Evening journal., 1907-08-20
MODERN AGENCI. S MUST
CONTROL MODERN BUSINESS
Continued from First Page.

not have a business use that is anti
social.
Most large corporations do a husi-
ness that is not confined to any one
State. Experience has shown that the
effort to control these corporations ny
mere State action cannot produce
wholesome results. In most cases such
effort fails to correct the real abuses
Of which the corporation IS or may Re
guilty; while IN other cases the effort
is ant TO cause either hardpship to the
corporation itself. 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 10 safeguard
the rights of the corporations as to
exact from them in return a full meas
ure of Justice TO the public. be-
lieve in national Incorporation law
for corporations engaged in interstate
business. I believe, furthermore. that
the need for action is most pressing rs
regards those corporations which, be-
cause they are common carriers. eN-
ercise duasi-public function; and
which can be completely controlled.
IN all RESPECTS by the Federal Gov
ernment. by the exercise of the power
conferred under the interstate CONF
merco clause. and. if necessary. under
the post-road clause. OF the Consti-
tuition
People Need Educating to Conditions.
I'm dealing with any Totally new set
of condition there must at the outset
be hesitation and experiments. Not
only the legislatures but the courts
and the people need gradually to lie
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 n concern must not
be allowed by q dexterous shifting of
position. as has been too often the
case IN the past. to escape thereby
all responsibility either TO state or 10
nation
ultimately. and hope with reason
able sneed. the National Government
must pass laws which. while increas-
ing the supervisory and regulatory
power OF the Government. also per-
mits such useful combinations as ara
made with absolute openness and es
tho representatives OF the Government
may previously approve.
"In dealing with those who offend
against the antitrust and interstate
commerce laws the department of
Justice has 70 encounter many great
difficulties. There is absolutely a
certain number Of our fellow-country-
men who seem to accept the view
that unless man can be proved
guilty of some particular crime ne
shall be counted 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 clamorous insistence. now bv a
group Of predatory capitalists, now 10y
a group OF sinister anarchistic 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 d
view IS wicked whether applied &,
capitalist or labor leader, 70 rich mar
/ or moor man. But we have 70 take
this feeling into account when we arr
debating whether II is possible 20 ge
a conviction in a criminal proceedln'
/ against some rich trust magnate
many Of whose actions are severely e
be condemned from the moral and so
/ cial standpoint. but no one Of who's
actions seems clearly TO establish sucl
technical guilt as viii ensure a con
viction. AS a matter OF oxpediency
in enforcing the law against grea
corporation. we have continually &
weigh the arguments pro and con a
20 whether a prosecution can success
fully be entered into. and as q
whether we can be successful IN
| criminal action against the chief IN
dividulls I'm the corporation. and
not whether we can NJ least be sue
cessful in civil action against tn
CORPORATION itself.
No Individual Above the Law.
1--WE have found by actual expert
ence that jury which win gladt
punish a corporation by fine. for in
stance. viii aocuit the individua
members OF that corporation n W
proceed against them criminally be
cause of those very things which IN
corporation which they direct an
control has done
"In the last six years we have show
that there is no Individual and no cor
poration 80 powerful that he or
! stands above the possibility OF punish
ment under the law Our aim Is {
try TO do something effective: on
purpose Is 20 stamp out the evil; W