The Washington herald., 1907-08-21

!.
he shall be counted a good citizen. no
matter how infamous the life he has
/ led no matter how pernicious his doc
trines or his practices. This is the view
announced from time TO time with clam
orous insistence, now by group OF pred
atory capitalists, now by group Of
sinister auarchistic leaders and agitators,
whenever a special champion of either
class. no matter how evil his general
/ life, is acquitted of some one specific
| crime Such a view is wicked whether
applied 10 capitalist or labor leader, to
rich man or poor man. But we have to
take this feeling into account when we
are debating whether Il is possible to get
/ a conviction in a criminal proceeding
against some rich trust magnate, many
OF whose actions are severely 10 be con-
demned from the moral and social stand
point. but no one Of whose actions seems
! clearly 70 establish such technical guilt
as will insure a conviction. AS a mat
| ter OF expediency, in enforcing the law
against q great corporation. We have con-
t!nually to weigh the arguments pro and
con as to whether a prosecution can sue
! cessfui!y be entered into and as 20
whether we can be successful in a Grim
/ inal action against the chief individuals
| in the corporation, and, II not whether
We can at least be successful in a civil
action against the corporation itself.
ANY effective action on the part OF the
government is always objected 10, as
a matter Of course, by the wrongdoers.
by the benefciar!es OF the wroHgdoers
and by their champions. and often one Of
the most effective ways Of attacking the
action Of the government is by objecting
to practical action upon the ground that
Il does rot go far enough. one OF the
favorite devices Of those who are really
striving TO prevent the enforcement Of
these laws is 10 clamor for action of such
severity that II can not be undertaken
because IL will be certain 10 fail II tried
An instance Of this Is the demand
often made for criminal prose
cutions where such prosecutions
would be certain to fail We have
found by actual experience that a jury
which will gladly punish a corporation
by fine, for instance, will acquit the IN
dividual members Of that corporation II
we proceed against them criminaIly be-
cause Of those very things which the cor
poration which they direct and control
has done. In a recent case against the
Hcorice trust we indicted and tried the
two corporations and their respective
presidents. The contracts and other trans
actions establishing the guilt or the cor
porations were made through. and SO
far as they were in writing were signed
by the two presidents. Yet the Jury
convicted the two corporations and ac
Quilted the two men Both verdcts could
not possibly have been correct; but an
parently the average juryman wishes to
see trusts broken up, and is quite ready
to fine the corporation itself, but Is very
reluctant TO find the facts proven be
yond reasonable doubt" when il comes
70 sending 10 jail a reputable member Of
the business community for doing what
the business community has unhappllv
grown to recognize as well-nigh normal
in business. Moreover, under the neces-
sary teChnicalities OF criminal proceed
ings, often the only man who can bo
reached criminally viii be some subordi-
nate who IS not the real guilty party at
all.
Determined to Enforce Law.
Many men Of large wealth have been
guilty Of conduct which. from the moral
standpoint is criminal, and their mis-
deeds are 70 a peculiar degree repre-
hensible, because those committing them
have no excuse Of want, OF poverty Of
weakness and ignorance to offer as mar
tial atonement. When in addition 70
moral responsibility these men have
legal responsibility which can be proved
so as TO impress a judge and Jury. then
the department will strain every nerve 70
reach them criminally. Where this is I'M
possible, then It viii take 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 cor
poratIon so powerful that he or it stands
above the possibility Of punishment under
the law.
Our aim IS TO try TO 90 something eff
fec'ive; our purpose is to stamp out the
evil; we shall seek to find the most eefec-
tive device for this purpose; and we shall
N'tNA NSN ~ WhEAHtI Ine QeNlce can be /
found In existing law, or must be sun |
piled by legislation. Moreover. when we
thus take action against the wealth /
which works iniquity, We are acting in
the Interest OF every man of properly |
who acts decently and fairly bv his fell |
lows; and We are strengthening the hands |
Of those who propose fearlessly to defend 4
property against all unjust attacks No |
Individual no corporation, obeying the
law has anything to fear from this ad- |
Urged to Give Views.
During the present trouble with the
stock market, I have, Of course. received /
requests and suggestions. pub
lie and private, that I should say or do
TO ease the situation.
There is a worldwide financial distprh-
ance; it is felt In the bourses of Paris and
Berlin. and British consols are lower tha,
for a generation, while British railway
securities have also deprecated. On the
New York Stock Exchange, the disturb
ance has been peculiarly severe. Most
1f IL I believe 10 be due 10 mat
-ers not peculiar to the United States
md the most OF the remainder 10 matters
wholly unconnected with any govern
mental action; but it may well be that
.le determination Of kba .,o,..~------. = |