Into effect th$ pro-
Isions of the Constitution providing for
separate schools for children of African
descent I recommend that Section 7
Article 13 of the Constitution providing
for the teaching of agriculture (horti-
culture stock feeding and the domes-
tic sciences In the common schools of
the State be enacted I
I recommehd a spirit ofliberajty In
promoting and sustaining all public
schools and higher educational Institu-
tions The Races
I recommend the Immediate passage by
emergency act of laws providing ff sep-
arate railroad coaches and waiting (rooms
for persons of African descent an) that
the same be of equal comfort an con-
venience with the coaches and waiting
rooms provided for other passengtrs
Public Roads t
I recommend that an Immediate pro-
vision be made employing the convict
labor of the State upon the construction
of public highways and other public
works within the State and that legisla-
tion authorized In Article 16 of the Con-
stitution be passed for the purpose of
enabling the general Improvement of
public roads throughout the State
Firemen
Section 4J Article 5 of the Consti-
tution authorizes cities to pension their
aged and disabled Worthy firemen sub-
ject to enactment of proper laws by the
legislature I earnestly recommend that
this provision be given Its Intended effect
Labor
I recommend the enactment of the leg-
islation provided for In the Constitution
for the protection of health life and
privileges of the laboring class and the
limiting of the maximum of hours of ser-
vice upon railroad trains examination
and qualifications of engineers conduc-
tors and dispatchers that the-safety of
the employes and passengers may be bet-
ter assured
Public Institutions
I recommend that the State University
at Norman the Normal schools at Alva
Weatherford and Edmond the Prepara-
tory School at Tonkawa and the Agri-
cultural and Mechanical college at Still-
water be declared to be permanent State
Institutions of the character named and
that the legislature provide for such ad-
ditional educational institutions of like
character In other parts of the State as
immediate necessity may demand
The legal status of the colored Agri-
cultural and Normal school at Langston
is now under consideration and hence I
defer suggestion as to that institution
Subdivided Counties
I recommend that immediate emer-
gency legislation be passed providing for
the equitable division of assets and lia-
bilities of all counties wherein there has
been subdivision as they existed under
Territorial government In the former Ter-
ritory of Oklahoma
Prosecutions by Information
All attorneys for the State and coun-
ty attorneys being empowered to present
crimlnalcharges by information and I cre-
ommend the adoption of proper laws re-
quiring witnesses to appear before such
attorneys and give evidence as to crim-
inal offenses concerning which subject
the attorney may require knowledge pre-
liminary to the filing of such informa-
tion State Printing
In order to protect the State and all
Its counties and other subdivisions from
extravagant demands and prices I be-
lieve In the absence of an opportunity
to make safe and fair contract for the
benefit of the whole State and its va-
slous subdivisions that It will be best for
State to erect maintain and operate' a
State printing plant which shall supply
the blank books school books court re-
ports legislative printing reports laws
and other necessary public work and to
further advise us all upon this subject 1
recommend that the legislature care-
fully look into the question and pass such
laws as shall insure economic use of such
books and supplies and their production
to the State and its counties and other
subdivisions at a reasonable price
tors could be wined and dined without
anybody knowing anything about it and
that there was danger of considerable ob-
structive legislation In the senate that
might not be applauded by the constit-
uents In the black Jacks
The first city In Oklahoma to sup-
plement the constitution prohibition
law with a city ordinance is Hobart
Tne city council passed an nrdln in-e
making It unlawful to ship into Hobart
or to buy sell or give away or in any
mariei dispose of intoxicating 'Kicors
with'r the city llia'ts subject to a Inc
cf fiom II to 1100 for violation of
the ordinance
MESSAGE SENT
TO CONGRESI
President’s Recommei
dations on National
Legislation
AS TO CURRENCY QUEST!
