The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1907-04-12

thought the Hepburn Law In that
| particular was both unconstitutional
and unnecessary, and that 1t was a
long and serious step in the wrong
direction as matter of public policy
| thought Il unconstitutional because
| did not believe then, and | do not
believe now, that the three great
| powers of government which our
fathers who framed the constitution In.
tended should be distributed to three
separate independent and coordinate
| departments of government, should be
commingled and vested, as they have
been By that law. in the Interstate
! Commerce Commission.
THE RIGHT OF CONGRESS
did not believe either that IL Con.
gress h/d the power to make rates,
II had Che right TO delegate that pow.
ed to an administrative board. Wheth.
er II was right in entertaining this
opinion will be determined when the
Supreme Court Of the United States
passes on the question, as sooner or
later, Il must
OPPOSED HEPBURN LAW.
was opposed to the Hepburn Law
because ! also thought II unnecessary
TO enact legislation OF such serious
character that was OF doubtful con.
stitutionality, when we already had
on the statute books another law un.
der which all the evils complained
Of could be remedled If II should only
be enforced.
In February 1908, the congress
passed what is known as the Elkins
law. | helped as member Of the
subcommittee having the bill in
charge. TO put II into the effective
form In which II became a law. When
the Hepburn bill came up II was my
contention that the Elkins law. which
the Supreme court had already held
was constitutional. would be found
sufficient TO prevent all rebates and
determinations and other evils com
planned OF, II II should only be ear
nestly applied and enforced.
Since that debate, all that said IN
that behalf has been abundantly vim
dicated.
CONNECTING THE TRUSTS.
All the prosecutions OF which we
have heard so much against the rail-
roads and the sugar trust. ami the
beef trust, and the Standard oil com
pany, and numerous other corpora
tions, have been brought under, this
Elkins law: and In no instance has
the government failed 10 speedily Sc
cure convictions, except only where
its own testimony has failed.
There are pending today against the
Standard oil company, under this Ell
kins law, numerous indictments,
amounting IN the aggregate TO more
than ten thousand counts.
No suit Of the kind has been
brought under the Hepburn law. No
suit OF the kind will ever be brought
under the Hepburn law as long as
the Elkins law stands on the statute
books by the side Of Il. for, under
the Ellilns law, the remedy is simple.
complete and beyond question as 10
It's c0nstituionality. while the Hep
burn law lacks all Of these quail
ties.
ELKlNti LAW BETTER.
Now that we have the Hepburn
law we will get out OF 4 all the
good we can. but. | predict that as
time passes the objections to It will
be further yindicated. not only by
further good results under the ElkIns
law, but also by the disappointing re-
suits Of It's operation that will be
realized generally by shippers and
business men all over the country.
THE BROWNVILLE CASE.
Another session OF congress has Just |
closed. There were numerous meas
ures pending and acted upon with |
which the president was prominently |
identified. So far as | can recall, / |
supported everyone OF them There |
was one matter however, about which !
! have taken different view from
him. refer to the discharge. with !
out honor, of the members OF Com I
panies b. G and ID OF the 25th United 4
States infantry. on account o: the .
shooting ARRAY at .Brownville, Texas |
This was an incident. not a policy. !
But IL was an incident OF such a
character that felt 1t my duty as a
representative OF the people of Ohio
TO do with respect to 1t what l have
done.
II was charged-and the president
was made to believe-that certain men
Of the 25th infantry had made a
midnight assault upon the
sleeping men, women and children OF
Brownsville; that they had "shot up"
the town as the expression goes, and
that they had killed one man and
wounded another, and put In jeopardy
the lives OF many. He believed that
this was done by few. but that 9TH
ers OF the battalion knew and re-
fused TO disclose the identity OF the
men who did IT,
DEFENDING THE INNOCENT.
AS result. he ordered that the
whole battalion should be dismissed
without honor the innocent and the
guilty alike; the guilty because they
we're guilty. the innocent because they
,ould not be distinguished from the
guilty.
Amcng these were old soldiers who
lad seen many years OF service. Their
erviees had been honest. faithful,
gallant and distinguished One of
hem had served continuously for 26
ears. In fifteen months more he
ould have retired on a pension for
life. His service had been rendered
Iot only on the frontiers Of this
ountry, but In Cuba. and In the
II had covered both war
nd peace. In all that long period
lot one single black mark had ljeen
egistered against him. He had new
" been courtmartialed; ne had new
II been punished; he had never been
ven reprimanded. On every one OF