The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1904-12-30
OUR WASHINGTON LETTER

OF Corporations NafHelu anu ~ 10 "
nounced that a bill Incorporating the
Commissioners recommendation Will be
framed by an Off GER of the Department
of Justice and submitted to Congress at
no distant date. In substance, it IS pro-
posed by Mr.. Garfield who is a son OF
the late President Garfield. that were cor
porations designed to do an interstate
business required first to procure feder'
al charter, there would arise difficulty
when the States attempted to tax their
property as it would be claimed that such
institutions possessed national and not
a State existence. To obviate this dlftl-
Guilty he proposes that such corporations
shall remain the creatures of the States,
but shall be compelled to secure federal
license before engaging in interstate BUS
mess, agreeing, of course, to aolde oy
certain regulations decreed by Congress
among them being a prohibition of water
ed stock.
Although Mr.. Gartield's proposition has
been treated by the press as new lnven-
ton it is by no means original with him
having been first exploited by William )
Bryan at banquet given by the Civic
Federation in Chicago somewhere be-
tween 1896 and 1900. In fact, the Demo
cratic platform of 1900 contains clause
strongly suggestive of the proposed plan
That some form of Legislative control OF
corporations is desirable is admitted by
the leading thinkers in Congress and ou'
of it, but that Mr. Garfield has hit upon
plan which would prove expedient, OF
even constitutional, is seriously question
ed bv some who have given this subject
the most careful study.
The fear Of the several States when
first adopted the constitution OF the
United States, that too, extensive powers
might be vested in the national govern
ment, and their apprehension OF centrall'
cation of power resulted in filling the
federal constitution with provisions
which serve as mighty obstacles in deal
ing with the highly organized and exten'
sive corporate business institutions OF the
present day. For instance it is we'll rec
oqnized that the federal constitution is
limited to the special powers granted by
the States State constitutions on the
other hand, require when construed only
that the construer shall ask. Is this not
prohibited by the Constitution? This is
one of the potent reasons why compre
hensiye federal laws are liable to be pro-
nounced unconstitutional by the Supreme
Court.
Praiseworthy as appear to be the Pres
dents objects in seeking to enlarge the
powers of the Interstate Commerce Com
mission and, now, in recommending fed
eral licenses for interstate corporations,
he is in danger of exciting serious oppo
sition in Congress by his method OF ask
ing executive officers to draft such legls
lation as he may recommend. Congress
is extremely jealous of its prerogative as
the legislative power and already mem
bers of Congress are beginning to suggest
that the President should content himself
with suggesting desirable legislation anc
leave them to frame the bills for carrying
his suggestions into effect. Of course the
Presidents motive is his desire to accom-
plish results without delay. He is always
anxious to see "something doing" but he
is liable to find that too strenuous efforts
to expedite legislation will result in an
tagonizing members of Congress and thus
creating trying and unavoidable delay
In support of their position members of
Congress submit that while it is easy tc
propose legislation and even to draft the
bills, Senators and Representatives are
after all, responsible for the results ano
it requires careful consideration ano
thought to enact important legislation
which, when tested before the Supreme
Court will not reflect on the intelligence
of the men who enacted it.
While the superficial observer may be
inclined to conclude that the effects OF
Secretary Hay to bring about another
peace conference have failed, such con
clusion being based on Mr.. Hays letter
announcing that it is indefinitely post
poned and that the President believes
that the Hague council should now take
up the active work of the propaganda,
such is not the view of Secretary Hay OF
of the President, both of whom regard
the acquiescence of the powers, including
Russia and Japan, to the principle enun'
ciated by the United States as long step
in the right direction. Acting on the sug'
gestion of Congress Mr.. Hay suggested
that steps should be taken for the pro-
lection of the rights of neutrals in time
of war and all the powers have signified
at least, tacitly their assent to this propo-
sition. Under these circumstances either
Russia or Japan would not find it difficult
TO defend the seizure of American ships
even during the present war.
Elk Secretary Roots declaration that
the United States must exercise police
duty over the nations Of South America
has occasioned considerable interest in
Washington as it is believed to be frank
expression of the views of the President
although expressed by private citizen.
no longer in the cabinet There are just
now two situations in South America
which are calling loudly for American in
reference and both Of which are likely
to feel the weight of the "big stick" in