The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-26
POLITICAL GOSSIP
w. B. Stubbs Again Takea
Another Shy at Naggener.
UphOids His Contention About
Federal Charter.
HE FINDS AUTHORITY.
Quotes Senator Newlands and
Others on Question.
Never Has Owned Rock Island
Stock or Bonds.
IE FINDS AUTHORITY.

few days ago when Bale Waggener
was in Topeka he said:
Stubs is a little slow in his COM
munications. He has to get one man to
write the literary parts and another TO
write the legal parts, and It takes some
time to get the material together and
compile 1t. I am still waiting for him
to explain how the government viii be
able to put the federal charter scheme
into operation
Mr.. Stubbs has come to the front with
another letter now. answering Wag-
| gener's request for information about
the federal charter scheme. Mr.. Stubs
does not quote any reputable lawyer
| for his opinion, as Waggener requested.
1 but he quotes a number OF statesmen
! This is Stubbs' letter.
+ The corporations through one OF their
4 attorneys have issued a 1naI edict
against the federal charter for corpor-
/ ations engaged in interstate commerce.
and without giving one single authority
| against such a law have pronounced Il
unconstitutional, claiming there IS no
room for argument on that point and
/ that every lawyer, every business man
and every farmer knows 1t.
This worthy public servant. who IS
also a faithful servant OF the corpora
! tions, admits that his mission IN dis
cussing this question is solely and only
I for the purpose of exposing a deIna-
! gogue, which seems a worthy and lau-
/ dable purpose, and must confess that
/ it is more than kind of the corporations
I of Kansas to employ 3 big Drained, big
( hearted statesman to protect the People
/ from demagogues. But why not at the
same time cite them to some recogniz-
ed authorities which prove that the fed
erai charter would be unconstitutional
/ The opinion Of a great man, WHOSE
/ bread and butter depends upon faith
ful service to the corporations, might be
! preJudiced, even If he we're entirely
! honest In regard to a problem where
/ his employers have enormous financial
interests involved.
1T is indeed strange how great minds
differ on these public questions have
a personal letter from a man who is a
| lawyer and tatesnar of national I'M
! of his party III his state whose station
/ in life would make an ordinary cor
poration attorney look like a dwarf In
/ Comparison who says go ahead and
warmly commends the work am try
/ ing to do, and does not question the con-
/ stitutionality of such a law.
zone Of the ablest and most careful
4 students Of public questions in Missouri
1 told me he regarded the conditions and
! form of the federal charter law which
/ I have suggested as the soundest, the
simplest and most practical remedy for
effective control Of interstate corpora
/ tions that he has ever heard proposed
After the publication Of my articles
/ on this subject received q large NUM-
ber Of printed copies of addresses and
arguments a which, in my opinion fur
nish conclusive evidence that such
| law would be constitutional, practical
| and desirable.
Judge Selden P. Spencer of St Louis,
a iurist and lawyer of national reputa-
ton. in an address delivered before the
/ joint meeting of the bar associations OF
Texas and Arkansas said.
| For over forty years OF their his
/ tory the railroads of this land have
been free from regulation on the part
/ of the state and for over ffty-seven
! years free from regulation on the part
/ of the federal government. and SO long
accustomed to unbridled license II may
| be natural enough, but IT IS no less
wrong. for them to believe that tne1r
rights are infringed when regulation
] is proposed and that therefore they
4 may exade and disregard the law
They may yet learn by more bitter
/ experience that in our jurisprudence
there can not be g vested right IN
wrong Nor less ridiculous is It for
them to vehemently assert when seek
ing either reduction in taxation or
/ greater exercise of the right OF emf
nent domain how public is the chaTac-
ter of their service and how useful and
servient It is TO the people. only to
deny with even greater vehemence
! that same public character IN service
when state or federal regulation or
supervision is suggested Better far
were the banking institutions of this
/ land advised by our profession. Once
/ they were active in politics. opposing
/ by every means in their power any
attempt to regulate or supervise them.
/ "Credit" said they. sis too fragile q
/ thing for publicity They are now
where every public or quasi-public
/ corporation ought to be. out Of poll
tics, obedient to the law and prosper
ling under the very regulation which
once they fought and which. by reason
of their acquiescence, has developed
mot into a whip to punish or drive
| them, but as the result of conference
and consent. into q means to increase
their stability and usefulness
''Judson. a standard authority on In
terstate commerce and its federal reg
ulation, In discussing federal charters
for corporations engaged In Interstate
| commerce. says:
. The adoption of federal charters
could doubtless be made effective
through the exercise Of the federal
power OF taxation as the same power
| was effective in the Establishment Of
the national banking system. Up. IS,
| Judson on Interstate Commerce.
! Senator Newlands, before the COM
| mittee on interstate commerce said:
:. OF course, we cannot compel these
roads to accept a national charter but
/ we could By law prevent them from
engaging in interstate commerce unless
they accepted national charter. AS
/ three-fourths of their business Is in
terstate, it IS clear that self-interest
| would compel the roads under such
conditions to accept a national char
ter
president Roosevelt on December
IL 1864. transmitted to the senate and
/ the commissioner OF corporations. On
pa1 g. in discussing the corfstft1~