Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-04
THE PRESIDENT
CONTINUED from page ~

with the subject and Of thorough knowi-
edge of what should and can be done in
and we need knowledge, Such
Observation-Disclosures obtainable row or
obtRinable only after a constitutional
amendment-should provide for rea-
feature of which at first should be pub
licity. that is. the making public. both to
the Government authorities and to the
people vt large. the essential facts in
which the public is concerned. This
would give us exact knowledge OF many
points which are now not only In doubt
Moreover, the mere fact of the publica-
ton would cure some very grave evils.
for the light Of day IS a deterrent to
wrongdoing 1t would doubtless dis
close other evils with which for the time
being we Gould devise no way to graprle.
Finally. it would disclose others which
could be grappled with and cured by FUR
thcr Legislative action.
In my message to Congress for 1901 |
I'm the Interest of the whole people
the Nation should without interfering
with The power ri the States in tn matter
itself also assume power of supervision
and regulation over all corporations doing
an interstate business
The views thus expressed have now
received effect by the wise. conservative
and yet far-reaching legislation enacted
by Congress at its last session.
In its wisdom Congress enacted the
very important law providing a Depart
ment OF Commerce ana Labor ana turthei
providing therein under the Secretary OF
Commerce and Labor for Commissioners
of Corporations, charged with the duty OF
supervision of and Of making Intelligent
investigation into the organization AMI
conduct Of corporations engaged in inter
state commerce. His powers to expose
illegal or hlrtful practices and to obtain
all Information necdfu for the purposes If
further intelligent leeislatiom seem adc-
GGate: and the publicity justiliable and
proper for public purposes is satisfactorily
sAfNt IIx NJ "a hs
very end of the session of Congress.
Owing to the lateness of it's. passage
Congress was not able to provide proper
equipment for the new Department and
the first few months must necessarily be
spent in the work of organization, and
the first Investigations must necessarily
Ia of n tentative character. The salts
fnctory development of such system re-
pu!res time and great labor. Those who
are iutrusted with the administration OF
the new law will assuredly administer it
in spirit of absolute fairness and justice
and OF entire fearlessness. with the firm
purpesc not TIC. hurt any corporation doing
help it--and, on the other hand, not to
spare any corporation which may be
guilty. of Illegal practices, or the methods
of which may make 1t menace to the
public welfare. Some substantial coed
will be done in the immediate future:
and us the Department gets, fairly TO
for good work will be opened along the
lines indicated. The enactment of this
law is one of the most significant contri-
buttons which have been made in our
time toward the proper solution of tn.
problem of the relations to the people
of the great corporations and corporate
combinations
But much though this is 1t is only Il
part of what has been done in the effort
to ascertain and correct improper trust or
monopoiistie practices. Some eighteen
an able and nonpartisan body, reported TO
Congress the result OF their investigation
Of trusts and Industrial COMPUTATIONS
One of the most important of their con-
illusions was that determinations in
freight rates and facilities were granted
favored shippers by the railroads and that
those determinations clearly tended tow
ard the control of production and prices
in many fields OF business by large com
bihations. That this conclusion was JUST
table was shown by the dsclC SureS IN tao
Investigation of railroad methods pur-
sued In the fail and winter of l90l-19U2. 1t
was then shown that certain trunk lines
had entered into unlawful agreements as
to the transportation of food products
from the West to the Atlantic seaboard
giving n few favored shippers rates much
below the tariff charges imposed upon
the smaller dealers and the general pubic
These unjust practices had prevailed to
such an extent and for SO long time that
many OF the smaller shippers had been
driven out of business, until pracucaliy
one buyer of grain on each railway SN%-
tenn had been able by his illegal advau-
taSes to secure monopoly ON the hue
with which his secret compact was mad
this monopoly enabling him to fix the
price to both producer and consumer
Many Oh the great packing house concerns
We're Shown to he i'll combination with cat n
other and with most of the great railway
lines, whereby they enjoyed large secret
concessions in rates and thus obtained a
practical monopoly of the fresh and cured
meat industry of the country. These III
sions, though viGlativc of the statute had
prevailed Unchecked Tor so many years
that they had become intrenchcu in ana
interviewer with the commercial life II
certain large distributing localities, al
though this was OF course at the expense
of the vast body of law-abldinE mer-
chants. the general public, and particular
ly of unfavorcd localities.
Under those circumstances 1t was Il
serious problem to determine the Wise
course to follow in vitalizing a law which
had in part become obsolete or proved
incaIable of enforcement. OF what the
Attorney General did in enforcing 1t |
shall speak later. The decisions of the
courts upon the law had betrayed weak
neSsspS and intpcrfcctionS, some or them So
serious as to render abortive efforts to
apply any elective remedy for the exist
ing evils.
1t is clear that corporations created fer
quasi public purposes, clothed for that ret-
son with the ultimate power oil the state
to take private property against the VIII
of the owner, hold their corporate powers,
as carriers ia trust for the fairly impartial
service of all the public. FavoritiSm IN
the use OF such powers. unjustly enIichinS
>somc ANA unjustly impoverishinE others;
discriminating In favor of some places ana
against others. is paIpably violativc OF
plain principles OF justice. such q prac-
lice Unchecked is hurtfui In many ways
Congress- having had its attention drawn
IL the matter, enacted a most Important
anti-rehate law, which greatly strengthens
The intcrstatc-c commerce law. This ne@
law prohibits under adequate penalties the
giving and as well the demanding or re-
ceiving of such preferences, and provides
The preventive REMEDY of injunction. Tht
vigorous administration of this law, an.
il viii be enforced, will. II Is hoped al
ford "A substantial remedy for. certain trds
evils which have attracted pubic atteh
ton and have created public unrest.
This law represents a noteworthy ant
iunortant advance toward Just and ciIect
i've regulation of transportation Mote
over. its passage has been Supplements
by tho enactment of n law to expedite 'h'
hearing of actions of public moment un
der the antitrust act. known as the Sher
man law, and under the act to regulate
commerce at the request of the Attorney
General. and Furthermore additional fnnd'
have been appropriated to be cXpenuei
under the direction of the Attorney-oeh
eral in the enforcement of these laws
All of this represents great ana sno
stantial advance in legislation. But NOR
important even than legislation rs IN
administration of the law, and ask you
attention for n moment to the way ~
which the law has been administered ..
The profound jurist and fearless punh
servant who now occupies the POSITION Q
"a