Los Angeles herald., 1907-08-21
ROOSEVELT SAYS LAWS MUST BE
oREYEp
ADVISES CORPORATIONS TO GET
RIGHT
President Says His Administration
viii Not Change Its Policy in
Any Particular as Regards
Prosecutions
,r.n,,nued srom page Onei

shin to neighboring states whlch hdNe
not tried to grapple with the proolem
in the same manner; and of course we
must be as scrupulous to safesuaIu
the rights OF the corporations as u
exact from them in return lui
measure of justice to the pubic
believe in a national incorporation
law For corporations engaged In inter-
state business / believe, Furthermore,
+hat the need for action is most press
inc as regards those corporations
orhich because they are common car
y,ers exercise a quasi-public function'
and which can be completely con-
trolled in all respects by the federal
~ovarnn,ent. by the exercise OF the
nower conferred under the interstate
Commerce. clause, and If necessary
,,nder The post road clause OF the con-
stitution. ,o
DnrinR the last few years we nave
taken marked strides in advance aions
the road of proper regulation Oh tnese
railroad corporations; but we mus,
NOT stop in the work. The nationai
government should exercise over tneIi
a similar supervision ana conlIol ~
that which IL exercises over natlonal
hants We can do this only by pro-
cee5ine farther along the ilnes
marked out by the recent national
legislation. 60.
IN dealing with any totally new set
of conditions there must at the out
SET he hesitation and experiment
Such has been our experience IN ueal-
tne with the enormous concentration
~ canital employed in interstaet
~ capital employed in interstate
hut the courts and the people neeo
gradually to be educated so tnat tney
nav see what the real wrongs are anu
what the real remedies.
Almost every big business concern
IL engaged in interstate commerce.
and such a concern must not De a.
iowed bv a dexterous shifting OF posi-
49,, as has been too often the case
=, the mast. to escape thereby all re-
snonsibility. either to state or TO ma
tion.
Control Necessary
The American people became hrmly
convinced of the need of control over
these great aggregations OF capltai'
especially where they had monopo-
listic tendency, before they became
orite clear as to the proper way OF
conveying the control. Through tnelr
representatives in congress they tried
two remedies. which were to large
degree at least as interpreted oy tne
courts, contradictory.
On the one hand, under the anti
trust law the effort was MADE 10 pro-
hihit all combination, whether 1t was
or was not hurtful or beneficial TO the
n,,hlic On the other hand, through
the interstate commerce law pegln-
ming was made in exercising sucn su-
pervision and control over compina-
tions as to prevent their doing any
NO1x
The first law, the so-called Sner-
man law. has filed a useful place, for
n bridges over the transition period
until the American people shall def
initeiy make up it's mind that 1t Will
exercise over the great corporations
that thoroughgoing and radical con-
trol which ii is certain ultimately TO
find necessary. The principle 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 al
ways be preserved.
ultimately, and I hope with reason
able speed, the national government
must pass laws which, while increas-
ing the supervisory and regulatory
mower of the government, also permits
such useful combinations as are made
with absolute openness and as the
representatives of the government
may previously approve. But 1t VIII
not be possible to permit such COM
binations save as the second stage IN
a course of proceedings of which the
first stage must be the exercise OF a
far more complete control by the ma
tional government.
Many Difficulties
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
il possible should be proceeded
against crininally, and therefore 1t is
advisable that there should be
clause In these laws providing for
such criminal action and for punish
ment by imprisonment as well as by
fine.
But, as is we'll known, in 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
practice may be so bad that civil
action will lie when it may not be pos
sible to convict him of any one GRIM
inal act.
There is, unfortunately, 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 citizen. no matter how in
famous the life he has led, no matter
how pernicious his doctrine or prac-
tice.
This is the view announced from
time to time with clamorous insist
ence, now by a group of predatory
capitalists, now ~ group of sinister
anarchistic leaders and agitators,
whenever special champion of either
class, no matter how evil his general
life, is acquitted of some one specific
crime.
This View Wicked
Such a view is wicked whether ap-
piled to capitalist or labor leader, to
rich man or poor man. But we have
to take this feeling into account when
we are debating whether it is possible
to get conviction in criminal pro-
ceeding against some rich trust mag
nate, many of whose actions are se-
verely to be condemned from the
moral and social standpoint, but no
one of whose actions seems clearly to
establish such technical guilt as will
insure a conviction.
AS a matter OF expediency, in en-
forcing the law against great COR