The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1907-08-29


demicaIly, but from the standpoint OF the
interests OF the people as a whole. Ma
tional sovereignty is to be upheld in so lar
as it means the sovereignty of the people
used for the real and ultimate good or the
people: and States rights are to be upheld
in so far as they mean the peoples rights.
Especially Is this true in dealing with the
relations OF the people as whole TO the
great corporations which are the distin-
gushing feature OF modern business condi-
tons.
Greater Control Needed.
Experience has shown that IL is neces-
sary TO exercise far more efficient control
than at present over the business use OF
those vast fortunes, chiefly corporate. which
are used (as under modern conditions they
almost invariably are) in Interstate busi,
ness When the constitution was created
none of the conditions of modern business
existed. They are wholly new, and we
must create new agencies to deal effectively
with them There Is no objection In the
minds of the people to any mans earning
any amount of money If he does 1t honestly
and fairly. IL he gets IL as the result OF
special skill and enterprise. as reward OF
ample service actually rendered. But there
is a growing determination that no man
shall amass a great fortune by special
privilege, by chicanery and wrongdoing. SO
far as 1t Is In the power OF legislation TO
prevent. and that the fortune when amassed
shall not have business use that is anti
Tess that is not confined to any one State.
experience has shown that the effort TO
control these corporations by mere State &C
ton cannot produce wholesome results. 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 10 cause either hardship to the
corporation itself or else hardship to neigh
boring States which have not tried to crap
ple with the problem in the same manner.
and. of course we must be as scrupulous 10
safeguard the rights Of the corporations as
TO exact from them in return a full measure
of justice 10 the public.
Nation should Control.
Il believe in a national corporation law
for corporations engaged in interstate bust
ness. | believe, furthermore. that the need
for action is most pressing as regards those
corporations which. because they are COM
mon carriers, exercise a quasi-public func-
ton. and which can be completely con-
trolled in all respects by the federal gov
eminent, by the exercise of the power con-
ferred under the interstate commerce
clause, and. IL 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 regula-
tion OF these railroad corporations, but we
must not stop in the work. The national
government should exercise over them
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
legislation.
I'm dealing with any totally new set OF
conditions there must at the outset be hest
tation and experiment. Such has been our
experience in dealing with the enormous
concentration of capital employed in inter
state business. Not only the legislatures
but the courts and the people need gradu
ally to be educated so that they may see
what the real wrongs are and what the
real remedies.
Guilty Not to Escape.
almost every big business concern Is
engaged in Interstate commerce. and such
a concern must not be allowed by dcx
ferrous shifting o. position. as has been toe
often the case In the past. to escape thereby
all responsibility, either to state or to ma
ton The American people became frml,
convinced OF the need of control over these
great aggregations OF capital. especially
where they had mOnop0lstic tendency
before they became quite clear as TO thu
proper way OF achieving the control
| Through their representatives in Congress
| they tried two remedies, which were to {
| large degree. at least as interpreted by thu
courts, contradictory. On the one hand
| under the antitrust law the effort wa:
| made to prohibit all combination whether
| it was or was not hurtful or beneficial Il
| the public. On the other hand, through thu
| interstate commerce law a beginning wa,
made in exercising such supervision ant
| their doing anything harmful to the bod,
| polite. The first law, the so-called Sher
| man law, has filed a useful place: for !
bridges over the transition period until tn
American people shall definitely. make NJ
| its mind that 1t will exercise over the grea
| corporations that thoroughgoing and radi
/ cal control which Ii Is certain ultimately t
| find necessary. The principle of the Sher
man law, so far as 1t prohibits combina
| tions which, whether because OF their exten
| or of their character, are harmful to tn
| public must always be preserved. Ulti
/ mately, and | hope with reasonable speed
| the national government must pass law
| which. while increasing the supervisory ant
\ regulatory power of the government. ais
| permits such useful combinations as ar
made with absolute openness and as Tn
/ representatives of the government may pre-
| yiousy approve. But IL will no be pos
| sible to permit such combinations save a
| the second stage in a course Of proceeding
/ of which the first stage must be the exercis
i of a far more complete control by the ma
| tional government.
Punishment I'm Prison.
"In dealing with those who offend agains
| the antitrust and interstate commerce
laws the Department of Justice has to Ell
| counter many and great difficulties. Ofte
| men who have been guilty OF violating tines
| laws have really acted In criminal fashion
and If possible should be proceeded agains
| crimnally; an therefore Ii is adyisabl
that there shot a change In these law
| providing for "a criminal action, and fo
| punishment By imprisonment well as b
fine But, as is well known, in crimin'
| action the law IL strictly construed In fave
| OF the defendant and in our country, 9
| least. both judge and jury are far more IL
clined TO consider his rights than they al
the interests of the general public; Will
in addition IL is always true that man
general practices may be so bad that civ
action will lie when it may not be possib