Many Defects of Present Sysj
Are Pointed Out by Chief
Executive
NOT TIME FOR TARBF
Postponement of Discussion of
vision of Schedules Until
Presidential Election Urged— fe
ceqslty for Improving Waterwajof
the Country
Washington Dec 3-Presldent Rfse
Veit In his annual message deals vfior-
ously with matters of national lnlor-
tance Referring to the recent dlsfrb-
ance In financial circles he polntslout
that the hoarding of money by theieo-
ple Instead of keeping It in sound biks
was the first cause of financial strinicy
and a grave error Ho pays a trlbul to
the general honesty of the men enpfeed
in tho banking business
After quotations from his last ailual
message which dealt with the necJfity
of governmental regulations the jlesl-
dent asserts that his views have 3 no
way changed and declares It is tholuty
of the national government to enfiody
in action the principles he then exprJsed
Disclaiming any idea of advocatlngfcen-
trallzatlon the president Insists upo the
necessity for federal control of theVail-
roads of the country through the fcter-
state commerce commission and I also
urges legislation looking to the doper
control of the great business concerts en-
gaged In Interstate business this control
to be exercised for their own beneflf and
prosperity no less than for the protection
of Investors and of the general pub 1c
Want Federal Control
Declaring that modern industrial con-
ditions are' Buch that combination 1 1 not
only necessary but Inevitable the (resi-
dent refers to his message of a yea 1 ago
concerning necessary changes in the
antitrust laws He goes on: "I ask for
full power to be given the federal
government because no single j state
can by legislation effectually I cope
with these powerful corporations en-
gaged In interstate commerce and while
doing them full Justice exact from them
In return full justice to others Th con-
ditions of railroad activity the condi-
tions of our Immense interstate com-
merce are such as to make the central
government alone competent to exercise
full supervision and control
“The antitrust law should be made both
more efficient and more In harmony with
actual conditions It should be so amend-
ed as to forbid only the kind of combina-
tion which does barm to the general pub-
lic Buch amendment to be accompanied
by or to be an Incident of a grant of su-
pervisory power to the government over
these big corporations engaged In Inter-
state business ' This should be accom-
panied by provision for the compulsory
publication of accounts and the subjec-
tion of books and papers to the Inspec-
tion of the government officials A be-
ginning has already been made for such
supervision by the establishment of the
bureau of corporations
“Among the points to be aimed at
should be the prohibition of unhealthy
competition such as by rendering service
at an actual loss for the purpose of crush-
ing out competition the prevention of In-
flation of capital and the prohibition of
a corporation’s making exclusive trade
with itself a condition of having any
trade with Itself Reasonable agreements
between or combinations of corporations
Bhould be permitted provided they are
first submitted to and approved by some
appropriate government body
Like National Bank Supervision
“The congress has the power to charter
corporations to engage In interstate and
foreign commerce and a general law can
be enacted unddr the provisions of which
existing corporations could take out fed-
eral charters and new federal corpora-
tions could be created An essential pro-
vision of such a law should be a method
of predetermining by some federal board
or commission whether the applicant for
a federal charter was an association or
combination within the restrictions of the
federal law The supervision established
might be analogous to that now exercised
over national banks At least the anti-
trust act should be supplemented by spe-
cific prohibitions of the methods which ex-
perience has shown have been of most
service In enabling monopolistic combina-
tions to crush out competition The real
owners of a corporation should be com-
pelled to do business In their own name
The right to hold stock in other corpora-
tions should hereafter be denied to inter-
state corporations unless on approval by
the proper government officials and a
prerequisite to such approval should be
the listing with the government of all
owners and stockholders both by the
corporation owning such stock and by
the corporation in which such stock is
owned”
The Currency Question
On the question of the currency the
president calls attention to his last an-
nual message wherein he pointed out
that our present system Is defective and
showing the need of a change In that
message he said:
“National banks should be permitted to
Issue a specified propbrtlon of their cap-
ital In notes of a given kind the issue to
be taxed at so high a rate as to drive the
notes back when not wanted In legiti-
mate trade This plan would not per-
mit the Issue of currency to give banks
additional profits but to meet the emer-
