New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-06
INTERSTATE COMMERCE.

So long as the finances of the nation are kept
upon an honest basis no other question of in
ternal economy with which the Congress has
the power 10 deal begins TO approach in i'm
portance the matter of endeavoring to secure
proper Industrial conditions under which the
lndivldauls-and especially the great corpora
uons-doing interstate business are to act
The makers Of our national Constitution pro-
vided especially that the regulation of inter
state commerce should come within the sphere
Of the general government. The arguments in
favor Of their taking this stand were even then
overwhelming. But they are far stronger to
day, IN view Of the enormous development of
great business agencies usually corporate IN
form Experience has shown ConCluSiVel- that
il is useless to try 10 get any adequate regula-
ton and supervision of these great corporations
by State action. Such regulation and superVi-
sion can only be effectively exercised by a SOW
ereign whose jurisdiction IS co-extensive with
The Held Of work Of the corporatlons-that Is, by
the national government. l believe that this
regulation and supervision can be obtained by
the enactment Of law by the Congress. If this
proves impossible il will certainly be necessary
ultimately to confer in fullest form such power
upon the national government by proper
amendment OF the Constitution. It would OBJ
Viously be unWise to endeayor TO secure sucn
IN amendment until II is certain that the result
cannot be obtained under the Constitution as
II now is The laws OF the Congress and OF the
several States hitherto as passed upon by the
courts, have resulted more often in showing that
the States have 40 power in the matter than that
the national government has power: so that there
~ present exists very unfortunate condition OF
things, under which these great corporations
DONG an interstate business occupy the posi-
pen OF subjects without a sovereign, neither
any State government nor the national govern
nent having effective control over them. Our
steady aim should be by legislation, cautiously
and carefully undertaken, but resolutely perse-
Vered in TO assert the sovereignty of the ma
tonal government by affirmative action
This is only in form an innovation In sub
stance Il IS merely q restoration; for from the
earliest time such regulation Of industrial activi-
ties has been recognized in the action OF the
law making bodies; and all that propose is to
nee+ - ayala
viii prevent the Commonwealth Indicating the
power il has always possessed, not only IN this
country but also in England before and since
this country became a separate nation
1t has been q, misfortune that the national
laws on this subject have hitherto been Of a
negative or prohibitive rather than an af-
firrnative kind and still
USELESS TO more that they have in
PROHIBIT ALL part sought to prohibit
RESTP Amt what could not be eff
fectively prohibited, and
have In mart IN their prohibitions confounded
what should be allowed and what should not
5e allowed. It is generally useless 10 Try 10 pro-
h:nit all restraint on competition, whether this
restraint be reasonable or unreasotiaoie' anu
where II Is NOT useless II is generally hurtful.
Events have shown that 1t IS not possible aoe-
auately TO secure the enforcement OF any IaA OK
his kind by incessant appeal TO the courts. me
Department of Justice has for the last four years
devoted more attention 10 the enforcement or tho
antitrust legislation than any tihng else. 1Ich
mas been accomplished; particularly marked nas
been the moral effect OF the prosecutiohsi put
Il is increasingly evident that there VIII De a
very insufficient beneficial result IN the way OF
economic change The successful prosecution OF
one device to evade the law imnedialely &c
pelops another device to accomplish tne same
purpose. What is needed is not sweeping pro-
-fabition OF every arrangement Boou VI 49,
which may tend 20 restrict competition, out such
adequate supervision and regulation as VIII pre- pre-
vent any restriction OF competition Iroh peiii s
70 the detFiTeut Of the public--as wen as such
supervision and regulation as WIZ prevent oti-eL
abuSes II 20 way corrected with :estr.ctioa OK