The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-21

Republican administration has gone too far,
or is II that we have not gone FAR enoughH
and IN Judge Parker are said to be Responsible.
and upon, which Judge Parker stood while
seeking delegates for the national Demo
tions chartered BY the, State must be subject
Just Regulation the ia Tss
for 1t believes and has acted upon the belief
that Congress has the power to regulate
corporations created by the state II, 1t be
essential to do SO to p5oteot, the 91
party stand for the notification II this power
Does, the Democratic party stand for the
corporation to prey upon the commerce Il
all the states, the national will or the will
sa 1sH Gher t. rhs payPed
yer and Judge knew that, having, announced
only. the declaration that corporations must
be subject to just regulation by the State
meant that regulation by the sntea Std tbs
subject does not admit of the exercise OF
dual authority.
LAW PARKER INyoKRs PowERLEss.
One may we'll inquire what Is the pemocratio
commerce. Mr.. Cleveland. In an authorized
,Ss ss Sss #;
depends upon the question as to whether
or not these companies are m9nopohL,itng
Of the llw as It has been construed blythe court.
say that practically all the great oorRoIa1ddobh ms
broken UP and their members indicted tbs
view likewise depends upon the fact of viola
81 to woh
them alone. as the common law furnishes no
remedy to prevent combinations In restraint restrain
which is nearer right In this respect than
either Mr. sysand SpdTs Rs5HsT d by
agency in promoting and strengthening
these unlawful conspiracies against trade.
ROOSEVELT MISUNDERSTOOD.
Senator Knox declared:
The denuncistion Of the Presidents policy
as an interference with the rights OF capital
of e' the se eomplalnins persons Of their relation
to the law and the law 8 relation TO the situa;,
ton. Those who deprecate the fact that all
the provision Of law, within national control.
and those who, complain that any OF u 10
within nasena th u tSe
Of the Constitution and not the President,
who executes ne laws passed In ,pu1 susIss
This is now THOROUGHLY understood and aG-
by nsns qsny
seemed at first to be adversely Affected.
II no other act, looking to the preseryation
e ersds Ran e
anoe OF the challenge to the national power
in the Norhs5p H. Securities dssGs
to or regulate national commerce is the corner.
sssFs neoessty Of
the nrst movement toward the Federal
eral Government that has been invoked sue
cessfully in the past to protect national COM
merce from oppressive burdens Imposed by
the States.
INTERVENTION IN THE COAL STRIKE.
The Senator then took up the charge
that Mr.. Roosevelt's intervention in the
anthracite coal troubles in Pennsylvania
was manifestation Of disposition to
his province. He recalled the demand
that the President should send troops into
the coal regions, and said:
mestic concerns Of a State except when sS-
pressly authorized by the Constitution. The
States, when they aseented to the Constitu-
internal affairs only In extreme emsI se1oies
which were particularly specified, The Con-
sHSo PG ss Of h hs Sasd ssfss
ture. or OF the Executive when the Legislature
ience o' Il Il is Clear. therefore that domestic
violence will only. Justify the. interpositlon
q ne President where ne LeeisatSure Of The
a like request II the Legislature cannot be
con vened.
WHY TROOPS COULD NOT BE SENT.
The instances where the President may
where there is a direct attack upon Federal
authority, or an interference with the opera
interference with matters under It's immedf-
ate control and, second. where there is do
mestio insurreotion in the states against the
ri ght OF the President is entirely clear without
reqpIsition by the state authorities 800, ..a.
FeSera r6sps To chsse put 'sh
did so without a reouisition from the Gov,
court had enjoned the labor leaders from
interference with interstate commerce and
r. hs sssn d eas BY ths en
states troops to be used except for purely
In the second class Of cases. namely. do
mestic insurrection in the states against the
laws of the states, realisition by the Leg
isature or the Governor has always been
prerequisite. The anthracite situation de;
yeloped conflict between corporations and
part OF citizens within the Jurisdiction OF
the State Of Pennsylvania.
OTHER DEMANDS ON THE PRESIDENT.
A second line OF suggestions to the President
was to the effect that the mine property in
the coal regions of Pennsylvania has been
impressed with public use. and for that
reason 1t Ia possible. by recevership or through
someS other form Of EQUITABLE remedy. for
the President to compel their operation,
which suggestions rested upon the supposed
authority OF a decision of the Supreme Court
OF the United States. which has no bearing
upon the question.
It was also. suggested that under the power
OF eminent domain the mines could be con:
demned by, the United States and operated
for the public benefit; These mines. being
located within the, State Of Pennsylyana
is no such power in the United States to take
sary to the enjoyment Of the powers CON
mining Of coal Ia not one OF these powers.
proceedings be instituted under the Sher
OF the United Mine Workers Association
as a combination in restr amt OF Interstate
commerce. Surely II companies which own
they ship throughout the country are not
as to the process of production, engaged in
Interstate commerce. the men who dig the
coal under contracts made in Pennsylv ana
and executed there are one degree further
removed therefrom This principle has
been the shield which every industrial COM
hination in the country has imposed between
itself and the Sherman antitrust law.
TDnn ha NV tho nnine a.