The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-26
JAMES S. BARCUS'S PLAN
NEWLY-ELECTED STATE SENATOR
WILL FATHER A RESOLUTION.
He Wants the Federal Government to
Control and Regulate Trusts
Political News.

otaNC otlAalOl dLA1 ~ DoASa1f Va -
Haute, was in the city last night, en- route
TO New York, where he has some business
matters that will engage his attention until
the holidays. In discussing the coming
session Of the General Assembly at the
Columbia Club last evening the senator
said that he had in mind but one question
of legislation to bring up. This is a resolu-
tion for the purpose of ultimately securing
the control or regulation of trusts by the
federal government. Senator Barcus out
lined his plan as follows:
"The resolution which 1 nave contem-
plated introducing looks to the amendment
Of the federal Constitution by the initiative
of the state legislatures. The Republican
platform adopted at the Indiana state con-
vention April "A, 1902, declared against
trusts or combinations of capital in re-
straint of trade or for the control OF prices,
particularly as relating to the cost or Nv
ing and the necessaries of life. The cam
paign resulting in Republican victory was
conducted in Indiana and in many, IL not
in most, of the other States upon the
avowed theory and pledge that the Repub-
lican party, If intrusted with authority.
would endeavor 10 carry out the policy or
President Roosevelt to control and regu-
late the trusts by national laws, and IL
need be by amendment to the federal Con-
stitution; Furthermore. the Republican
leaders in the Fffty-Seventh Congress en-
deavored to authorize an amendment to
the Constitution along this line, but the
effort was defeated by Democratic votes.'
THE Republican platform of Indiana and
the Republican effort in the national legis-
lature were pointed out and commended by
public speakers in the campaign just past;
proved and applauded by the people, as
manifested by their votes at the polls. In
this approval il is well known that many
Democrats co-operated with the Republican
party. The party, therefore, is virtually
instructed to deal with the question prompt
ly and In good faith. The question remain
ing is how to carry out the declared pur-
pose. 1t is apparent both from the failure
to amend the Constitution at the last ses-
sion of Congress and from the small Re-
publican majority returned to Congress,
that the Constitution cannot be amended TO
provide for national control of trusts by the
initiative OF Congress itself. Such initia-
tive, as provided in Article 5 of the Consti-
tuition, requires a two-thirds vote of Con-
gress. Some other means must be resorted
to to initiate the enactment of the amend
ment.
THAT means is at hand by the same au-
thortty, namely, Article 8 of the national
Constitution. 1t provides that the legis-
latures OF two-thirds of the States of the
Union may request Congress land In that
event 1t is mandatory upon Congress) TO
call a national convention for the purpose
of amending the Constitution. This latter
method, while never employed, is regular,
and in one sense it is more representative
than the other method; it m nearer TO
organization back of the Constitution, near
er to the referendum; and, above all, il is
the one means which lends any hope of
success at this time. About two-thirds of
the States have Republican legislatures.
And If popular sentiment favorS national
control 1t is reasonable to suppose that
some of the Democratic States will join in
a movement which looks to the general
good. AT any rate, the Republican party
has the means of possible victory so nearly
in hand that it would seem unjustihable
not to make the effort.
1.-The large corporation doing business in
several States is essentially Of national i'm
~portance. If it is organized under the laws
of a given State 1t has the right, by the
comfy among the States guaranteed in
the other States, whether its charter is in
accordance with the laws of the other
States or not. A small or poor State, whose
tax levy is abnormally high, will yield to
the temptation TO give special privileges
to corporations in return for fees by which
the state treasury may be built up and
taxes among the people of the State re-
duced. The corporation thus contributes
to the people of one State while reaping it's
profits from the people of all the States.
ness chiefly within the State borders it was
proper enough for the state government
to control the banks. to regulate the ques-
ton of internal Improvement, to be their
own Judges as to whether or not they would
permit slavery and to charter such corpor-
atoms and for such purposes as they saw
tit.
But In the evolution OF our civilization
that condition has entirely disappeared;
and, little by little. powers properly belong
lIS " AZ oldlt"ItldlItu NU6H TIE IOI-
stitution was enacted-have been trans
mitted 70 the federal government, either
by amendment to the Constitution or by
conStantly-increasing lberality In judicial
construction of the Constitution. With the
complete system of railroads., telegraph
lines and telephones, and, as a result, the
mail service extending into the rural dis
tricts themselves, the whole United States
has come to be but a small community
with common interests so far as the COM
mercial side is concerned; and corporations
dealing In these several States can be CON-
trolled TO the advantage of the whole peo-
pie only by the representatives of the whole
people. Just as the state bank gave way to
the national bank, and the doctrine of state
rights as to internal Improvement and as
to slavery gave way to the theory Of CEN
traliZati0n, so must the control Of inter-
state corporations be taken out of the
hands of States and put into the hands of
the federal government before the Unequal
tiles complained of by the people and the
themselves are put can be got rid of.
1T is common knowledge that federal
law inspires more awe and fear in those
contemplating wrong than the state law.
Therefore the bad corporations will have
less opportunity and the good corporations
and the people will have more protection
under national control-even though the
national laws be no better than the state
laws.
1T is contended by some that no amend
ment to the Constitution is needed to give
Congress the power TO control. There can
be no doubt that a certain measure of con-
troll can. be exercised under the Constitu-
ton, but IL is doubtful whether any con-
troll will be effective In securing rights to
the people or In relieving the corporations
of petty annoyance and disturbance I'm the
different States until the federal govern
ment has the power to charter interstate
corporations and to induce individuals &c
incorporate under the federal law. The
discrimination bringing this about may
necessarily be founded upon a power giver
to the national Congress to tax state cor
porations doing an interstate business, JUS
as IL may now tax state banks. 1t will
require much thought and the combine
wisdom of the leaders OF this movement L
give precise shape to the amendment itself
but this can be done without any long
drawn-out delay If the plan should NEE
with the approval Of the people.
81 do not wish to be understood as hav
ing determined to introduce this measure
l have taken som advice upon the cues
: ton and shall seek to find out the opinions
of others before doing So"
' Gave Way to His Nephew.
. Ex-Representative Bishop. OF Moores
= vile, Morgan county. was at the Deniso-