The Washington herald., 1907-08-21

TO exact from them in return a full mea-
sure OF justice TO the public. I believe
IN a national incorporation law for cor
porations engaged in interstate business.
I believe furthermore, that the need for
action is most pressing as regards those
corporations which. because they are
common carriers, exercise a quasi-publIc
function; and which can be completely
controlled. IN all respects, by the Federal
government by the exercises Of the pow
ct conferred under the interstate com
merCe clause, and. if necessary. under
the post-road clause. of the Constitution.
During the last few years We have taken
marked strides in advance along the road
OF proper regulation Of these railroad cor
pOTauOns, but we must not stop IN the
work The national government should
exercise over them a similar supervision
and control TO that which II exercises over
national banks. We can do this only
by proceeding farther along the lines
marked out by the recent national legis-
lation.
In dealing with any totally new set Of
conditions there must al the outset be
hesitation and experiment. Such has been
our experience in dealing with the enor-
nous concentration Of capital employed
In interstate business. Not only the leg
lslatures but the courts and the people
need gradually 10 be 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 commerce, and such a concern
must not be allowed by a dexterous shift
ing OF position. as has been too often
the case in the past. 70 escape thereby all
responsibility, either TO State or TO na-
tion The American people became firmly
convinced of the need OF control over
these great aggregations of capital. es-
pecially where they had a monopolistic
tendency. before they became quite clear
as 10 the proper way Of achieving the
control.
Remedies in Conflict.
Through their representatives in Con-
gress they tried two remedies. which
were TO a large degree, at least as inter
preted by the courts, contradictory. On
the one hand, under the antitrust law the
effort was made 10 prohibit all combina-
tons. 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 supervision and control over combt-
nations as 10 prevent their doing any
thing harmful to the body polite. The
hrst law. the sO-called Sherman law
has filled useful place for 1t bridges
over the transition period until the Amer
lean people shall definitely make up its
mind that it will exercise over the great
corporations that thoroughgoing and rad
ical control which It is certain ultimately
10 find necessary. The principle of the
law, so far as It prohibits COM
b!nations which. whether because OF their
extent or Of their character, are harmful
to the public. must always be preserved.
Ultimately, and I hope with reasonable
speed, the national government must pass
laws which, while increasing the super
visory and regulatory power OF the gov
ernment, also permit such useful combl-
nations as are made with absolute OPEN
ness and as the representatives Of the
government may previously approve. But
It will not be possible 20 permit such
combinations save as the second stage in
4 course Of proceedings Of which the first
stage must be the exercise of a far more
control by the national govern
nent
In dealing with those who offend against
The antitrust and interstate commerce
avs the Department Of Justice has 10
encounter many and great difficulties.
Often men who have been guilty OF vio-
ating these Jaws have really acted in
criminal fashion. and, if possible should |
be proceeded against criminaIIv: and |
therefore,, il is advisable that there should |
DC clause in these laws providing for
'uch criminal action and for punish |
nent by Imprisonment as well as bv f1ne /
But. as Is well known, In a criminal ac-
ion the law is strictly construed in favor /
II the defendant and in our country AZ 1
east, both judge and jury are far more 1
Inclined to consider his rights than they
IRE the interests OF the general public. /
While IN addition it is always true that /
. mans general practices may be so had
hat civil action win lie when II NAV
lot be possible TO convict him OF any one /
riminal act
IheTe is unfortunately q certain num- I
er OF our fellow-countrynnen who seem
0 accept the view that unless a man can
e proved guilty Of some particular crime