The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-24
PRESIDENCY AND STRIKES.
Unfortunate Fate Of . Recent tHort 10
Justify President Roosevelt

To THE EDIToR or The SrN-S,r: III
opinion Of Mr.. Dos Passos. given To I'll" Nine
teenth Century Club In New York. regarding
the Official obligation of the President to IN
tervene in our Pennsylvania coal strike !.
edifying when considered in connection with
the advice which three years ago Mr.. DO.
Passos gave IN Washington on commercial
trusts. the growth and rights OF aggregated
capital and the Sherman-Hoar Anti-lrus'
law to the Industrial Commission ~"
began his advice to the club by saying WIN
perfect accuracy that.
If President Roosevelt had no oHe'"
rich, to intervene his action was pur"
piece of imp"rtinent in'erm"ddiins IN INV
private affairs of two individuals.
He then affirmed that Official duty did r"-
uuire the President To Intervene when ana rs
he did because he had sworn TO preserve.
protect and defend tho FEDERAL Constitution.
which compelled him TO take care TINT the
laws hc faithfully executed. and among
those laws was tho Shernlan-Hoar AMI
Trust law
The giSt Of the boo. OF advice which MT
DO. Passes give TO the Industrial Commission
and published was that mage 1901 the Con
,titut ION commanded the Government AT
Wnshir gton and it, President TO never N
terforc with any Of the reserved internal
AFFAIR Of the state. unless invInd unie,
,psge iO7i tho Federal GoSernmsnt has n"
right to interfere H. th" general duer'l0ho
81 rrfran kfti-Tru.t law wns very crude.
tia, il ougi ro' To have heen enacted. be,
cause IL ATTEMPTED 10 depriy" the states o.
ROVER which they alone ~hould eterc'se
thpt u wa "FnotI' UnRrc6ssdrr step toWArn
, Capitalization. that page li'l IN" ncoCs
50 much to Washington for help ~ TO en-.
danger our republican institutions. and tha,
page ~ there onfh, not to De be, any d maI'o"''
gi;lat ion re- cardinD aggregated 'arNh'
Tho reader Of that volume Of advice pub
l-hed b Mr. Do- Pa-sos is forced TO th. con
clu,ion that he ~ not think III. dranglt,mi,a oa
to agreements and combinations IKE mos
~ the affairs Of our anthtscite mines arr
in state tights that he fanciod the Anti
Trust law should bc declared ~, onIitI
nalv to our miner and orerntors making
such agreement, and conjunction. Tho, tho
Indeed be- a1TG Ty, f Isw ncHer 'n Thought
Of affecting railways by II. nor combina''on-
THROUGHOUT the volume he poured, con
| tempt,ious criticism some Of it well de-
| served upon the Antitrust law. It's Theory
and object on any ehort ny tonr re ,sed NV
| individuals. partnerships or corporations W
anv lawful business. or TO regulate oyercapi,t
trade or to enforce publicity: or to suph.eess
monoDolics not created by law nut resu'"'R
ONLY from modern wealth honestly uEm -,
Tho gi<t Of his advice to the Indus'rhl
Commission was that the common law: In'
| existing state laws and the then presen,
| juri.d lotion Of the courts could Adequately
deal with aggregated capital and ~ secrecy
| and with combined labor also. II tiiey ever
| Threatened unlawful injury to each other;
or the public He proclaimed more national
| laws quite unnecessary ..
| But his advice TO the Nineteenth century
! Club was to the contrary eject, that. becautH
| the Antitrust law was on the statute BOOK
the President was required 10 execute u and
| therefore, his interference with our miners
strike In Pennsylvanis for better wages was
| an Official" act That advice overlooked
and disre garded the tendency OF his previous
excellent advice TO the Industrial COMMITS Trh :,
| sion which was that even II the ANU lrus'
| Jaw could escape condemnation Tor uncon-
stitutionality. II was not intended TO apply
| and II did not apply. To n local strike such g.
! ours was. the actors in which did not wish
| or PURPOSE TO regulate" interstate commerce
| but only to 70 grilate wages in PENNSYLVANIA
The Interference by the President with tha'
local wage question in Pennsylvania, sub
| iect TO exclusive control by PennsyivanM
| law was not any moro an "offchl ACT, h
the sense OF the Federal ConstitutiQn. a.
Mr. Dos Passos should ace and say tnan y
| the President Interference with bears and
painters in Mississippi ,
|