Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-08-20

sion and control TO that which II cx-
ercises over national banks. We can
cd this only by proceeding farther
along the lines marked out by the re-
cent national legislation.
CARE is NEEDED.
I'm 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 remedies.
Almost every big business concern is
engaged IN Interstate commerce, and
such 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 responsibility either
to state or to nation. The American
people became firmly convinced of the
need OF control over these great appre-
cations of capital especially where
they had n monopolistic tendency. be-
ore they became quite clear as to the
proper way of achieving the control.
STEPS ALREADY TAKEN.
Through their representatives IN
Congress they tried two remedies,
which were to q large degree, ut least
as interpreted by the courts, contra
dictory. on 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 "a beginning
was made In exercising such supervi-
sion and control over combinations as
al.t IA
full to- the body polite. The first law.
the so-called sherman law, has filed
useful place, for 1t bridges over the
transition period until the American
people shall definitely make up its mind
that 1t Will exercise over the great cor
norations that thoroughgoing and radi-
cal control which it Is certain ultimate
~ to find necessary. The principle of
the Sherman law so far as IL prohibits
of the extent of their character, are
harmful to the public must always be
preserved.
FAVORS CONTROL.
ultimately. and ! hope with reason
able speed, the national government
must pass laws which, while increasing
the supervisory and regulatory power
of the government also permits such
absolute openness and as the represent
atives of the government may previous
~ approve But IL will not be possible
to permit such combinations save as the
second stage In n course of proceed
ings of which the first stage must be
the exercise OF a far more complies
control by the national government,
JUSTICE is ovERwoRKED.'
aJu daaIiny with thosa 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
really acted in criminal fashion, and II
possible should be proceeded against
criminally; and therefore ii Is advts-
able that there should be clause in
these laws providing for such criminal
action, and for punishment by imprts-
onment as we'll 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 consider the rights than they
are the interests of the general public;
while in addition IL is always true that
a mans general practises may be so
bad that q civil action Will lie when 1t
may not be possible to convict him of
any one criminal act
SALT LAKE KNOWS THIS.
There is unfortunately a certain
number OF our fellow countrymen who
seem to accept the view that unless
man can be proved guilty of some par
ticular crime he shah be counted good
citizen, no matter how Infamous the
life he has led, no matter how PERM
cious his doctrines or his practises
This is the view announced from time
TO time with clamorous insistence, now
by a group of sinister anarchistic lead
ers and agitators, whenever a special
champion of either class, no mat
ter how evil his general life. is acquit-
ted of some one specific crime.
LAWS NUMEROUS FAILINGs.
.such a view is wicked whether applied
to capitalist OF labor leader to rleh naM
or noor man. But we nave TO take thls
feeling into account when we are deDat-
ing whether II is posslpie 10 get a con
victlon In a criminal proceeding against
some rich trust magnate, many OF Whoss
actions are severely TO be condemned
from the moral and social sthhdpoinl,
hut no one of whose actions seems clearly
to establish such teehnical ga ule as ., WV WV
pediency, in enforcing the law against q
great corporation. We have conuhually
to weigh the arguments pro ano eo uti,, as
be entered into. and AS to whether We
can be successful in criminal acton
against the chief individuals In the cor
poration and If not whether we can AT
least he successful III a civil action
against the corporation Itself.
SOME TYPICAL TROUBLES
..Any effective action on the part OF the
government is always objected to. as n
matter of course. by the wTongdoers, by
the benefioiaries OF the wrongdoers' ana
by their champions: and often one OF me
most effective ways OF attaching the ic-
ton OF the government is by Directing
To- practical action upon the ground tnlJ
il does not go far enough
lone OF the faVorto devices OF those
who are really striving 70 prevent the
enforcement OF these laws is 10 clamor
for action OF such severity that IT can NOT
be undertaken because IL VIII he certain
To fail If tried An Instance OF TINS u
The demand often made for criminal
nroscc BUTTONS where such prosecutions
would he certain to fail, We have found
~ actual experience that u jury whion
yyill gladly punish q corporation by hne;
for Instance. will acquit the individual
members Of that corporation II we pro-
coed against them criminally because or
hose .ery things which tho corporation
which they direct and control has done,
Tin a recent case against the l-icorlee
,,,,rt ,un ipdicted aud tried the two cor