gency presented by times ef stringency
I do not say that this Is the right sys-
tem I only advance It to emphasize
my belief that there is need for the adop-
tion of some system which shall be au-
tomatic and open to all sound banks
so as to avoid all possibility of discrim-
ination and favoritism Such a plan
would tend to prevent the spasms of high
money and speculation which now ob-
tain in the New Tork market for at
present there Is too much currency at
certain seasons of the year and Its ac-
cumulation at New Tork tempts bankers
to lend it at low rates for speculative
purposes whereas at other times when
the crops are being moved there Is ur-
gent need for a large but temporary In-
crease In the currency supply It must
never be forgotten that this question
concerns business men generally quite
as much as bankers: especially Is this
true of stockmen farmers and business
men In the west: for at present at certain
seasons of the year the difference In in-
terest rates between the east and west
Is from six to ten per cent whereas in
Canada tho corresponding difference Is
but two por cent Any plan must of
course guard the Interests of western
and southern bankers as carefully as It
guards the Interests of New York or
Chicago bankers and must bn drawn
from tho standpoints of tho farmer and
the merchant no less than from the
standpoints of the city banker and the
country banker”
Repeats Recommendation
The president continues:
“I again urge on the congress the
need of Immediate attention to this
matter We seed a greater elasticity
in our currency provided of courso
that we recognize the even greater
need of a safe and secure currency
There must always be the most rigid
examination by the national authori-
ties Provision should be made for an
emergency currency The emergency
issue should of course be made with
an effective guaranty end upon condi-
tions carefully prescribed by the gov-
ernment Suet emergency Issue must
be based on tdequate securities ap-
proved by the! government and must
be issued undir a heavy tax This
would permit I currency being Issued
when the demand for It was urgent
while securing Its retirement as the
demand fell off It Is worth Investi-
gating to determine whether officers
and directors of national banks should
ever be allowed to loan to themeelvee
Trust companies should be subject to
the same supervision as banks legisla-
tion to this effect should be enacted for
the District of Columbia and the terri-
tories” )
Not Time for Tariff Discussion
On the subject of the tariff the presi-
dent declares hlmselll In favor of post-
poning all consideration of the ques-
tion until after the presidential elec-
tion He says f
“This country Is definitely committed
to the protective system and any effort
to uproot it could no but cause wider
spread Industrial disaster In other
wordB the principle ol the present tar-
iff law could not with wisdom be
changed But in a lountry of such
phenomenal growth aslours it is prob-
ably well that every dlzen years or so
the tariff laws should be carefully
scrutinized so as to e that no ex-
cessive or improper bi neflts are con-
ferred thereby that pr per revenue Is
provided and that our orelgn trade Is
encouraged There mu t always be as
a minimum a tariff whi h will not only
allow for the collectk i of an ample
revenue but which wll at least make
good the difference In :ost of produc-
tion here and abroad hat Is the dif-
ference In the labor c st here and
abroad for the well-bei g of the wage-
worker must ever be a) cardinal point
of American policy Thl sole consider-
ation should be to seel that the sum
total of changes -represent the public
good This means that ie subject can
not with wisdom be dea t with In the
year preceding a presld ntlal election
because as a matter of : ict experience
has conclusively shown hat at such a
time It Is Impossible t get men to
treat It from the ston point of the
public good In my judgnent the wise
time to deal with the ma ter is immedi-
ately after such electloi ”
Income and Inherit nee Tax
There has been no t mnge In the
mind of the president c incerning the
advisability of an Inconn i tax and an
Inheritance tax In thi message he
says
“When our tax taws arj revised the
question of an income tax and an in-
heritance tax should receive the care-
ful attention of our legislators In my
judgment both of these taxes should be
part of our system of federal taxation
1 speak diffidently about the income tax
because one scheme for an Income tax
was declared unconstitutional by the
supretfte court while In addition It Is
a difficult tax to administer In its prac-
tical working Nevertheless a grad-
uated income tax of the proper type
would be a desirable feature of federal
taxation and it Is to be hoped that one
may be devised which the supreme
court will declare constitutional Thei
inheritance tax -however Is both a far
better method of taxation and far more
Important for the purpose of having
the fortunes of the country bear In
proportion to their Increase in size a
corresponding increase and burden of
