The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-20

benef1ciaries of the wrongdoers. and
Dy their champions; and orten one OF
the most effective ways of attacking
the action of the government is by OBJ
IJectlng TO practical actlon upon the
ground that Ii does not go far enough
One of the favorite devices of those
who are really striving to prevent the
enforcement of these laws is to clamor
for action of such severity that 1T can
not 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 pros
ecutions would be certain to fail. We
nave found by actual experience that a
poration by fine; for instance, will ac-
quit the individual members of that
corporation if we proceed against
them criminalIy because of those very
tn1ngs which the corporation which
rheV direct and control has done. In
a recent case against the Licorice trust
we indicted and tried the two corpora
lions and their respective presidents
me contracts and other transactions
establishing the guilt of the corpora
lions were made through, and so far
as they were in writing were signed
Dy, the two presidents. Yet the jury
convicted the two corporations and
acquitted the two men. Both verdicts
could not possibly have been correct;
out apparently the average Juryman
WISHES to see trusts broken UP, and is
quite ready to fine the corporation
tselI' put IS very reluctant to ma the
Iacts proven beyond a reasonable
doubt" when it comes to sending to
Jail reputable member of the business
community for doing what the business
community has unhapp1ly grown
10 recognize as well-night normal in
business. Moreover. under the neces-
sary technicalities of criminal pro-
ceedings, often the only man who can
be reached criminally will be some
subordinate who is not the real guilty
party at all.
The Criminal Rich.
Many men of large wealth have been
guilty OF conduct which from the moral
standpoint is criminal, and their mis-
deeos are to peculiar degree repre-
them have no excuse of want. of power
~, OF weakness and ignorance to offer
as partial atonement When in addi-
tlon TO moral responsibility these men
be proved SO as to impress a judge and
jury, then the department will strain
every nerve to reach them criminally
Where this is impossible, then it will
fective under the actual conditions.
In the last six years we have shown
that there is no individual and no cor
poratlon SO powerful that he or 1t
STANDS above the possibility of punish
ment under the law.
During the present trouble with the
STOCK market, I have of course received
countless requests and suggestions,
pubic and private, that l should say
something to ease the situation. There
is world wide financial disturbance.
1t is felt in the bourses of Paris and
Berlin and British consols are lower,
while prices of railway securities have
also deprecated On the New York
stock exchange the disturbance has been
particularly severe, most of it, 1 believe
to be due to matters not particularly
confined to the United States and to
matters wholly unconnected with any
governmental action, but it may well be
that the determination of the govern
ment in which gentlemen, it will not
WAIVER, to punish certain malefactors of
great wealth, has" been responsible for
something of the troubles at least to
the extent of having caused these men
to combine to bring about as much
financial stress as they possibly can in
government and thereby to secure a re-
versal of that policy so that they may
enjoy the fruits of their own evil do-
ings. That they7haVe misled many good
be such reversal of policy is possible.
If so, 1 am sorry, but it will not alter
my attitude.
Once for all, let me say that, as far
as l am concerned. and for the Is
months Of my administration that re-
policy We have steadily pursued, nor
let up in the effort to secure the hon
est observance of the law. for 1 re-
gard this contest as one to determine
people through their governmental
agents or a few ruthless and determin-
ed men, whose wealth makes them
particular formidable because they are
behind breastworks Of the corporate
1 wish there to be no mistake on this
point. 1t is idle to ask me not be
criminals, rich or poor. But
desire no less emphatically to have it
that we have undertaken
and will undertake no action of a vim
licative type and above all no action |
which shall infiict great or unmerited |
upon the innocent stockhold- |
ers and upon the public as a whole. Our |
purpose is to act with the minimum of |
larshness compatible with obtaining |
our ends. In the man of great wealth |
who has earned his wealth honestly and |
lsed it wisely we recognize a good citi- |
zen, worthy of all praise and respect |
Business can only be done under mod |
>rn conditions through corporations and |
our purpose is to heartily favor the |
corporations that do we'll. The admins |
ration appreciates that liberal but hon
st profits for liberal capital employed |
either in founding or continuing an |
honest business venture are the factors |
necessary for successful corporate ac-
fvity and therefore for. generally pros /
3erous business conditions. All these |
ire compatible with fair dealing as be- |
ween man and man, and rigid obedi- |
.nce to the law. Our aim is to help
very honest man, every honest cor
ooration and our policy means in it's
Ultimate analysis healthy and pros
,erous expansion of business activities,
# honest business men and honest cor
)orations.
1 very earnestly hope that the legis-
alton which deals with the regulation
II corporations engaged in interstate
business will also deal with the rights
md interests of the wageworkers en-
1Ioyed by those corporations. Action
vas taken by the congress last year
Uniting the number of hours that