The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-08-21

the real wrongs are and what the
real remedies Almost 6very big
business concern Is engaged in III
terstate commerce. and such con-
Germ must not be allowed by a
dexterous shifting OF position. as
has been too often the case In the
past. to escape thereby all respon-
sibility either to State or to ma
ton. The American people became
firmly convinced of the need of con-
troll over these great aggregations
of capital. especially where they
had inonopoiistic tendency. before
they became quite clear as to the
proper way OF achieving the con-
troll. Through their representatives
in Congress they tried two rene
dies. which were to a large, degree.
ut least as Interpreted by the
courts, contradictory. On the one
hand. under the antitrust law the
effort was mi Idle to prohibit all
combination. whether 1t was or was
not hurtful or beneficial to- the
public. on the other hand. through
the interstate commerce law be-
ginning was made in exercising
sucn supervision and control over
combinations as to prevent their
doing anything harmful to the
body polite. The first law. the
so-called Sherman law. has filed
useful place, for it bridges. over
the transition period until the
American people shall definitely
made mp its mind that 1t Will ex-
ercise over the great corporations
that thoroughgoing and radical
control which It is certain nlti-
mately to find necessary. The prin-
ciple OF the sherman law. SO far
as 1t prohibits combinations which.
whether because of their extent or
of their character. are harmful to
the public. must always he pre-
served. Ultimately, and hope
with reasonable speed. the national
while increasing the supervisory
and regulatory power Of the gov.
eminent. also permits siich useful
combinations as are made with alb
solute openness and as the repre-
sentatives of the government may
not be possible to permit such com
binations save as the second stage
in course of proceedings OF which
the first stage must be the exer-
else OF far more complete control
by the national government.
Urges Criminal Procedure.
In dealing with those who Of
terstate COMMERCE laws the De-
partment of Justice has to encoun-
ter many and great difficulties.
Often men who have been guilty OF
violating these laws have really
acted In criminal fashion. and II
against crimlnally; and therefore
it Is advisable that there should
be clause In these laws providing
for such criminal action. and for
punishment by imprisonment las
well as by fine. But, as Is we'll
known, in criminal action the
law is strictly construed in IA
vor OF tho defendant, and in our
country, ct least. both Judge and
jury are far more inclined TO cor
slider his rights than they are the
interests of the general public;
while In addition It is always true
that mans general practices may
be so bad that civil action will
lie when 1t may not be possible to
convict him of any one criminal
act. There is unfortunately GER
tain number of our fellow-couu-
trymen who seem to accept the
view that unless man can be
proved guilty of some particular
crime he shall he counted a good
citizen, no matter how Infamous
the life he has led. no matter how
pernicious his .doctrines or his
practices. Thfs IS the view an
nounced from time to time with
group OF predatory capitalists.
now by group OF sinister anar-
chistic leaders and agitators, when
ever a special champion of either
class. no matter how evil his gen
eral life. is acquitted OF some one
specific crime.
Such a view is wicked, whether
applied to capitalist or labor leader
to rich man or poor. and all that l
have said as to desirable and unde
sirable citizens remains true.
But we have to take this feeling
~. I. 1fat1.
whether IT Is possible to get a
conviction In criminal proceed
ing against some rich trust mag
nate. many Of whose actions are
severely to be condemned from the
moral and social standpoint, hut no
one OF whose actions seems clear
ly to establish, such technical guilt
as Will ensure conviction. AS
matter of eXpediency, in enforcing
the law against great corpora
ton. we have continually to weigh
the arguments pro and con as to
whether prosecution can success
fully be entered into. and as to !.
whether we can be successful in a
criminal action against the chief
individuals in the corporation. and
Ii not whether we can 1T least be
successful in civil action against
the corporation itself. Any effec-
tive action on the part. Of the gov
a matter of course. by the wrong
dosrs. by the beneficiaries OF the
wrongdoers, and by their cham
pions: and often one of the most.
effective ways of attacking the ac
tion Of the government is by OBJ
jccting to practical action upon the
ground that 1t does not go far
enough. One of the favorite de-
vices of those who are really strtv-
ing to prevent the enforcement Of
these laws is to 9lamor for action
OF such severity that 1T cannot be
undertaken because 1t will be GER
tain to fall II tried. An Instance
of this Is the demand often made
for criminal prosecutions whore
tain to fail. We have found by
actual experience that a Jury which
will gladly punish corporation by
fine, for instance, will acauit the
individual members of TINT COR
poratlon II we proceed against
them criminally because OF those
very things which the corporation
done. In a recent case against the
licorice trust we indicted and
tried the two corporations and
their respective presidents. The
contracts and other transactions
establishing the guilt of the cor
porations were made through, and
Sc far as they We're in writing
Yet the jury convicted the two cor
porations and acquitted the two
men. Both verdicts could not pos
siblY have been correct; hut ap-
parehtly the average jurylnan
wishes to see trusts. broken up. and
Is quite ready to hne ! he corpora
ton itself: but In very reluctant to
M ,,rp Il,