Los Angeles herald., 1907-08-21

ways OF attacking the action OF the
government Is by objecting to practi-
cal action upon the ground that It
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 IL tried An instance
of this Is the demand often made for
criminal prosecutions where such
prosecutions would be certain to fall.
We have found by actual experience
that a jury which will gladly punish
a corporation by fine, for instance, will
acquit the individual members of that
corporation If we proceed against
them criminally because of those very
things which the corporation which
they direct and control has done.
In recent case against the licorice
trust we indicted and tried the two
corporations and their respective pres
idents. The contracts and other trans
actions establishing the guilt of the
corporations 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 acquitted the two men.
Both verdicts could not possibly
have been correct, but apparently the
average juryman wishes to see trusts
broken up, and is quite ready to fine
the corporation itself, but is very re-
luctant to find the facts proven be-
yond reasonable doubt when it comes
to Jail a reputable member Of the bus
mess community for doing what the
business community has unhappily
grown to recognize as well nigh nor
NAL In business. Moreover, under the
necessary technicalities of criminal
proceedings often the only man who
can be reached criminally will be some
subordinate who is not the real guilty
party at all.
Many Guilty
MANY men of large wealth have
been guilty of conduct which from the
moral standpoint Is criminal, and their
misdeeds are to a peculiar degree rep
rehensible, because those committing
them have no excuse of want, of pow
erty, of weakness and Ignorance to
offer as partial atonement.
When in addition to moral RESPONSE
bility these men have legal respon-
bility which can be proved so as to
impress a judge and jury, ther the
department will strain every nerve
is impossible then it will take what
ever action will be most effective uIl-
der 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 1t
stands above the possibility of punish
ishment under the law.
Appeals to Him
During the present trouble with the
stock market 1, of course, received
countless requests and suggestions
that L should do something to ease the
situation. There is worldwide IMAM
cial disturbance. 1t is felt in bourses.
Paris, Berlin and British consols low
er. On the New York stock exchange
the disturbance has been particularly
severe most of 1t, believe, due TO
matters not confined particularly TO
the United States and to matters
wholly unconnected with any govern
mental action, but 1t may be well that
the governments determination. in
which. gentlemen, ii will not waver,
to punish certain malefactors OF great
wealth. has been responsible for some
thing of the troubles, at least TO the
extent of having caused these men 10
combine to bring about as much nnan-
cial stress as they possibly can IN OF
der to discredit governmental pohcy
and thereby to secure reversal oL
that policy, so that they may enjoy
the fruits of their own evil doings.
That they have misled many good
people into believing there should De
such reversal is possible. IL SO, am
sorry, but it will not alter my atti-
tude. Once for all, let me say tnat
SO far as I am concerned TOT the
eighteen months of my administrator
that remain there will be no changes
In the policy we have steadily pur-
sued: no let up in the efforts to Sc
cure an honest observance of the law
for I regard this contest one TO deter
mine who shall rule this government
the people, through their government
tai agents, or a few ruthless, deter
mined men, whose wealth makes them
particularly formidable because tney
are behind breastworks OF corporate
organization.
No Vindictive Action
T wish that there shall be no mis-
+aIxe on this point. 1t is idle to ask
me not to prosecute the criminal rlcn
or poor. But desire no less emphat-
icailv TO have 1t understood that we
will undertake no action of vindict-
i've type. and above all none which
shall infict great or unmerited su1er-
ing upon innocent stockholders ana
upon the public as a whole.
our purpose is to act with mini
mum harshness compatible with op-
tanning our ends. In the man OF great
wealth who has earned his money
honestly we recognize citizen worthy
of all praise and respect. Business
can only be done under modern condi-
tions through corporations and our
purpose is heartily to favor corpora
tions that do we'll.
The administration appreciates that
a liberal but honest profit for legiti-
mate promoters and generous divl-
dends for capital employed either IN
founding or continuing an honest busi-
ness venture are the factors neces-
sary for successful corporate activity,
and therefore, for generally prosper
GUS business conditions.
To Help Worthy
All these are compatible with fair
dealing as between man and man and
a rigid obedience to law. Our aim is
to help every honest man and every
honest corporation, and our policy
means. in its ultimate analysis, a
healthy, prosperous expansion of busl-
ness activities, of honest business men
and of honest corporations.
No individual. no corporation, obey
ing the law has anything to fear from
this administration.