The San Francisco call., 1904-08-11

zen and his property which not only justi-
fed the action OF your convention in this re-
gard, but made II its duty to call attention
10 the fact that constitutional guarantees are
violated whenever any citizen is denied the
right 10 labor. TO acquire and 10 enjoy prop
erfy. 10 reside where his interests or incil-
nation may determine: and the fulhllment OF
the assurance 70 rebuke and punish all de-
malls Of these rights. whether brought about
by individuals or government agencies. shOtlld
be enforced by every official and supported
by every citizen. The essence OF good govern
ment lies In strict observance Of constitutional
limitations. enforcement Of law and order and
rugged opposition TO all encroachment upon
the sovereignty OF the people.
The foregoing suggestions but emphasize the
distinction which exists between our own and
many other forms OF government. 1t has been
Wen SAID IN substance, that there are but
Two powers in government-one the power OF
the sword sustained by the hand that wields
II, and the other the power OF the law, sus-
talneu py an enlightened public sentiment. The
difference in the powers is the difference in
the republic-such as powers, based on law
igence and patriotism-and a monarchy, sus-
tained by force exerted by an individual, un-
controlled by laws other than those made or
sanctioned by him; one represents constitu-
tionalism. the other imperialism
The present tariff law is unjust in its opera
tion, excessive in many rates and framed
in particular instances as TO exact inordnate
profits from the people. So well understood
members Of the Republican party and at least
Two or its State conventions have dared 10
voice the general sentiment that subject.
4uak PARTY seems. however, to De collectively
abe 70 harmonlze only upon plank that al
mits that revision may from time time be
necessary, bat is so phrased that it is expected
70 De istactory TO those IN favor OF an
increase or those who favor a reduction Thereon
and 10 those opposed 20 any change whatever.
Judged by the record Of performance, rather
than that OF promise on the part of that party
in the past. il would il the outcome
in the event Of its success would be to grat-
both legislative and executive departments OF
The Government since March 4. 1897. there has
been neither reduction nor an attempt re-
duetlon III tarin duties II is not unreason-
able 10 assume. in the light or that record.
that a future Congress Of that party will not
undertake a revision Of the tariff downward
ment OF its past course on that subject by the
people
CANNOT WIN THE SENATE.
1t is fact and should be frankly con-
ceoed that though our party be successful in
the coming contest we cannot hope 10 secure
a majority OF the Senate during the next four
years, ana hence we shall be unable 10 secure
any modification in the tariff save 10 which
the Republican jority in the Senate may
consent. While therefore, We are unable 10
give assurances Of relief to the people from
such excessive duties as burden them it is
que 10 them that We state our position 10 be
IN favor Of a reasonable reduction in the tar
IN; that We believe il Is demanded by the best
interests OF both manufacture and consumer,
ana that wise ana benehcent revision OF the
tarlu can be accomplished both
branches OF Congress AID an executive in IA
sense Of uncertainty ana instability that has
on other occasions manifested Itself. This
can De achieved by providing that such a rea-
sonaDie perioo snail intervene between the
date Of the enactment Of the statute making
a revision and the date OF its enforcement as
snail be deemed sufficient for the Industry or
business affected by such revision TO adjust il
self 10 the changes and new conditions i'm
posed. So confident l in the belief that the
demand Of the people for a reform OF the
tariff is just that 1 indulge in the hope that
should a Democratic House of Repre- sentatfVes
ana a Democratic executive be chosen by the
people even Republican Senate may heed
the warning and consent TO give at least some
measure OF relief to the people.
The combinations, popularity called trusts,
the necessaries OF life as well as in those
things that are employed the farm, in the
factory and in many other fields of industry.
nave been encouraged and stimulated by eX-
cessive tariff duties. These operate to furnish
4 substantial market in the necessities OF
so.OOO.oO0 Of people by practically excluding
competition With large a market and
highly remunerative prices continuing long
after the line or possible competition would
naturally be reached the temptation OF all en-
gaged in the same business TO combine so as
70 prevent competition abroad and a resulting
reduction OF prices, has proved Irresistible in
a number OF cases. All men must agree that
the natural result OF enacting laws that foster
such inequitable conditions is most unfortunate te
Tor the people as whole and it would seem
as f all ought 10 agree that the effective
remedy would be TO appropriately modify the
offending law.
The growth Of monopoly OF which com
plant is justly made. cannot justly be laid Z
the doors Of the courts Of this country. The
decisions Of the Supreme Court Of the United
States, the Court Of Appeals Of this State and
the court Of last resort in many other States
warrant the assertion that the common law
as developed affords complete legal remedy
against monopoles. The fact that they have
nultiDlied in number and increased in power
has been due not 10 the failure OF the courts
70 apply the law when properly moved by ad-
ministrative officials or private individuals
but TO the failure OF officials charged with the
duty Of enforcing the law 70 take the neces-
sary procedure to procure the Judgment Of the
courts IN the appropriate Jurisdiction. coupled
with the fact that the legislative departments
Of some OF our State governments as we'll as
Congress IN the manner already referred to
have by legislation encouraged their propaga-
tion.
What is needed in addition TO the passage
Of statute revising the tariff duties TO a
reasonable basis Is not so much other and
different laws officials having the disnositfon
and courage to enforce existing laws While
this Is my view Of the scope Of the common
law II i should he made to appear that IL is
a mistaken one. then favor such further leg
islatiou within constitutional lines as will
give the people just and full measure of pro-