Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1907-09-19
ACHIEVEMENTS OF THE LATTER
ONLY POSSIBLE DEFENSE.
A NATIONAL LICENCExLAW
Advocated by Frank Hendrick in an
Address Before American Social
Science Association-PenaIty for
Failure to File Would Attach Auto
matically.

Buffalo. N, Y, Sept 1S.-"Never
was the American system of govern
ment by law under written consti-
tuition more seriously threatened with
eclipse or its necessity to popular
government more clearly shown than a.
the present time. There are two
forces supporting, in the name OF
law, conflicting errors. On the one
side are the policists. On the other
side are the reactionaries. Both pro-
pose to restrict the exercise of the
power Of the judiciary, and particu
larly OF the Federal judiciary. 1t Is
not necessary to deny that well-in-
tentioned, and to that extent, we'll
advised executives who are policists
have made commendable efforts to-
ward regulation through the courts.
Their achievements by this method
take away the only possible defence
of their policies"
Such was the declaration made by
Frank Hendrick in an address to the
American social science association
continuing, Mr.. Hendrick said:
"The experience of Massachusetts
illustrates the true nature of com
mission, the positive force that a
knowledge of facts given to the sense
of justice of the community, and the
real bond of interest that unites pri-
vate enterprise with the general pub
lie. In Massachusetts,, control has
been in every way as near perfection
as IL now seems possible for human
institutions TO achieve. The New
York public service law, recently
passed. but for Inconsistencies of form
and empty and misleading phrases pre-
tending to confer power, which may
cause 1t to be declared unconstitu-
tional, would be an ideal statute. The
commissions order is really recon-
mendation, and the act may be worked
exactly as In Massachusetts,, where
the three departments of government
stand behind the commission; the ex-
ecutive ready to bring an action
through the attorney-general; the
legislative ready TO enact the recon-
mendation into law; the judiciary
ready to make decree on the COM
plant of n citizen or of the attorney
general upon either the common law,
the recommendation, or the statute.
THE recommendation, based as 1t
is not upon arbitrary power but upon
work and knowledge, Is always heed
ed, and tyranny and contention are
replaced by Cancellation and co-opera-
ton. The attorney general no longer
stands between the people and the
courts. The avoidance by Governor
Hughes of the innumerable pitfalls
which lie before the progressive execu-
tive who attempts to assert the rights
of the public against corporations,
into which, moreover. others have
precipitated themselves with evident
enjoyment. gives good reason TO hope
that the political revolution which he
has initiated In New York state win
be indeed consummated Policies that
give no ground for reaction are the
basis of the wonderful progress toward
self-government the empire state has
witnessed In the last eight months. $
Mr.. Hendrick favored n national
corporation license law. He said that
the requirements by congress that a
corporation. as a condition to the ex-
ercise of its undouhted right to en-.
gage In Interstate commerce.. file the
terms OF its contract of incorporation
ut Washington. does not limit its right
but protects the right of all against
contracts latent in the charters of
large corporations under the guise of
power to purchase stock In corpora
tons. Incorporated in different states
under the theory of gifts from the
state" The existence of these dummy
corporations is for the sole purpose
field under permission of State laws TO
make a statewide restraint in each
state. The taking of national IL
cense makes the gift from the state"
theory appear what II really is, an
empty pretense for immunity fro.n
national laws Furnishing restraint of
Interstate commerce The penalty
for failure to file attaches automat-
ically as in the states, where this act
alone is required as the fetal OF re-
straint upon freedom OF incorpora-
ton. and the requirement by the Fed
eral government involves only the In
eligibility of the corporation 10 sue
in the federal courts.
In conclusion he said: I'VE cannot
predict when the people will be salts.
fed TO support only men who direct
the power of popular government
within the limits of constitutional
warrant and with skill, industry. and
paPSse. demonstrative only in the re-
suit. but II is safe % prophesy that
the constitution and the judiciary win
be working in the old way, selecting
from enactments for enforcement that
which Is law. when policists and re-
dictionaries, and the new theories OF