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

doing. so far as it is in the power of
legislation to prevent; and that the for
tune when amassed shall not nave a
business use that is anti-social MOST
large corporations do a business that Is
not confined to any one state. expert
ence has shown that the effort to con-
troll these corporations by mere state
action can not produce wholesome re-
suits. In most cases such effort fails
to correct the real abuses of which the
corpora ton is or may be guilty; Whlle
| in other cases the effort is apt to cause
either hardship to the corporation IT.
self, or else hardship to neighboring
states which have not tried to grapple
with the problem in the same manner;
and of course we must be as scrupulous
to safeguard the rights of the corpora
| ttons as to exact from them in return
| a full measure of Justice to the pub
National Corporation Law.
| I believe in national incorporation
| law for corporations engaged in inter-
state business. 1 believe, Furthermore,
| ing as regards those corporations
| which, because they are common car
riers, exercise Quasi-pubic function;
and which can be completely controlled,
| in all respects by the federal govern
ment, by the exercise of the power
conferred under the interstate com
\ merce clause, and, If necessary, under
| the post-road clause, of the constitu-
have taken marked strides in advance
along the road of proper regulation OF
| these railroad corporations; but we
must not stop in the work. The ma
| tionaI government should exercise over
them a similar supervision and control
to that which it exercises over national
banks. We can do this only by pro-
ceed1ng farther along the lines marked
out by the recent national legislation:
In dealing with any totally new set of
conditions there must at the outset be
hesitation and experiment. Such has
been our experience in dealing with
the enormous concentration of capital
employed in interstate business. Not
only the Legislatures but the courts
and the people need gradually to be
educated so that they may see what the
real wrongs are and what the real
remedies. Almost every big business
concern is engaged in interstate COM
merce, and such a concern must not
be allowed by a dexterous shifting of
position, as has been too often the case
in the past, to escape thereby all re-
sponsibility either to state or to ma
ton. The American people became
firmly convinced of the need of control
over these great aggregations of CAPT
tai, especially where they had mono
polistic tendency. before they became
quite clear as to the proper way CT
achieving the control. Through their
representatives in Congress they tried
two remedies. which were to large de-
gree, at least as interpreted by the
courts, contradictory. One the one hand,
under the antitrust law the effort was
made to prohibit all combination.
whether it was or was not hurtful or
beneficial to the public. On the other }
hand, through the interstate commerce
law beginning was made in exercising
such supervision and control over COM
binations to prevent their doing any
thing harmful to the body polite
The sherman Law.
The first law, the so-called Sherman !
law, has filled a useful place, for it
bridges over the transition period until |
the American people shall definitely |
make up it's mind that it will exercise !
over the great corporations that |
thoroughgoing and radical control which !
it is certain ultimately to find necessary. |
The principle of the Sherman law so |
far as it prohibits combinations which, |
whether because of their extent or of |
their character are harmful to the pub !
lie must always be preserved. Ultimate /
ly, and 1 hope with reasonable speed,
the national government must pass |
laws which, while increasing the super
Visory and regulatory power of the gov
eminent also permits such useful COM
binations as are made with absolute
openness and as the representatives of
prove. But it will not be possible to
permit such combinations save as the
second stage in a course of proceedings
of which the first stage must be the
exercise OF a Tar IuOT0 COIIiPiGbC Gull
troll by the national government.
In dealing with those who offend
against the antitrust and interstate
commerce laws the department of JUS
tice has to encounter many and great
difficulties. Often men who have been
guilty of violating these laws have real
ly acted in criminal fashion, and If pos
sible should be proceeded against GRIM
inally; and therefore it is advisable that
there should be a clause in these laws
providing for such criminal action, ana
for punishment by imprisonment as wen
as by fine. But. as is well known, IN
a criminal action the law is strictly
construed in favor of the defendant,
and in our country, at least. both judge
and Jury are far more inclined to con
slider his rights than they are the IN
terests of the general public; while in
addition it is always true that man
general practices may be so bad tnat
civil action will lie when 1t may not
be possible to convict him OF any one
criminal act. There is unfortunately
certain number of our fellow country
men who seem to accept the view tnat |
some particular crime he shall be count
ed a good citizen, no matter how IN
famous the life he has led, no mStter
how pernicious his doctrines or MS
from time to time with clamorous IN
sistence, now by a group of predatory
capitalists. now by a group OF sinister
leaders and agitators, when
ever a special champion of either class.
no matter how evil his general llre' Is
acquitted of some one specific crime
1t Is Wicked.
Such view is wicked whether ap-
piled to capitalist or labor leader. TO
rich man or poor man. But we nave
to take this feeling into account when
we are debating whether it Is possible
10 get a conviction in criminal pro-
against some rich trust mag
nate, many of whose actions are Sc
verely to be condemned from the
moral and social standpoint. but no
one of whose actions seems clearly 10