Los Angeles herald., 1906-03-25
THE PRESIDENT AND JUDGE
PARKER

When in the 1904 campaign Judge
Parker ventured the opinion that the
common law, If honestly administered,
could have curbed the trusts and that
the men in power had failed to do
their duty President Roosevelt instant
ly rebuked him for not knowing better
and even brushed aside some trouble
some court opinions to make the way
clear.
Republican newspapers Joined In a
chorus of approval, and Judge Par
ker's voice was drowned in the hoarse
shouting of the last days of that mem
orable campaign-a campaign, by the
way, that was characterized, on the
Republican side, by unholy contribu-
tions.
But now comes the supreme court
and declares-as in the case of the to-
bacco and paper trusts-that dragnet
investigation can be started by grand
juries as to the conduct of any trust
and with even inquisitorial powers;
and, with no formal proceedings be-
gun, can compel the production of per-
sons and papers. Here is the clean and
wholesome doctrine proclaimed in the
court in a recent case:
"The individual may stand upon his
rights as n citizen, but the corporation
is n creature of the state. 1t is presumed
to be Incorporated for the benefit of the
public. Its powers are limited by law.
1t can make no contract not authorized
by its charter. Its rights to net as n
corporation are only preserved to 1t SO
long as 1t Obeys the laws of its creation.
There is reserved right in the legis-
lature to Investigate its contracts and
find out whether 1t has exceeded its
powers. 1t would be n strange anomaly
to hold that a state, having chartered
corporation TO make use of certain
franchises, could not, in the exercises of
its sovereignty, inquire how these fran
chises had been employed and whether
they had been abused. and demand the
production of the corporate books and
papers for that purpose"
1t is hoped there are at least few
people in this country who will not
fail to recant the abuse heaped upon
Democrats in 1904 who chose to believe
in the constitution.
More than that, the declaration of
the supreme court distinctly empha-
sizes the claim made by Democrats
and frequently by The Herald-that
the people of the United States have it
in their power, through the persons
they elect to office, to dissolve every
trust in this country without the enact
ment of another line of law than is
now in force.
By this The Herald does not mean
to say that more law is not needed in
order to redress certain wrongs and
correct certain evils. A freight rate
regulation bill is a necessity of the i'm
mediate future in order that the best
interests of the people may be served.
But so far as the actual dissolution of
trusts is concerned the supreme court
has declared the people have already
ample power to act.
The remedy for trusts is in the peo-
pies hands. Their mistake has been
made in electing to office the agents of
predatory wealth who in consequence
failed to enforce the law. 1t is mat
ter of enforcement, not of enactment.
The result of the insurance investiga-
tion begun by the New York legisla-
ture, and the Standard Oil inquiry, be-
gun by the attorney general of Mis-
souri,, abundantly shows what can be
accomplished by officials who are de-
termined-no matter from what mo-
tive-to enforce the law and do their
whole duty The fact that certain great
captains of industry are today prac-
tically fugitives from justice is an il
lustration of the powers of the people.
Honest men in ice-representatives
of the people, instead of agents of cor
porations-is the quickest and most eff
fective path to successful trust