The independent. [volume] (Lincoln, Neb.) 1902-1907, 1905-12-07
PAGE 8


He recommends free trade between the Phil
jppines and the United States saying w.. The
actual benefit has doubtless been exaggerated it
will be of great importance from a political
and sentimental standpoint" and lat ut will aid
the Filipnos without endangering interests in
America"
Referring to Hawaii, he suggests that i'm
mediate steps be taken for the fortifcaton of that
island.
Touching Porto Rico, he recommends the
adoption of legislation which will explicitly con-
fer American citizenship on all citizens OF Porto
Rico" adding, there is, in my judgment, no
cuse for failure to do this
Referring to the Panama canal he says that
work is progressing, and he hopes to lay before
the congress at an early day tie findings of the
advisory board OF engineers as to the type of the
canal. He says that marked improvement has
been made in sanitary conditions surrounding
the workmen on the canal and e expects that by
the middle OF the approaching year the work of
excavation on large scale will be resumed. He
asks for prompt and liberal appropriations for
the purpose Of carrying on the canal work, ac-
cordng to the estimates provided in he report
OF the secretary Of war.
Referring In his message to the corporation
and railroad questions, the president says:
THE fortunes amassed through corporate
organizations are now large, and vest such
power in thu q that WELD then, as to make it
matter OF necessity to give to the sovereign
that Is, to the government, which represents the
people as wholesome effective power of super
vision over their corporate use
Experience has shown con lusvely that
ciusively that 1t Is useless to try to get any ade
quate regulation and supervision of these great
corporations by state action. Such regulation
and supervision only be effectively exercised
by sovereign whose jurisdiction is co-e-tensive
with the field of work Of the corporations-that
Is, by the national government believe that this
regulation and supervision be obtained by the
enactment of law by the congress- If this proves
impossible, 1t will certainly be necessary ultimate
~ to confer in fullest form such power upon the
eaof{<
the constitution. It would obviously be unwise
70 endeavor to secure such an amendment until
1t Is certain that the result can not be obtained
under the constitution as it now u.s. The laws of
the congress and of the several states hitherto,
as passed upon by the courts, We resulted more
often in showing that the states have no power
In the matter than that the national government
has power; so that there at precent exists very
unfortunate condition of things, under which these
great corporations doing interstate business
occupy the position Of subjects without SOW
ereign, neither any state government nor the
national government having effective control over
them. Our steady aim should be by legislation,
cautiously and carefully undertaken, but resolute
~ preserved in, to assert the overeignty of the
national government by Affirmative action.
This is only in form innovation. In sub
stance 1t is merely a restoration; for from the
earliest time such regulation of industrial actvi-
ties has been recognized in he action - the
law-making bodies; and all that / propose is to
meet the changed conditions in such manner as
Will prevent the commonwealth aDd1ca- ing the
power 1t has always possessed, not only in this
country but ALEC in England before and since
this country became separate nation.
1T has been a misfortune that the national
laws on this subject have hitherto been of
negative prohibtive rather than an afirma-
tive kind and still more that they have in part
sought to prohibit what uld not be eff -tivey
prohibited, and have In part In their prohibitions
confounded what should be allowed and what
should not be allowed. 1t is generally useless
to try to prohibit all restraint ON competition,
whether this restraint he reasonable un-ea-
sonabe and where II is not useless 1t is generally
hurtful. Events have shown that :. is not pos
sible adequately to secure the enforcement of
any law OF this kind by ncessant appeal to the
courts. The department of justice has for the
last four years devoted more attention to the
enforcement Of the antitrust legislation lan
to anything else. Much has been accomp ished:
narticularly marked has been ih, moral effect