The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-08-29
OF The LAW.
Meeting Of the Amer
lean Bar Association
at Buffalo.
EXPANSION AND TRUSTS.
Manderson's Address on the
Philippines and Keasbey's
on Corporations.

Buffalo, N. Y, Aug. 2S.-Judges,
statesmen and lawyers of national
prominence, composing the American
Bar Association, met in the aldermanic
chamber of the common council of Buff
falo today and were welcomed to the
city by Sherman S. Rodgers of the local
bar association, and by Walter S. Lo-
gan of the State Bar Association.
Hon. Charles F. Henderson of Oma-
ha, Neb., the acting president, deliv-
cred the annual address. In the course
of his remarks he touched upon the
trouble in the Philippines and spoke
thus
THE gathering of the grain from the
bloody fields of war has been had, but
what the harvest may be is as yet an
unsolved problem.
With the Philippine islands in armed
resistance to the exercise of powers le-
ultimately ours and the performance of
duties irresistibly devolving upon us,
the situation is intensified. Much dis
pute is there as to what are these pow
ers and what these duties. Many of
the arguments are more hysterical than
logical, and are based upon theories ut
terly subversive of the fundamental
principles of the law of nations, and
practically destructive of the law maxi
ing power
Our supreme court in 1888 recognized
the settled principle in the law and
usage Of nations, that the inhabitants
of a conquered territory change their
allegiance and their relations to their
former sovereign is dissolved Ere
quently thereafter, and particularly in
NJ
1t insisted upon the same rule holding
to the right of military occupation and
through and by that means ordaining
a provisional or temporary government
for the acquired territory
" Amongst the consequences which
would be necessarily incident to the
change of sovereignty would be the APP
pointment or control of the agents by
whom and the modes in which the gov
eminent of the occupant should be adj
ministered-this result being indispen-
sable, in order to secure those objects
for which such a government is usually
established
Our government has proceeded upon
these lines of a principle recognized and
acquiesced in by all civilized powers.
The president has issued his orders
based upon this law. While insisting
that since the cession from Spain that
our powers as military occupant are
absolute and supreme he guarantees
the protection of private rights of per-
sons and property, the administration
of justice under the organized courts
and the freedom of the people to pur-
sue their accustomed occupation.
The collection and administration of
revenue, the care of public and private
property, the restoration of commerce,
the movement of trade in it's accus-
toned channels are all provided for,
and standing in the way of an orderly,
beneficent provisional or temporary
government are insurrectionists in
arms, revolutionists in battle array, en-
| couraged in their rebellion by political
theorists who would, If they could,
adopt a policy not only Utopian, but
emasculating, one that would make the
great republic a weakling, to be flouted
at and scorned by the powers.
The plain duty that devolves upon
this country is to suppress this revolt
with firm, strong hand put down this
inSurrection, and when our sovereignty
is acknowledged and our supremacy
made manifest, with kindly guidance
| and generous aid lead these people of
the Asiatic seas to government
and insure to them domestic tranquilli-
ty, provide for their common defense
promote their general welfare and Sc
cure the blessings of liberty to them
and to their posterity' as provided in
the constitution of the United States.
IF a separate autonomy can be safe
ly had for these islands, and 1 sincere
ly hope it may be, we can surely trust
the congress that it will be granted
If with Hawaii and Porto Rico they
are to become dependencies, colonies or
territorial possessions we can safely
rest upon the wisdom of a people that
in the past, has wrestled with far more
difficult problems, taken with safety
territory more vast, and, under then
existing conditions, more remote, assim-
Hated populations most distinctly for
eign rid itself of the fearful incubus
of domestic slavery and quelling an in
surrection greater than any that his
tory records, restored a dismembered
Union and rejoined disunited states
with a bond of cement so strong that
the paradox came that disunion meant
more perfect union, and secession
meant accession.
In Cuba we are pledged to the res
toration of complete tranquility and
the inauguration of a stable home gov
eminent. The impositions and horrors
of Spanish rule will, under the guiding
care of this country, be replaced by q
just and humane government created
| and maintained by the people of that
fair island of the Antilles. If she shall
come to us in the future, it will be of
her own volition and on such terms as
treaty of annexation may impose.
THE questions that arise as to all
these possessions, whether they are a
present fact or in expectancy, are those
of law rather than politics. The law
yer, not the politician, must write the
compact that shall unite these distant
parts. There will be work enough for
| ~ faff g
fine itself to the elucidation of the
knotty problems that the expansion
that has already expanded has brought
to us.
Relative to trusts and legislation af-
fecting them, Mr. Henderson said:
THAT evils exist that need legislative
correction, cannot be gainsaid. Over
or fictitious capitalization, monopolstic
tendencies leading to the destruction of
fair competition the decrease of pro-
ducing cost with advance of the price
to the consumer, are wrongs demanding
a remedy; but the corrective cannot be
safely applied when unreasoning de-
nunciation, furious hostility and desire
for partisan gain rule the legislative
mind, and trucking to popular cutlery
sways the judicial decision.
Nearly all the states have what are
termed antitrust laws and in them
the term trust has received much en-
larged definition. We recall when the
term signified an organization by which
the control Of several corporations was
vested, by transfer of stock or other
wise, in a central committee or board
of trustees who controlled or suspended
the work Of any of the corporations at
pleasure, and could thus regulate pro-
duction and defeat competition, thus
controlling the prices of the necessaries
and conveniences of life.
This sprrendering OF the powers Of
a corporation, by its own act, to the
control of trust was an act Of legal
hari karl and afforded ground for a for
fixture of it's charter by the state. This
penalty being invoked, many corpora :