The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-05-21
SATURDAY, MAY 81, 1904.
The Functions Of Government.

s5$ ona of THE notable discourses Oh inc
h ,oonth was that delivered recently before
N 4ha American Social Science Association
~ Boston by Judge W. j. Gaynor' OF
SS3 New York. on government and trusts.
8aitNye have not the space to give reVle"
WA the entire article, but we wish 10
8l make a record of some Important truths
sslsI .tnted bearing upon the functions OF
government.
s5f3k ..Sbciety," said he, is organized a. an
5E45, only for the common WELD, and the prime
9sobiect OF government Is to promote as
Isl tr!butive justice to ALL. The government.
" !. which hinders that object, instead o.
II thelping It; the government when ny
s5;l favorltism OF the laws helps the lie"
~ Z rrrandize themselves out Of the toll
u and product Of the many, has no rlsht
ma exist. Government is for the gen
u N erAl rood and prosperity. Prosperity de-
nends not merely on tho amount pro-
Sgij duced but in even greater degree upon
III how the total product Is divided. Pros'
y perity is the highest production which ~. ~.
s#community Is capable of, consistent With
u the mental, spiritual and physical educa-
~ ton, growth and health of Its members
Ii accompanied by n just distribution OF the
v total product among the producers. Inns
does not mean share and share alike but
according to the intelligence, the Skill, tle
i Industry, which measured the productive
IA bacity of each. He who produces most,
whether his productive power be mental
I'll ~ nhysical, or both should share accord
i ancly and 10 on down. This system rests
wholly on individual competition, without
Ia government favor to any; ana conpeti-
4 lion is the mother OF excellence anu
N growth in commerce, In the arts anu III
If ri, things But if the total product be
"a 1o1 the producers
an the ratio of their productive capacities
4 hen there Is not a state of general pros
y s$nerlty, however large the total product
may be. And if that condition be the
g8l result of the .favoritsm OF government.
81 or Of the laws, then has government
SS failed at tho one fundamental reason Tor
the existence of government These prln-
.E5is c,ples are accepted by all, and their mere
Isl statement suilices."
Judge Gaynor takes an optimistic view
when he says that these principles are
recognized by men at large. and that
HIM a mere statement Of them sutllces 1t
E would be well for this government, ana
y there would be fewer complications and
4 fewer hardships. and government would
be n greater blessing. IL these principles
E were recognized and established and put
= itno operation. Unfortunately. there are
many who think that government is to
be employed by those in control for the
benefit of q few ffavorites at the expense
of the many.
Proceeding with the discussion, Judge
EGaynor said that the most sacred duty
.of government is to take care to pass
tno statute and to do nothing to restrict
Il production or to promote or make posi-
;.be an unjust distribution Of the nggre-
agate wealth created by industry. and In
such wealth must b included all public
franchises. for their value is created
wholly by the combined industry and
consequent growth of the community. He
declared that while governments have
been entirely successful in making laws
and contrivances for the enrichment OF
I the few. they have been signally unsuc-
cessful In attempting to regulate COM
}smerce for the general welfare '"rhe
Fl, history OF such laws" said he, is that
instead of good they have done infinite
harm. In this respect history teaches
.beyond doubt the wisdom OF the pollu-
zeal maxim that to govern least is to gov
iern best"
BY way Of illustration he referred TO the
aoft-repeated attempts In England cspe-
cially, and also IN France. to regulate
(ttrade by legislative cnactments In con-
jgtrayentlon OF the natural laws OF trade,
land he declared that TO attempt 10 inter-
q / fere with the operation of these natural
laws was as vain as to attempt to inter-
! fere with any other law Of nature Yet
,rtt is hard for men of this generation, not
understanding the lessons OF the past for
A1heir guidance, to understand this SIM
sple proposition. and at each and every
session of Congress and OF the State
legislatures the same old attempts are
made to regulate trade by law. OF
course, The government must regulate
corporations and hold them in check and
make them. as their charters contem-
plate the servants of the public, But
In all such legislation diligent care must
be exercised TO prevent conflict between
statutory enactmcnts and the natural
laws OF commerce. When we have n sys-
TEN Of laws that will preserve the rights
OF all men, preventing trespnss and yet
giving to each individual the greatest
liberty consistent with the rights OF
others; when we have system OF laws
founded upon these principles, and neither
helping nor hndering men in their honest
and honorable endeayors, We shall have
arrived at perfection, and we should have
such system II all our laws were
founded upon the true principles OF
Democracy.
77-.=--=s=-==7-S-
1t Will Not Down,