taxation The government has the ab-
solute right to decide as to the terms
upon which a man shall receive the be-
quest or devise from another and this
point in the devolution of property Is
especially appropriate for the imposi-
tion of a tax” -
Dae Enforcement of Law
On the matter of the impartial en-
forcement of the laws the message
says:
“A few years ago there was loud
complaint that the law could not be In-
voked against wealthy offenders There
Is no such complaint now The course
of the department of justice during the
last few years has been such as to
make It evident that no man stands
above the law that no corporation is
so wealthy that It cannot be held to
account 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 juries has been done But
the laws themselves need strengthen-
ing in more than one important point
they should be made more definite so
that no honest man can be led unwit-
tingly to break them and so that the
real wrongdoer can be readily punished
“The two great evils in the execution
of our criminal laws to-day are senti-
mentally and technically For the lat-
ter the remedy must come from the
hands of the legislatures the courts
and the lawyers The other must de-
pend for lts cure upon the gradual
growth of a sound public opinion which
shall Insist that regard 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 publio discontent with the
criminal law will continue”
Vac of Injunctions
Referring to the question of the use and
abuse of injunctions the president de-
clares "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 Muoh of the attack
on tho use of the process of Injunction Is
wholly without warrant but I am con-
strained to express the belief that for
some of It there Is warrant This ques-
tion Is becoming more and more of prime
Importance and unless the courts will
themselves deal with It In effective man-
ner It- Is certain ultimately to demand
some sort ef legislative action I earnest-
ly commend to the attention of the con-
gress this matter so that some way may
be devised which will limit the abuse of
Injunctions and protect those rights which
from time to time It unwarrantably in-
vades" '
Among the recommendations made In
the message are for federal Inspection of
railroads the establishment of an em-
ployers' liability act and for the exten-
sion of the present eight-hour law by the
government
la Industrial Disputes
The president favors compulsory In-
vestigation by the national government
of Industrial disputes saying:
"Strikes and lockouts with their at-
tendant loss and suffering continue to
Increase For the five years ending De-
cember 31 1905 the number of strikes
was greater than those la any previous
ten year amt was double ths number
In tho preceding five years These fig
ures Indicate (he Increasing need of
providing some machinery to deal with
this class of disturbances In the inter-
est alike of the employer the employe
and the general public I renew my
previous rocommendutlon that the con-
gress favorably consider the matter of
creating the machinery for compulsory
Investigation of such Industrial contro-
versies as are of sufficient magnitude
and of sufficient concern to the people
of the country as a whole to warrant
the federal government In taking action”
The recent strike of the telegraphers lz
died as an Instance where such power
might profitably have been used
Child Labor BvIL
The necessity 6f checking the evil of
child labor Is pointed out with much di-
rectness On the relation between capital
and labor the president asserts that pub-
lic opinion must be aroused In condemna-
tion of evil practices on both sides Tho
work of the department of agriculture la
given high praise and the Importance of
the department pointed out Cooperation
with farmers’ associations 1s urged Th
necessity of a national system of Inspec-
tion and grading of grain to correot evllfi
complained of Is also pointed out
National Water Highways
Showing tho necessity for tho develop-
ment of the national water highways tho
message says: “Our great river systems
should be developed as national water
highways the Mississippi with Its trib-
utaries standing first In Importance and
the Columbia second although there are
many others of Importance on the Paclflo
the Atlantic and the gulf slopes The na-
tional government should undertake this
work and I hope a beginning will be
made In the present congress and tho
greatest of all our rivers the Mississippi
should receive especial attention From
the great lakes to the mouth of the Mis-
sissippi there should be a deep waterway
with deep waterways leading from It to
the east and west Such a waterway
would practically mean the extension of
our coast line Into the very heart of our
country It would be of Incalculable ben-
efit to our people
"As an Incident to creating the deep
waterway down the Mississippi the gov-
ernment should build along Its whole
lower length levees which taken to-
gether with tho control of the head-
waters will at once and forever put a
complete stop to all threat of ’ floods In
