The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-08-30
THE PRESIDENT AND TRUSTS.

President Roosevelt has done much dur
ing the last few days towards clearing up
the atmosphere on the trust question. His
courageous treatment of it has given the
lie, though that was hardly necessary, to
the charge that the Republican party is
ridden and controlled by trusts. 1t has also
made him the logical leader of new move
ment to bring trusts and interstate cor
porations under national control and prac-
tically assures legislation by Congress to
that end. BY placing the Republican party.
with himself as its official leader, in this
position he has completely outhanked the
Democratic party and turned its position
on a question out Of which it had great
hopes of making something by false pre-
lenses and noisy clamor. For the judi
cious handling and wise solution of the
question the people will trust the only
party that has shown the ability TO deal
with important questions.
The Presidents suggestion that the Con-
stitution might have TO be amended in or
der TO give Congress power to legislate
effectively on the question has caused some
comment, and the opinion has been ex-
pressed by good lawyers that this was not
necessary. The President did not indicate
that he thought it necessary nor did he
suggest il as a first step. On the contrary,
he recommended trying other means first
and amending the Constitution only in the
event that it should be found necessary in
order to give Congress and the national
government the necessary power In his
speech at Boston he said:
/ believe that it is possible to frame ma
tiOnal legislation which shall give more
power than we now have over corporations
doing an interstate business. | be-
heve that additional legislation can be had.
But l think We have got TO make up our
minds to the fact that If II proves on effort
that we cannot, under the Constitution as
II Is, give the national administration suf-
ficient power in dealing with these great
corporations then, no matter what our rev.
erence to the past, our duty TO the present
and the future will force us TO see that
more power is conferred upon the national
government
This shows that the President only ia
vored amending the Constitution a last
resort if it should be found that the power
of establishing national control over inter
state corporations does not now exist.
The Journal believes it will be found
and held by the highest courts that the
power does exist under the Constitution as
it now stands. The object of the Constitu-
ton was to create a national government
of sovereign power in all matters of ma
tional concern. Not all of these matters
could be enumerated. Some important ones
have come into existence since the Con-
stitution adopted That instrument
has proved comprehensive and elastic
enough TO cover some situations that it's
trainers never dreamed of. and the SUI
preme Court will continue TO construe it in
the interest of national sovereignty in ma
tional affairs, whether they are expressly
named in the Constitution or not. The
power which 1t gives Congress Ito regu-
late commerce among the several States
is a very large one, and by a broad con-
struction be made to include every
thing relating TO the regulation of inter-
state commerce. 1t would be no stretch
Of the power TO make it include the regu-
lation and control OF corporations doing
an interstate business. The Constitution
does not put any limitation on the power of
Congress to regulate commerce between
the States. The grant is as broad as the
subject or the field. In his address before
the American Bar Association at Saratoga
on Thursday the Hon. John CT. Carlisle, a
great lawyer said THE Constitution does
not expand or contract. but extends
wherever our boundaries extend" In the
same sense it extends fast and far
as do the subjects of which it takes cogni-
zance. In 1889. when the Constitution
was adopted. there were no trusts or cor
porations. but to-day they are an impor-
tant factor in the commerce between
States" of which the Constitution gives
Congress unlimited power of regulation.
Therefore. the Journal believes it will be
found possible to establish and maintain
national control over interstate corpora
tions without resorting to an amendment
of the Constitution.
The Presidents plan contemplates a
thorough test of the power of Congress I'M
der the Constitution as it stands before re-
sorting to an amendment. and there is no
DOUBT DuI ne VIII recommend legislation
on the subject at the next session of Con-
gress. In fact. his recent speeches have
practically assured some new legislation on
the subject. 1t is quite possible that the
decision of the United States Supreme
Court in the Northern Pacific Railroad
merger case. which will be rendered in a
short time, may throw new light on the
power of Congress to regulate interstate
I commerce.
A STRIKING CONTRAST.