The Washington times., 1904-05-14
Gaynor on Trusts.
Important Address by the New York
Judge.

HernapS the most important or re-
cent Ctterances regarding the promi-
nent economic phenomenon of the
day known as the trust are those of
Judge William Jay Gaynor, of the
New York supreme court, before the
Jurisprudence section of the American
Social Science Association meeting in
Boston
In politics Judge Gaynor is a Dem
ocrat, though he was elected to the
bench in 1893, after being nominated
by Republicans and independent
Democrats. This promotion followed
his work in breaking up rings with
in the Democratic party and securing
the conviction of John Y. McKane for
election fraud
The substance of Judge Gaynor's
address is contained in the follow
ing five statements:
THE greatest crime of our day
and generation is the favoritism in
freight rates"
Freight favoritism is the mother
of trusts"
The first trust was built up wholly
by discrimination on the part of the
railroads"
THE evil needs summary executive
treatment instead of the slow process
of judicial procedure"
All that we need is that the Gov
eminent appoint the general freight
agent of every road"
Judge Gaynor recalled the fact that
when the first trusts, the Standard
and the Sugar. came before the courts
Of Ohio and New York, they were
declared illegal and compelled to go
out Of business. Subsequently the
State legislatures came to their aid
and authorized the forming of cor
porations to own the stock of other
corporations.
Consequently" said Judge Gaynor.
IF the combinations Of corporations
which we call trusts are injurious to
commerce. the only legislation needed
to prevent them is to repeal the
statutes which enable them to FORM
The railroads Judge Gaynor defines
as public highways. and adds that
they should be used to aggrandize
some and destroy others is so in
famous and so heartless that we will
be looked back upon as generation
lost to moral sense for having al
lowed 1t so long.
when the oil of one man or set
OF men," he continues. was carried
to market by the railroads for one
dollar a barrel, when all competitors
had to pay two dollars, the latter
were ruined and had to quit
The Interstate Commerce Commits
sion was created to stop it, but it
has failed. IL is too unwieldy."
1t Will strike those who read this
remarkable speech that the natural
trend of the judges thought is toward
the public ownership of railroads.
Regarding this he says:
IF the possibility of this expert
ence we have had with freight rates
had been foreseen, Government
would never have turned over these
highways to corporations. But the
resumption of them now would be a
vast enterprise"
AS a presently practical measure.
therefore. Judge Gaynor recommends
that the Government appoint the
general freight agent of every rail-
road, which, he claims. would end
discrimination. Thus the man with
a large amount Of freight would not
be able to get 1t through any cheaper
than the man with a small lot.
In spite of the vastness OF the en-
terprise, there seems to be no doubt
that in the process of development
the Government will be forced to take
full control of all public utilities.
The main point is that the change
shall be accomplished with a mini
mum of revolutionary symptoms.
Sane addresses by sound men. such
as Judge Gaynor's. prepare the public
mind and are therefore of lnestimable
educational value.