Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-21


lness existed. They are wholly new
and we must create new agencies to
deal effectively with them There is
no objection in the minds of this peo-
pie to any mans earning any amount
of monev Ii he does 1t honestly and
fairly, If he gets 1t as the result of
special skill and enterprise. as re-
ward of ample service actually rem
dered. But there is a growing deter
mination that no man shall amass a
great fortune by special privilege, by
chicanery and wrong-doing, so far as,
1t is In the power of legislation to pre-
vent; and that the fortune when
'amassed shall not have a business use
that is anti-soclal. Most large cor
pOrations do a business that is not
confined to any one state. Expert
ence has shown that the effort to con-
troll these corporations by mere state
action can not produce wholesome re-
suits. In most cases such effort fails
to correct the real abuses of which
the corporation is or may be guilty:
while in other cases the effort is apt
to cause either hardship to the cor
poration itself, or else hardship to
neighboring states which have not
tried to grapple with the problem in
the same manner; and of course we
must be as scrupulous to safeguard
the rights of the corporations as to
exact from them in return a full
measure of justice to the public. |
believe in a national Incorporation
law for corporations engaged in inter-
state business. | believe furthermore,
that the need for action is most press
ing as regards those corporations
which, because they are common car
rers, exercise a quasi-public function;
and which can be completely con-
trOlled, in all respects, by the federal
government, by the exercise of the
power conferred under the interstate
commerce 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 corpora
tions; but we must not stop in the
work. The national government should
exercise over them a similar supervis-
ion and control to that which it exer-
cises over national banks. We can
do this only by proceeding farther
along the lines marked out by the
recent national legislation.
In 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 busi-
ness. Not only the legislatures, but
the courts and the people need to
be educated gradually so that they
may see what the real wrongs are and
what the real remedies. Almost ev-
cry big business concern is engaged
In interstate commerce and such a
concern must not be allowed by a
dexterous shifting of position, as has
been too often the case i'm the past, to
escape thereby all responsibility either
to state or to nation. The American
the need of control over these great
aggregations of capital, especially
where they had a monopolistic ten
dency. before they became quite clear
as to the proper way of achieving the
control Through their representa-
tives In congress they tried two REM
edies, which were to a large degree,
at least as interpreted by the courts,
contradictory On the one hand, un-
der the antitrust law the effort was
made to prohibit all combination,
whether II was or was not hurtful or
beneficial to the public on the other
hand. through the interstate COM
merce law a beginning was made in
exercising such supervision and con-
troll over combinations as to prevent
their doing anything harmful to the
body polite. The first law, the So
called Sherman law. has filled a use
full place, for 1t bridges over the tram
sitlon period until the American peo-
pie shall definitely make up its mind
that It will exercise over the great
corporations that thorough-going and
radical control which II Is certain ul-
tmately to find necessary. The Erin
ciple of the Sherman law so far as It
prohibits combinations which, wheth-
er because of their extent or of their
character, are harmful to the public
must always be preserved. Ultimate
| ly and / hope with reasonable speed,
the national government must pass
laws which, while increasing the SUI
perWsOry and regulatory power of the
government also permits such useful
combinations as are made with abso-
| lutte openness and as the represent
atives of the government may pre-
vousiy approve But II will not be
possible to permit such combinations
| save as the second stage In a course
OF proceedings of which the first
stage must be the exercise of far
more complete control by the ma
tional government.
In dealing with those 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 If possible should be proceeded
/ a. s,tit, fs,n Ia NJ fhnrnFnrn a fc
advisable that there should be a
clause in these laws providing for
such criminal action, and for punish
ment by Imprisonment as well as by
/ fine. But, az 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 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
| IL may not be possible to convict him
OF any one criminel act. There Is un-
| fortunately a certain number of our
fellow cOuntrymen Who seem to accept
| the view that unless a man can be
proved guilty OF some particular
| crime he shall be counted a good citi-
zen. no matter how Infamous the life
he has led. no matter how pernicious
| his doctrines or his practices This Is
| the vlew announced from time 10 time
with clamorous inslstence. now by a
group OF predatory capitalists, now by
a group OF sinister anarchistic lead
| ers and agitators, whenever a special
champion of either class, no matter
/ how evil his general life, Is acquitted
OF some one specific crime. Such q
view is wicked whether applied Ia
capitalist or labor leader, 70 rich mar
or poor man But we have to take