The Portland daily press., 1900-06-02

states in dealing with this question, even
If they should unanimously agree.
THE RIGHT OF MAN TO USE HIS
FACULTIES IN LAWFUL WAYS.
In a decision Of Judge Swayne. of the
FEDERAL court, in annulling the Texas
anti trust law in 1897, in discussing the
relation of the fourteenth amendment to
the question of state control Of trusts, he
says:
The right of liberty embraces the right
of man to exercise his fac ulties and fol-
how any lawful avocation for the support
Of life.
Liberty, In Its broad sense, as under
stood in this country, means the right
not only of freedom from seryitude, i'm
prisonment, or restraint, but the right
Of one to use his faculties In all lawful
ways, to live and work where he will, to
earn his livelihood In any lawful calling,
and to pursue any lawful trade or avo-
cation. The right to combine to
form partnerships and joint stock associa
tions, the right to agree as to prices and
production, the right to NIX prices, to
raise and lower them as business may
require, Is not oppressive to the public
nor unjust to the individual nor con-
trary to public policy. 1t Is an essential
Of which no Legislature can deprive him.
Tin re Grice, 10 Fed. Rep, 6s7
Tiedman, in his work ON Limitation OF
| olice Power, says:
Combinations are beneficial as wen as
injurious according to the motives and
aims with which they are formed. 1t Is
| there fore, impossible to prohibit all COM
| binations The prohibition must rest
upon the objectionable character OF the
object Of combination.
.&t kE.w. "a thsa
| fact Of combination, but upon the object
| of combination.
The question, then, Is whether acts
done lawfully ON q small scale may be
Objectionable and against public policy
when done upon large scale.
Whether what A and b may lawfully
do In q small way may become illegal
when done in a large way.
Whether a series of lawful acts tending
| to an object which. by the very magni-
tude Of 1t, may be prejudicial TO pubiic
| interests may be declared unlawful.
| And finally, whether combination for
the control of IA prime necessity OF
| life or % staple commodity" thereby an
/ nj hilating competition and limiting pro-
duction, is an object 'prejudicial to pub
| lie interests and therefore unlawful.
This, then is the conclusion of the
| whole matter:
| 1. The states cannot control because
| of lack of unanimity.
| 2. The federal government can not
| contr oil by interference with matters
which belong to state control under pres
ent law.
Q. Therefore, inasmuch as trade con-
stantly flows beyond state boundaries,
there ought to be federal law for the
control OF industrial corporations, whicn
can follow and regulate them always ana
everywhere.
10 this end an amendment to the fed
eral constitution Is necessary.
RESTRAINT SHOULD BE FOR
| GROWTH, NOT REPRESSION.
This is not a subject to be discussed In
blind hostility or Partially.
Regulation and control by government
must not he construed to mean restraint
of progress.
In its preventive police 1t ought to be
sparing of its efforts, and to employ
means rather few, unfrequent, and
strong than many and frequent Burke
There is such a thing as governing toe
much.
Progress Is constant evolution, con-
slant conflict, and rarely means more
than surplus of advantages over evils.
American pride was never better found
ed than now.
The United States today Is foremost
among the living, advancing powers OF
the world, 1.-THE heir of all the ages In
the foremost files OF time.
1t is the best national illustration OF
all time of what human liberty group
ing itself under the heads Of statesman
: ship, art, invention, capital, and laboi
can do.
4 Iron ore is worth in the ground perhap:
40 cents q ton.
The locomotive standing looking down
the long track that finally spans con-
tinent Is worth in dollars twenty thous
| and, but it's benefits to civilization ART
fncalcuIable, and the difference between
the slumbering ore and the marvellous
mechanism ON the track is invention,
, labor, and capital Here invention, labol
and capital stand.typiied and illustrated
and when they pull together the freight
, of the world moves, and when they ds
, not there Is an explosion.
! But the greatest .gains OF nations car
not be presented In the form Of q balance
sheet.
Every man-made material thing mus
> first take shape In the human brain.
The necessities Of widening business
: inspire the dreams Of inventors ON
thing accomplished, suggests Ianothe
' thing to be done or overcome.
The quality OF the human brain, whicl
means the quality of the manhood and
womanhood Of q nation. determines tn
J quality Of the nation.