Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-08-23

the arguments pro and con as tc
whether a prosecution can successfully
be entered into, and as to whether we
can be successful in a criminal action
against the chief individuals In the
corporation, and IL not, whether we car
at least be successful in a civil action
against the corporation itself. Any ef-
fective action on the part Of the gov
ernment Is always objected to, as a
matter of course, by the wrong -doers,
by the beneficiaries Of the wrong-do-
ers and by their champions; and often
one Of the most effective ways Of at
tacking the action Of the government
Is by objecting to practical action up
On the ground that 1t does not go far
enough. One Of the favorite devices
Of those who are really striving to pre-
vent the enforcement Of these laws is
to clamor for action Of such severity
that 1t cannot be undertaken because
1t will be certain to fail II tried. An
instance Of this Is the demand often
made for criminal prosecutions where
such prosecutions would be certain to
fail. We have found by actual expe-
rience that a jury which will gladly
punish a corporation by fine, for in
stance, will acquit the individual men,
bers of that corporation II we proceed
against them criminally because of
those very things which the corpora
tion which they direct and control has
done. In a recent case against the
Licorice Trust we indicted and tried
the two corporations and their respect
i've presidents. The contracts and 9TH
er transactions 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 yer-
diets could not possibly have been cor
rect; but apparently the average jury
man wishes to see trusts broken up,
and Is quite ready to fine the corpora
ton itself: but Is very reluctant to find
the facts proven beyond reasonable
doubt" when II comes to sending to
Jail a reputable member Of the busi-
ness 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
often the only man who
can be reached criminally vii. be some
who is not the real guilty
party at all.
The "Bis" Offenders.
Many men Of large wealth have been
guilty Of conduct which from the moral
is criminal, and their mis-
deeds are to a peculiar degree repre-
hensible because those committing
them have no excuse Of want, Of pow
erty, or weakness and ignorance to Of
fer as partial atonement. When In ad-
dition to moral responsibility these
men have a legal responsibility which
can be proved so as to impress judge
and a jury. then the department will
strain every nerve to reach them GRIM
inally. Where this is impossible, then
1t will take whatever action will be
most effective under the actual condi-
tions.
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 pun
ishment under the law.
During the present trouble with the
stock market I have, Of course, receiv-
ed countless requests and suggestions,
public and private, that I should say
or do something to ease the situation.
There is a worldwide financial dis
turbance. 1t is felt in the bourses Of
Paris and Berlin, and British consols
are lower, while prices Of railway Sc
curities have also deprecated. The
New York Stock Exchange disturb
ance has been particularly severe,
most Of 1t, I believe, due to matters OF
particular concern to the United
States and to matters wholly uncon-
nected with any governmental action,
but II may we'll be that the determine
ton of the government-in which,
gentlemen, it will not waver-to punish
certain malefactors Of great wealth has
been responsible for something of the
at least to the extent OF hav-
ing caused these men to combine to
bring about as much financial stress as
they possibly can In order to discredit
the policy Of the government and
to secure a reversal Of that
policy so that they may enjoy the
fruits Of their own evil doings. That
they mislead many good people into
believing that there should be such
reversal Of policy is possible. If so,
am sorry, but 1t will not alter my atti-
tude.
Once for all let me say that as far as
I am concerned, and for the eighteen
months of my administration that re-
main, there will be no change in the
0olicy We have steadily pursued, nor
let up in the effort to secure an honest
observance of the law, for / regard
this contest as one to determine who
shall rule this government-the people
through their governmental agents or
4 few ruthless and determined men
whose wealth makes them particularly
because they hide behind
the breastworks Of corporate organi-
zation. I wish there to be no mistake
on this point. 1t is idle to ask me not
to prosecute criminals, rich or poor.
But desire no less emphatically to
have it understood that we have not
undertaken and will undertake no ac-
ton Of a vindictive type, and above all
no action which shall inflict great or
unmerited suffering upon innocent
and upon the public as
whole Our purpose is to act with a
minimum Of harshness compatible
with obtaining our ends. In man OF
great wealth who has earned his
wealth honestly and used 1t wisely we