The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-18
Gar. {. FIELD
DISCUSSES
REBATES
n Associnted Press.


The annual report of James X
Garfield, commissioner of corpora
tons, has been issued
Among other things he says:
sit is idle to claim that the rail-
roads are wholly at fault for rebates,
determinations, and other devices
for affording to one shipper i'm
proper advantages over a cOmpeti-
tor. 1t is impossible to prevent
such abuses by purely penal leglsla-
ton. This does not mean that the
enforcement of the anti-trrlst law
has not been beneficial, for it has
Its enforcement has compelled some
respect for the law, which, until re-
Gently. was wholly lacking. Bnt
so far as affecting a permanent
change of the conditions which that
law denounces, but little has been
done. The imposition of a penalty
mon combination simply drives
the men in that combination to the
formation of another device for ae-
compEshing the same purpose, ana
this fonthe reason that combination
is an industrial necessity, and hence
will be engaged in despite penal
Legislation.
s.Bv the exercise of the aftirma-
rive power granted under the COM
,nerce clause Congress can with
safctv provide a method by which
reasonable combination may be per-
mitted. This method must De
founded mon an act of the Federal
Government which viii give to cor,
porations engaged in interstate a aa9
foreign commerce standlhs u II
recognition under Federal ACT -
may be accomplished either py
license to engage in such commerce Is e
~. nv a charter granted by the FED
arol Government. Under eltheT
800 CONGRESS should provide all
- 100, necessary to insure
r,,biicitv and honesty in promotion,
drganiation. capitalization, anu
co19duct Of the corporation, reserNs
i,o+[ 10 the Government the right Oh
;nspection of the books OF such c4 9
roration and the further rlght- tile
most important of ALTO stoP. .nt t
onerations of such corporation II y
becomes a violator Of the teoer a.
statutes. at all times preserving 70
H. corporation and its stockholders
tbe right of judicial appeal against ans.
~ i,onroper exercise Of executive
authority. ~ inves-
tioation Of special Industries an"
particular corporations has strels sor
ened my conviction that no M
lament remedy for existing INDUS us,
triai evils can be expected until
Ctonrress exercises more~-fully us
,,ower of affirmative action under
H. oonmerce clause Of the Constr
t ~ No fact of industry Is I9ore
y', than that modern business
- - outorown and wholly dlsreSaifus
S Si. lines. and that the jurisdiction
of single States, as appllea " w
onerafions Of great lnters. sa,,
business. are futile and even h l4.aI.
al 4 close study OF the methG q,
~ r : ,,rganization and operation OF inc ~
80, te,. industrial corporations, tneli
saIation to transportation companies
LII III rail and water, their methooi
~ co,nnetition. the extension o.
fbair business throughout the many
States. and the sale 81 their eUsnl
mo5ities throughout the woI nl
i r,rov yls that they have actually gov
Pavond the possibility of proper sup y,
o,.Iision or control by the sl .st,
state which gave them corpora a.
oxistence Their relation to tn,
t,ansnortation computes alone as, -
-, - , 'srl reason for bringing then
nn5er Federal legislation .a,,r
s:,rhe power of Congress - , e
lo+o interstate commerce DEM
, ,,1sS that body may determine i !; !
Pl I1t axtent 4 win first exercise II
nower. The transporttatl9q55 com
P pomies most clearly should con ~
lp.itbin the terms of such n :vsas ut II
IA w;th them should be joined ~ -
all ,,+sr corporations engaged IN a. Il,
!, : nlroduction, manufacture anu u
, P .;l,I,t;on Of those staples whlch a. =
S EFT the lives of the people o. ~
! leG. r and the monopolIzatIltoh
c9 s4.;r.b viii necessarily result IA
hardship and injustice to ~ Lne an /
Ne, ,,;531al Such a law is not az MI,
1osion Of Individual liberty OF rl lsr
tsAI not an effort to have the Goye e.
Z 10 a. fbat-~which the indlvld'!
o no,a1d best do do; and, would not, IN
j eject. destroy individual enteIpl !,
" nor, the possibility Of indlvldqlaall- y
~ ~. n would afford equality