The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-09-16
SECRETARY
SHAW SPEAKS
IN MEMPHIS
Continued from First Page.)

Continued from First Pase.)
gets that something may be expected
from the enforcement of the criminal
provisions of the Sherman antitrust
law. While the effect of a criminal
conviction, followed by imprisonment.
is always wholesome, it is well for US
who analyze the practicability OF pro.
posed remedies to remember that the
civil provisions of the antitrust law
can be established and enforced by a
mere preponderance of evidence, while
no punishment for crime can be i'm.
posed until the essential facts consti-
tuting the crime are proven beyond
reasonable doubt as found and re-
turned in the verdict of jury. The
difficulty in enforcing the Sherman
act does not lie so much in applying
its provisions after a case has been
proven as in obtaining evidence suffi-
cient to prove a case.
He then boldly states that the en-.
forcement of existing laws is not sufft
cient, and adds, 1.-THE Democratic
party must be prepared to propose
new and efficient legislation" and
proceeds to suggest what has been Of
ten suggested before:
ut is worth WHILE" he says, "to
consider whether a blow may not be
struck at trusts by law making it
illegal for the same person to act as
director and officer of two corpora
tons which deal with each other or
are engaged in the same general bus.
mess"
Mr.. Bryan then reverts to the Dem
ocratic platform of 1900, and an
nounces "as a still more far-reaching
remedy" a law requiring corporations
to take out Federal license before
engaging in interstate commerce, and
adds that "this remedy Is simple and
easily applied" He further says:
1T is far easier to prevent monOp-
oily than to watch 1t and punish 1t, and
this prevention can be accomplished
in a practical way by refusing Ii
cense to any corporation which con-
trolls more than a certain proportion
of the total product; this proportion
to be arbitrarily fixed at a point which
will give free operation to competi-
ton"
Thus he has found a remedy which
he asserts is simple and easily ap-
Piled" and one that will accomplish
the prevention of monopoly" He
spurns the thought of controlling
curbing or restraining the evil, but
proposes by single enactment abso
lutely to exterminate the last sugges
ton Of ravage on the part of predatory
capital. Will his panacea stand analy
sis?
Colonel Bryan's panacea may SOUND
we'll in a Democratic platform, but al
first blush it does not appear quite sc
inviting as a part of the statute law
OF the land.
Before the remedy afforded by &
Federal license can be applied either
by refusal to grant or by cancellation
after it has been granted, it manifest
ly will be found necessary to establish
the fact by competent evidence tina
the concern actually controls or il
seeking to control such portion OF &
commodity, whatever it may be, as viii
permit it at least to influence If no
dictate the price.
The returned champion of a new
civilization then reverts to railroad
. abuses, and recommends that al
trunk lines be acquired and managed
by public officials, and local fines b!
the several states. I'm those states
where the people are ripe for the
change" he says, 'the local lines cal
be purchased or new lines built a
once" He frankly admits that thu
American people may not be read!
for government ownership OF trunl
lines and state ownership of loca
, lines, but he thinks both necessar.
, and inevitable. He is not sure that ;
. majority of his own party yet favor
!. such a revolutionary measure, and n
thus holds out to his political asso
!. ciates the hope that he may consen
that the platform on which he is 81
, soon to make his third campaign
I shall be silent on the subject.
t IF an appointive board has tn
r power" he says, ito fix rates ant
D can 10y the exercise of that power in
crease or decrease by hundreds o
!. millions of dollars the annual reven
! ues of the railroads, will not the rail
roads feel that they have a large pc
cuniary interest in the election of
:. president friendly to the railroads?
/ If he were wholly frank, he nigh
have said. and with greater force, 81
4 an appointive board, removable b,
. the Executive, can fix rates, and b,
, the exercise of that power increase o
: decrease by hundreds of millions o
: dollars the revenues Of the railroads
and can also increase or decrease, t
!. the limit of judicial forbearance, tn
rates to be paid by each and ever,
community between the seas, may no
, some Executive who is both ambi
. tious and INSCRIPTIONS, by the exer
else of that imperialistic power, pei
, petuate himself In office to the day o
: his death, and then in effect bequeatl
i to whom he will?" Possibly it was II
part to prevent contingency Xix
this, when, perchance, some man o
the type / have described, shall b
. elected president, somewhat liberia
court review was provided in the rat
bill
Unless Colonel Bryan's fears tina
some Chief Executive may abuse tn
. discretion lodged with him under tn
rate bill are groundless, then wha
might We not fear should the nearl,
ten thousand officials and nearly
million operatives Of trunk lines Q
.. roads be made either subject 7