Gilpin observer., 1905-12-07

Fifty-ninth Congress, congratulates
the people on the continued prosper
ity of the nation. The close relation
ship and mutual dependence upon
each other of capital and labor are
pointed out, and the message con-
tinues:
Corporations.
Yet while not merely admitting. but in
sisting upon this, It is also true that
where there is no governmental restraint
or supervision some of the exceptional
are for the common good. but in ways
which tell against this common good
,1rthnes amassea yest
such power in those that WELD them. as
to make it a matter OF necessity to give
to the sovereign-that is. to the Govern
ment, which represents the people as a
wholesome effective power OF supervis-
insure healthy social and industrial life.
every big corporation should be held re.
sovereign sovereign 81 Strong os Ua enough ~ to Control m its
conduct. am In no sense hostile to cor
porations. This is an age Of combination,
and any effort to prevent all combina-
end vicious, because Of the contempt for
evitably produces we should, moreover.
reeognize in cordial and ample fashion the
agencies in country such as ours. and
the wealth OF intellect. energy. and fidel-
ny. My uev0red 10 tnelr service ana mere mere
by their officers and directors. The cor
poration has come to stay. just as the
trade union has come to stay: Each can
do and has done great good. Each should
be favored SO long as 1t does good But
each should be sharply checked where it
acts against law and justice.
The President shows the impossi-
bility of the individual states deal
ing successfully with corporation
greed. and the necessity of comforting
power upon the general government
even to the extent OF a proper amend
ment to the constitution. He says:
1t has been misfortune that the
national laws on this subject have hither-
to been Of a negative or prohibitive rather
than an affirmative kind. and still more
hibit what could not be effectively pro-
hibited. and have in part in their pro-
allowed and what should not be allowed
IT Is generally useless to try to prohibit
all restraint on competition. whether this
Seneraiy @ ef surtfu E%an,s nos nsfaess saSs shows
secure the enforcement OF any law OF this
Kind by incessant appeal to the courts.
last four years devoted more attention
to the enforcement of the antitrust legis-
been accomplished: particularly marked
has been the moral effect of the prosecu-
here viii vii be veTy sSdsms
The successful prosecution OF one device
TO evade the law Immediately develops
another device to accomplish the same
purpose; What is needed is not sweeping
prohibltion OF every arrangement, good or
bad. which may tend to restrict competi-
tion. but such adequate supervision and
OF competition from being to the detri-
ment of the publc--as well as such
SspsrvisiSn Ssps o,hon and regulation as win pre-
With restriction OF competition
The nrst consideration to be kept In
mind Is that the power should be affirm
ative and should be given to some ad-
ministrative body created by the Congress.
II given to the present Interstate Com.
Interstate Commerce commission. such
commission should be made uneauivocally
administrative. l do not believe in the
government interfering with private bust
ness more than Is necessary. l do not
believe in the government undertaking
left In private hands. But neither do
believe In the government finching from
evident that abuses are sure to obtain
therein unless there is governmental
indicate the exact terms ofsthe law which
should be enacted: but call the attention
ditions with which II is desirable TO deal.
In my Judgment the most important pro-
vision which such law should contain
administrative body the power to decide,
upon the being brought before II.
road is reasonable and Just, and II il is
found to be unreasonable and unjust.
piaint 10 prescribe the limit OF rate
beyond which 1t shall not be lawful to go
the maximum reasonable rate. as IT is
commonly called-this decision to go into
effect within a reasonable time and TO
obtain from thence onward, subject 10
pens at present. not that a rate is too
high but that favored shipper IL given
sion ow woa,u have the r,sSi g 'ne o G8 x mis-
already established minimum rate as
the the, maximum maxim and IT. would need need
by the commission to cure railroad com
panies OF the practice OF giving improper
the fact that my proposal is not to give
the commission power TO initiate or
arendy or to 2 sss
roads upon complaint and after investi-
sa!ion. heavy penalty should be eS-
regard this power to esta a maximum
real reform In tho matter of railway
regulation. The first necessity is to se-
commssion com Is ' there % is little s use in touehr TO e
Ing the subject at all.
Continuing. the President earnestly
disclaims any spirit of hostility TO
the railroads, pointing out the bene-
fits to be derived by the fair-dealing
roads In the even-handed administra.
tion OF justice. In this both the hon.
est railroad man and the honest ship.
per nike would be benefited. Ending
the subject, the President says:
The question OF transportation lies at
the root OF all indus< Iai success, ana the
revolution In transportation which has
taken place during the last half century
Ia mi lIvnra A NJ fnHl. ls.s 10.
growth OF the new industrial conditions.
Most einphaiicaily we do not wish to see
the man OF great talents refused the re.
ward for his talents. Stiii less do we wish
10 sec him pcnalixod: but we do desire To
SEQ the. system of railroad transporta tion
NO handled that the strong man shall be
given no advantage over the weak man.
We wish to insure as fair treatment Tor
the small town as for the big city. for the
amnll nhlnper AS for the big nhinncr. In