Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-18
AFFIRMATIVE Ac | ION
Congress Must Exercise More
Fully It's Power.
Mr.. GARPIELD'S REPORT
MAKES THAT sTATEMENr AS TO
COMMERCE. Law.
Railroad Rebates, Insurance Legisla-
tion and the Problem Of Controlling
the Trusts Discussed.

ord tba ,rr,,,x, - .,,. ~. ...-s
are three subjects a,,ter,ai,,i,,,lv ,siso,,ssas
by Commissioned ~ c,orr,,ra t1o,. carf;sld
In his annual renort made nnb,io TO-DAY
"The years work upon the investigation
of special Industries and, narttc,,,ar cornora-
tions.', SAYS Mr.. Garfield. ..bas strength
ened my conviction that nd nerrnanant
remedy for axis,ins i,,,,,,s,ra, a,-,,s $. -,
1893 .t''..N 'oss N14t 70
eApecteu uAtA congress exercises more Iuliy
Its power OF affirmative action under the
commerce clause OF the Constitution No
fact of Industry 10 mora ohv,o,. t,,a,, that
,,s =. $500 -, .o-s s.. ei .t,s
ii.oueih BUSINESS mas outsFoWn ana wholly
disregards state lines, and that the juris-
dictions of single states al applied TO the
operations of a great Interstate business
:. r,..,, -, -,
-e anu ese.i is'i iiii u. - ciose s,uuy
OF the methods OF organization and opera
ton of the greater Industrial corporations,
their relation to transportation companies,
both rail and water, their methods of COM
petition, the extension of their business
throughout many states, and the sale of
their commodities throughout the world
proves that they have actually gone beyond
the possibility Of proper supervision or con-
troll by the single state which gave them
corporate existence. Their relation to the
transportation companies alone III, a suf-
ficient reason for bringing them under
federal regulation.
nailroaos NOT Wnoiiy at fauit.
'It Is idle to claim that the railroads
sra wholly or fanlt for raba+os a;sor;n,i
iio'io.S Ailu pehei uoVlces TUE aHoroins 10
one shipper improper advantages over a
competitor. 1t is Impossible to prevent
sucb abuses h,, ,,,,raI,, go, I,,e,.. -,
rr,,.a - pen'i ieeis,a ''oii.
., ms uoes not mean that the enforcement OF
e ele 3. aii.i- iusl law mas not peen Denehcial,
some respect for the law. which until re-
csnlly, was Wholly lacking But SO far as
ditions nhcb that 1a a,' =. Gne , toHo
has been done. The imnosition Of a nan-
atty upon combination simply drives the
men IN that eomplnation to the formation
saws ,1,,,os ~ ~ paisilins the
combirla ton Is an indrIstriaI necessitr and
hence will be engaged in desnite -nenaI
legislation
sRy the exercise Of tho a ffir,n.ti,,o ,,o,,or
granted under he con,nerca clause Cav
gress can with safety nroviIt a n,athod Nv
which reasonahle cor,hination NAV he ner-
mitted. This method must he founded mo,
an act of 4i,e faSersI ro,Sarr 49, ,,hiot
will give to cornoratfons eneaeed in intar-
state and foreign commerce SANDING and
recognition under a federal aef II NAV he
ACCOMPLISHED either nv . license "a ensae,s
in such commerce or Inv q charter o,rante5
by the federal government ITnder eitber
form Congress sbo,,ld Irovida al reo,,irel
ments NECESSARY 70 insure n,,hIicitv ANA
honesty in promotion. organize lion cani-
taliza ton and conf3,1ct IF tha cornor, fior,
reSaryin., "a tba gn,arn,,a,,+ ~ ri.,ht f
Of the hooks Of s,fcb cornnra+;on
and the further. ,ieybt--fba y,ost i,,,nortant
of alto ston the enerations Of smcb cor.
nora tion n # hecnnes a xrioJator az The fed
eraI stat,1tes At ali tinas nraseryine, "a tho
cornorat lion ana its stonlrboldare t5a rieht
If iudiciaI annsal a p<,j,,st tba irnnronar ey
Congress Plenary Power.
t1she nove, of Conoress IN re,,,l.+a ;ntor
ss.. - . 80 AiNe
eea'o eoiiiiheiee oeiis pieiafy, thdt pouy
may determine to what extent 1t will first
exercise its power The TRANSFORMATION
,,,ost o,ear,,, ebo,Ia co,,,a u,t+hir
az ton,,,s 80 go, -.
them should be Joined the greater corpora
tons engaged In the production. manufac-
tnre and distribution of those staples which
try. and the monopolization of which viii
tiec th Isa,l "a narosnip ana inJustce
va sion of inS1iv;d,,al iihertv ar rigbt. e. not
an effort to have the government do that
which the individual could best do, and
Would not IN us erect Destroy indiyidllai
Success II wo,la aord el,,sa, ~ of pn,
tunity, not equality In results
TT is universally recognized that the
great highways OF commerce should be
open 70 an upon equaI terms. Il Is likewise
true that 0he opportunities Tor the indi-
Viduai 10 engage IN lhumstraai enterprise
snouio De equalIy Iree Inc lno1viduai is
not strolis ehousn oIoiharny 10 protect MINI
sell against great corporation he can
De secure IN ms rights oniy under a law
which subjects the corporation to regula-
ton by q government whose jurisdiction is
broad enough ana whose power is great
enough 10 compel onedience. such law
would lessen the poSsloilitles or unfair and
dishonest competition. Under such a law
the questions or the reasonableness of COM
bination, or consplracies In restraint of
trade, OF monopoiistic control would be left,
as they should De, for the determination of
the courts, and the government would then
nave, as II should nave, the opportunity at
all times to know the detailed operations Of
those corporations to which 1t has granted
great powers. upon which 1t has imposed
great responsibilities, and over which 1T
will exercise its full measure of protection
so long as they obey the laws of the land"
AHe oeel 4nuuStIy.
Referring to the beef Industry. the renort
s.ys.
80.
Inc pubNshed portion OF TINS report
dealt chiefly with the question of prices and
the margin Of profit in the hacking busi-
rass IN tba ca,,rs,, of ,,,;. ;,,,a.,Ie,. tio,,
MSS IL tiio Souis'v VI thiS iiNrSliSatioii