the Immensely fertile Delta region Tho
territory lying adjacent 'to the Missis-
sippi along its lower course will there-
by become one of the most prosperous
and populous as It already Is one of
the most fertile farming regions In all
the world”
Public Lands
Extension of the work of Irrigation and
the reclamation of waste lands is advo-
cated together with a revision of tho
present land laws In the Interest of tho
actual home-maker The unlawful fenc-
ing of public lands for private grazing
the president says must be stopped but
at the same time the necessity which oc-
casioned It must be provided for Several
plans are recommended
Conservatism of the mineral wealth of
the country and the necessity for tho
preservation of the forests to prevent a
timber famine are dwelt upon Drastlo
action by the congress Is urged
Would Repeal Doty on Wood Pnlp
The president declares in favor of tho
repeal of tho duty on wood pulp at tho
same time declaring that It should If
possible be accompanied by an agreement
with Canada that there should be no ex-
port duty on Canadian pulp wood
That the government should own and
lease mineral and oil lands Is the bellet
of the president
Work on the Panama canal Is declared
to be proceeding in a satisfactory man-
ner and figures given to substantiate the
statement
1 For Postal Savings Banks
On 1 the questions of postal savings
banks and the establishment of a parcels
post system the message says:
"I commend to the favorable considera-
tion of the congress a postal savings
bank system as recommended by the
postmaster general
"I further commend to the congress the
consideration of the postmaster general’s
recommendation for an extension of the
parcel post especially on the rural
routes These recommendations have
been drawn up to benefit the farmer and
the country storekeeper otherwise I
should not favor them for I believe that
It Is good policy for our government to do
everything possible to aid the small town
and the country district It Is desirable
that the country merchant should not be
crushed out"
Some form of local self-government
for Alaska Is asked of the congress
and that the rights of citizenship be
conferred upon the people of Porto
Rico
Campaign Contributions
The president says: "It Is well to
provide that corporations shall not con-
tribute to presidential or national cam-
paigns and furthermore to provide for
the publlctalon of both contributions
and expenditures The need for col-
lecting large campaign funds would
vanish if congress provided an appro-
priation for the proper and legitimate
expenses of each of tlie great national
parties an appropriation ample enough
to meet the necessity for thorough or-
ganization and machinery which re-
quires a large expenditure of money
Then the stipulation should be mads
that no party receiving campaign funds
from the treasury should accept moro
than a fixed amount from any Indi-
vidual subscriber or donor: and tho
necessary publicity for receipts and ex-
penditures could without difficulty bo
provided"
The extension of the Ocean Mall act
of 1891 is recommended as an aid to
American shipping A subsidy for
Pacific steamers the president thinks
is necessary
That the army In the past has been
niggardly provided for ‘and should bo
more generously dealt with is dwelt
upon at length together with recom-
mendations for future legislation
Yearly additions to the navy aro
recommended and in the president's
Judgment the country should build four
battleships this year
Reason for Pacific Cralse
Concerning the dispatch of the fleet
to the Pacffla the president believes It
should be shifted between the two
oceans every year or two as a means of
teaching officers and men how to bandlo
the vessels In a time of war
Although the results of The Hague
conference are declared not to have
been up to expectations a degree of
good Is said to have resulted notably a
provision by which the powers taking
part in the conference agreed not to
have recourse to armed force for the
collection of debts owed to their citi-
zens by foreign countries
The expectation of the government
is declared to be to turn ever Cuba to
a government chosen by the people of
the Island within the coming year
German Tariff Agree meat
Concerning the tariff agreement en-
tered into with Germany Its object la
declared to have been the prevention of
a tariff war between the United State
and that country The work of the
commission which made the agreement
Is praised
The president asks for authority to
remit to China nil Indemnity In excess
of the sum of 31165549269 and Inter-
est at four per cent
In conclusion the message congratu-
lates the country on Its present cor-
dial relations with all countries par-
ticularly the sister republics to the
south
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The State Journal. (Cherokee, Okla.), Vol. 1, No. 31, Ed. 1 Friday, December 6, 1907, newspaper, December 6, 1907; Cherokee, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc1977832/m1/2/: accessed July 17, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.