Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-12-05

where there is no governmental restraint
or supervision some of the exceptional
men use their energies not In ways that
are for the common good, but in ways
which tell against this common good.
The fortunes amassed through corporate
organization are now so large, and vest
such power in those that WELD them,
as to make ii a matter of necessity to
give to the sovereign-that is to the
government, which represents the people
as a wholesome effective power of su-
order to insure healthy social and in
dustrial life, every big corporation
should be held responsible by, and ac-
countable to, some sovereign strong
enough to control its conduct. | am in
no sense hostile to corporations. This is
an age of combination, and any effort to
prevent all combination will be not only
useless, but in the end vicious, because
OF the contempt for law which the fail
ure to enforce law inevitably produces.
We should, moreover, recognize I'm cor
dial and ample fashion the immense
good effected by corporate agencies in a
country such as ours and the wealth of
! intellect. energy, and fidelity devoted to
! their service, and therefore normally to
the service of the public, by their off
GERS and directors. The corporation has
come to stay, Just as the trade union
mas come to stay. Each can do and has
| done great good. Each should be favor
| ed as long as IL does good. But each
should be sharply checked where il acts
| against law and justice.
|
/ are Kept upon an honest basis no other
| question of internal economy with when
the congress has the power to deal be-
gins to approach in Importance the mat
ter OF endeavoring to secure proper in
| dustrial conditions under which the in
| dividuals-and especially the great cor
/ porations-doing an interstate business
\ are to act. The makers of our national
constitution provided especially that the
| rgulation of interstate commerce should
4 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 strong
| er today, in view of the enormous de-
| Nelopment of great business agencies
usually corporate in form. Experience
3 mas SHOWN ConclusiVely that it Is useless
/ TO try to get adequate regulation and
supervision of these great Corporations
by state action. Such regulation and
/ supervision can only be effectively eXer-
| cised by sovereign whose Jurisdiction
Is co-eNtensive with the field of work
OF the corporations-that is, by the ma
uonal government. / believe that this
regulation ana supervision can be ob,
talned by the enactment of law by the
| congress 4 this proves impossible. il
VIII certainly be necessary ultimately
to confer in fullest form such power up.
on the national government by a proper
amendment of the constitution 1t would
obviously be unWise to endeayor 10 Sc.
cure such an amendment until 1t is Ger.
tain that the result can not be obtained
under the constitution as IL now is The
laws OF the congress and of the severa
states hitherto. as passed upon by tbs
courts, have resulted more often IN
showing that the states have no power
in the matter than that the nationa
government has power; so that there a.
present exists a very unfortunate con
ditiOn of things under which these grea
corporations doing an interstate business
occupy the position of subjects without
a 81 Vereign, neither any STATE govern
ment nor the national government hav
ing effective control over them. GU
steady aim should bC by legislation, eau
tiously and carefully undertaken, bu
resOlutely perseVered in, TO assert tn
sovereignty Of the national goyernmen
by affirmative action.
Legislation Not Innovation.
This is only in form an innovation
In substance il Is merely restoration
for from the earliest time such reEula
ton of industrial activities has been re
cOgHizcd in the action of the law making
bodies, and all that l propose Is to NEE
the changed conditions in such manne
/ as will prevent the commonwealth alb
diCating the power it has always pos
scssed, not only In this country but als
i'm England before and since this cOuntr,
I became a separate nation.
II has been a misfortune that the ma
tional laws on this subject have hitheTt
been of negative or prohibitiye rathe
than an Affirmative kind, and still NOR
: that they have In part sought TO PRO
! hibit what could not be effectively pro
hibited, and have in part In their pro
lowed and what should not be allowed
3 II is generally useless to try to prOhlbi
, all restraint or competition, whethe
this restraint be reasonable OF unreasOn
E able, and where IL IS not useless II
l generally hurtful Events have show
: that IL Is not possible adequately to Sc
/ cure the enforcement of any law O
this kind BY iuCessaut appeal 20 IN
courts. The department Of justice ha
81 for the last four years devoted more al
I tentiou 10 the enforcement of the anti
! trust legislation than 10 anything else
! Much has been accomplished; partlCu
Harry marked has been the moral eteC
| Of the prosecutions: but II Is increas
inglv evident that there will be a yer
inefficient beneficial result In the way q
! economic change. The successful pros
/ ecutiOn Of one device 10 eyade IN
ilaw Immediately develops another dc
vice 20 accomplish the same purpOs
What is needed IS not sweeping prob
bition of every arrangement. good
had which NAV tend to restrict CONNIE
titiou. hut such adequate superyisio
striCtiuu OF competition from being I
the detriment Of the puhliC-as wei 2
such supervision and regulation aS VI
! nreNe0t other abuses In no way cor
| rsrtcd with restriction Of connection
NJ these abuses. perhaDs the chief. a
though nv no means the only one
over on ali7atiOn-gencrallv itself N
| result of dishonest promotion-brC1uee
the wvriad evils II brings In irs tr7iT
e for such Over-capit al'2atiOn often NEAR
an imitation that invites business Dqni'
IL always conceals the true relation