Evening star., 1907-08-20

a criminal proceeding against some rich
severely TO be condemned from the moral |
and social standpoint, but no one Of whose |
actions seems clearly to establish such |
technical guilt as will insure a conviction |
AS matter of expediency. in enforcing the
law against a great corporation, we have
continually to weigh the arguments pro and
con as to whether a prosecution can sue
cesSfully be entered into, and as to whether
We can be successful in a criminal action
against the chief individuals in the corpora
ton, and If not whether we can at least be
successful in civil action against the cor
pOration itself. Any effective action on the
part of the government is always objected
to, as a matter of course, by the wrong
doers. by the beneficiaries of the wrongdo
erS and by their champions, and often one
or the most effective ways Of attacking the
action of the government is by objecting
to practical action upon the ground that 1t
does not go far enough. One of the favor
lite devices of those who are really striving
to prevent The enforcement OF these laws
is to clamor for action Of such severity that
1t cannot be undertaken because 1t Will be
certain to fail If tried. An instance of this
is the demand often made for criminal
prosecutions where such prosecutions would
be certain to fail We have found by actual
experience that a jury which will gladly
punish corporation by fine for instance,
Will acquft the individual members of that
corporation If we proceed against them
criminally because of those very things
which the corporation which they direct
and control has done In a recent case
against the licorice trust indicted and
tried the two corporations and their re-
spective presidents. The contracts and other
transactions establishing the guilt of the
corporations were made through and so
far as they were in writing were signed by
the two presidents. Yet the jury convicted
Ihe two corporations and acquitted the two
men Both verdicts could not possibly have
oeen correct, but apparently the average
1uryman wishes to see trusts broken up |
and Is quite ready to fine the corpora ton IT.
hui iS vHaI g.
proven beyond reasonable doubt when
1t comes to sending to Jail reputable !
member of the business community for do |
ing what the business community has un-
happily grown to recognize well-nigh |
normal in business. Moreover, under the !
necessary technic llites of criminal pro-
ceedings. often the only man who can be
reached criminally will be some subordi- |
nate who IS not the real guilty party at all |
Wealthy Criminals.
Many men of large wealth have been
guilty of conduct which from the moral |
standpoint is criminal. and their misdeeds
are to a peculiar degree reprehensible be-
cause those committing them have no ex-
cuse of want. of poverty, of weakness and
ignorance to offer as partial atonement
When In addition to moral responsibility
these men have legal responsibility which |
can be proved so as to impress judge |
and jury, then the department will strain |
every nerve to reach them criminally. |
Where this is impossible then 1t will ia :e |
whatever action will be most effective |
under the actual conditions.
In the last six years we have shown that |
there is no individual and no corpora ton so |
powerful that he 1t stands above the !
possibility of punishment under the law
During the present trouble with the stock |
market, l have, of course. received count
less requests and suggestions. public and |
private that 1 should say or do something |
to ease the situation. There is a world wide |.
financial disturbance. 1t is felt in the |
bourses of Paris and Berlin, and British !
ConSols are lower. while prices of railway |
have also deprecated. On the |
New York stock exchange the distu bance
has been particularly severe. Most of it l |
believe to be due to matters not particularly i
confined to the United States, and to mat
ters wholly unconnected with any govern
mental action, but it may well be that the
of the government in which |
1t will not waver, to punish GER
tain ma!efactors of great wealth has been
responsible fo~ something of the troubles. |
at least to the extent of having caused |
these men to combine to bring about
much financial stress they possibly can
in order to discredt the policy of the gov
and thereby to secure a reversal /
of that policy so that they may enjoy the
fruits of their own evil doing. That they
have miSled many good people into belev-
ing that there should be such reversal of |
the policy is possible. If so. I am sorry.
but it will not alter my attitude. Once for
ALL let me say that as far as l am con-
Cerned and for the eighteen mont hS of my
that remain, there will be
no change in the policy we have steadily |
pursued. nor let up in the effort to secure /
the honest observance of the law. for |
regard this contest as one to determine who
shall rule this government - the people,
through their governmental agents. or
few ruthless and determined men whose
wealth makes them particularly formi-
dable, because they hide behind the breast
works of corporate organization.
As to Prosecutions.
1 wish there to be no mistake on this
point 1t is idle to ask me not to prosecute
Grim mails rich or poor. But desire no less
to have it understood that we
have undertaken and will undertake no ac-
ton of 4 vindictive type. and above all no
action which shall inflct great or unmerited
upon the innocent stockholders
and upon the public as whole Our DUR
pose IS to act with the minimum of harshness
compatible with obtaining our ends In the
man of great wealth who has earned his
wealth honestly and used it wisely we rec
ognlZe d good citizen worthy Of all praise
and respect. Business only be done
under modern conditions through corpora
tions. and our purpose is to heartily favor
the corporations that do well. The admin
istration appreciates that liberal but honest
profit for legitimate promoters and gener-
Gus dividends for capital employed either in
founding or continuing an honest business
cessful corporate activity. and therefore for
prosperous business conditions
All these are compatible with fair deal
ing as between man and man and rigid obe-
dlence to the law. Our aim is to help every
honest man. every honest corporation; and |
our policy means in. it's ultimate analysis a
healthy and prosperous expansion of bus.-
ness activities. of honest business men and
honest corporations.
l very earnestly hope that the legislation
which deals with the regulation of corpora
tions engaged in interstate business will
also deal with the rights and interests of
the wageworkers employed by those corpo--
rations. Action was taken by the Congress
last year limiting the number of hours that
railway employees should be employed The
law Is a good one; but If In practice 1t
proves necessary to strengthen It, 1t must
be strengthened. We have now secured a
national employers liability law; but ulti-
mately more far-reaching and thorough
going law must be passed. 1t is monstro1ls
that a man or woman who Is crippled in an
industry, even as the result of taking what
are the necessary lisks of the occuDation
should be required to bear the whole bur
den of the loss That burden should he dis
tributed and not placed solely upon the
weakest individual. the one least able to
carry it. By making the employer liable
the loss will ultimately be distributed
among all the beneficaries of the business
l also hope that there will be legislation