New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-22
REMEDY FOR TRUST EVILS.
Continued from Hrst page.

Continued from hrst page. %
deep rooted general feeling OF 6ssa tisfacton with
sXsiils Some causes OF olssa isfactlon
are apparent, and The evils very real and great:
porate business is carried on are extremely unsat-
isfae5oiy.: ,, They admit of and invite extreme
Gus stste represent the needs T dPeaa aroma s
law acapted TO provide properly for all the Inter
applied 10 interstate businesses has developed add
fIcnal and peculiar evils, d diversity great as
tendency toward the lowest level OF lax regulation
and the unequal and disastrous contest between
state legislatGres and commercial forces OF ma
3 No satisfactory reform is TO be expected under
: Federal government has at its command s,,f
fcent power 10 remeoy these conditions in its con
tToi OF interstate commerce. supplemented by sub
> So far the commeroe clause Of the Constitution
has had a NEGATIVE development only. both under
congress and uy judicial interpreta don With the
exception q The Interstate Commerce act-the force
OF which has been seriously weakened by judicial
lEteTiIelau oi-iisa me navigation laws, there has
been no really affirmative attempt regulate in
chery used 10 prevent the interference by States
r-ih interstate commerce.
for getting essential FACTS In addition the value
facts. the dissemination OF knowledge viii bring
into existence the influence of an enlightened pub
70 develop The sense Of pu6lie trust involved t IN the The
responsibility on the part OF officers managers
lines q inquiry and report adding fact nP 5Ss fet
in proof Of existing conditions, but no real remedy
eETaetre use % me greet powers granted under
) The possible Congressional actions are:
"a Delegation TO the States Of control inter
state commerce. This IS believed TO be unconsti-
tutional and secondly subject 70 all the objections
"a Compulsory federal incorporation OF interstate
coa-e1ee oompanies tbs is probaty legally prac;
CHANCES by the Capitalization Of power n the fed
era zoyernIlent and presents serious difficulties
states over such corporations in matters of taxa
@ S o S5 ot ans 4R Rgse aM ii this
a. FEDERAL license or franchise for interstate
commerce Lssaly this is practicable: il avoids
lhe lesai difficulties Of national incorporation as
Vel as the practical one Of Capitalization Of power,
and gives The national government direct regula-
t.5u Of the agencies OF interstate aHa aoreign com
r ! therefore beg 70 suggest that Congress be re
qUessd 70 consider ne aqTS2 i OF enactng
i in o SeeIa} fe,.s rrovGe as follows:
az The granting q q federal franchise or license
10 engage in interstate commerce
Is 70 corporate organization and management
ondirion precedent 10 me grant Of such franchise
1cl The requirement Of such reports and returns
as may 5e desired as condition OF the retention
Of such franchise or license.
dj The rrohidltion Of all corporations and corpo-
eisn commerce without such federal franchise or
a. Tie fun protection Of the grantees of such
franchise or license who obey the laws .;tSlicable
- TIE right 70 refuse or withdraw such fran
ch!ss or license IN case q violation Of law, Fith
a5as Of power by The administrative of1cer
rs oareal' uaqeT ne olTeSt!o5: 81 me 9ecIetaIy
nachine-T for the administration Of such Jaw:
~ sv,7s,Ists coI,s5s-5tio- i.- 7,Ii.n af7c;ais
and COMMISSIONS. as well IS private persons tech
LieslLE well qualified 10 speak. The Industrial
Cammt=zton., in lis final report on this subject;
plan ite similar TO this Il is neither necessary
ne details Of such act; but the bureau has
eT-aas-ive Information which Would be mmedi-
ate available for the use Of Congress or any com
zion such measure.
This summary and the recommendations con-
tanned in Il are based on the report Of the bureau
vaca follows, IN part;
The appropriations for the year ending June 80
1876 are $l5622o. The estimate for the ending
June So 1ss are S236 40 being an increase Of $50
The request is made that the wording Of the ap-
1ropriatton be changed so that there will be no
Special agents. special attorneys and special ex-
aminers. The need OF this change cannot ne TOO
strongly urged The work Of the bureau cannot
Be conducted along fixed lines Of employment for
he reason that II one investigation 45'i4 work wlH
predorninate, and in another financial CT economic.
and The Commissioner
a system OF reports made through the President
is obviously appropriate because Of the necessity
ing The private affairs Of citizens Such reports
must needs be passed through some sitting process
f0TC basis for legislation, ana with as great a
degree Of publicity Of detail may be consistent
with The proper protection OF private rights II
appears Therefore that the means provided by
Congress are ccnstits-i9-aI and peculiarly appro-
pirate for carrying out the intricate far reaching
delicate WOfl that the proper execution OF lnlS
Constitutional Is1HeT calls for
The powers Of the Bureau Of Corporations de-
sC-5eC largely Joy reference 10 those OF the inter-
state C0muercs Commission The chief difference
between The CVo admnistra i've bodies is that
wa-e information is collected by the interstate
Commerce Commission mainly for the purpose OF
enforcing zEs. the information to be collected
10y the Bureau az Corporations is 10 be used Tor the
primary coroa2T Of the legislative function, more
Intimately connected with the constitutional power
Of regulating Interstate commerce and carrying
with II therefore great II not greater. aulnorltF
for the obtaining Il information over the subject
natter n question
That tie end---he regulation Of interstate COM
Aerce-ls -eEluu ate .lG within the SCOPE OF The
Constitution, an ID ina the EacanS-the Bureau OF
Corporations and is owers-are appropriate are
ADAPTED 70 thai END. are not prohibited. and are
tuition. Is indIsI utabe. and the creation Of the
Bureau OF Cory OrauOns lJr the purpose specified
and with The pUwers GiVcl in its organic act is a
Constitutional exercise Of tle legislative power OF
Congress.
The jurisdiction Of the blreau, by the organic
act extends OV.-r all a-enc4e- ot9er than IulvId-
Csls engaged u interstate aid foreign commerce,
except COMMON carriers GTCe. the jurisdiction Of
the Interstate Commerce Commission. and is limit
e hv the tGcCI~inTS Of tho Supreme Court OF
the United States defining ''irtestate and foreign
c0Eug-re-' Il uIss-Se. ..-re DD-SIDle.
ATTEMPT here 10 summarize estate such def
nlro1s Ff-qI me earliest ODinlOnnf Chief Justice
Marshall j. >. that commerce s intercourse"