The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-27
GREAT LAWYERS Of THE
UNITED STATES MEET
Continued from Page /.


ted by comparatively few. But those
charged with this duty both because Of
official obligation and from love of
country, were not permitted to work
out these problems thus presented in
that quiet and orderly way which
should characterize a government Of
law.
Opportunity of Demagogues.
Indeed. when they had scarcely be-
gun the task which the situation de-
volved upon them. the demagogues of
the country, seeing their opportunity.
seized it. They filled the land with de-
nuncfatfon, not only Of those who had
been wrongdoers, but of ali corporate
interests Of every kind. 1t mattered
not to them that the great trunk lines
or railroad contributing so largely to
the magnificent and uniform develop
ment of the country, the street sur
face railroads, adding so largely to the
comfort and convenience Of a vast con-
t1ngent OF our population, the great
manufacturing plants, bearing their
part in making up the wealth of the
people, and many other industries re-
quirtng large amounts of capital. could
not have been built at all but for the
device OF the corporation, which had
enabled hundreds, and in some in
stances hundreds of thousands of per-
sons TO unite in the construction and
operation of a single great undertake
ing. For their purpose was not the pa
trlot1c one of discovering and applying
remedies. Instead they sought power
political leadership and office. They
sought them for selfish advantage, not
Tor the public veal Therefore they
hesitated not because injustice. would
inevitably result from their fOrays
against all wealth, whether honestly or
dishonesty gained, whether employed
for public good or public harm.
Federal Control.
Remedies, of course. they proposed,
Tor the politician cannot succeed by
pronunciation alone. Some of them, ap-
parently obliviOus of the fact that the
powers conferred upon congress by the
FEDERAL constitution are enumerated
powers, and that all other powers are
by that instrument reserved TO the
states and to the people, professed TO
see in the assumption of federal con-
troll of corporations, the true remedy
These were divided into two principal
classes. The first, and by far the
larger class, insisted that through the
commerce clause of the constitution,
congress could devise a plan by which
1t could take control of the insurance
companies, trust companies great
railroad and other corporations. In
this manner congress could relieve the
states of their several duties and obli-
cations to their own creations, and at
the same time effectively relieve such
corporations from state control. In
that class, in addition to the political
leaders and other well-meaning per-
sons who had not especially studied
our constitutions, both federal and
state, we're to be found some who were
interested officially in insurance, rail-
road and other corporations.
In the second class were to be found
those who, while not disagreeting with
the first class in the assumption that
congress possesses the power by the
commerce and post road provisions of
the constitution, to centralize the
greater portion of powers of govern
ment in the federal government, never
theless insisted that the remedy thus
proposed was not broad enough. With
them the remedy of remedies is for the
federal government to acquire the rail-
roads and operate them.
Power of the States.
There We're those, however, who,
mindful of the limitation of the pow
ers of congress and appreciating the
wisdom Of the fathers in securing 10
the states local self government, wise
ly took the ground that if the states
had failed in the performance of duty.
they should now proceed to repair such
neglect. This class can be subdivided
into two parts, the first embracing
those who deemed it wise to study the
situation deeply, 10 provide for the iIr-
mediate trial of existing remedies. and
If the law be found inadequate in any
respect, then to supplement it by such
other statute or statutes as should be
found needful. The second class, COM
posed of adherents to the power and
duty of the state, opposed the slower
and safer method of those who pro-
posed to look before leaping, and loud
ly proclaimed the necessity for legis-
latiOn that should tear up that which
is, both root and branch, and start
anew.
Work of Legislatures.
In the circumstances to which ]
have of necessity made but brief and
inadequate allusiOn. the legislatures of
many of the states assembled. That
the majority of their members were
animated by good purposes, l doubt
not. Naturally they wished to meet
what seemed to them the honest de-
sire Of their constituents, that all
abuses be remedied. But the majority
had neither the time nor the training
to enable them in one short session,
crowded with hundreds of bills, to go
to the bottom of so vast a subject
Hence they were unable to say wheth-
er certain abuses were due to the in
adequacies of law or to the failure of
the authorities to enforce the law. Nor
had they opportunity to make such
study of the bills presented as would
enable each to determine for himself
whether each bill was needed or
whether it was prepared on right
lines. In support of that assertion,
direct your attention to the fact
that over twelve hundred bills were
passed by the legislature of my own
state, although asa of them were pre-
vented from becoming laws by ad-
visory or other action on the part OF
the governor. What a commentary on
hasty legislation is to be found in the
action Of governor who keeps nearly
five hundred bills from becoming laws,
And the speaker of the assembly
which passed all these bills, as he sur
veyed the winters work from a Chau-
tauquan platform, said: 1T is a ter