The Montgomery advertiser., 1907-08-21

the same manner; and of course we must be as scrupulous to safeguard the rights of the. corporations as to exact rom them in return full measure or Justice to the public. believe In a national incorporation law for cor porations engaged in interstate busi- ness. I believe, furthermore. that the need for action is most pressing as re- gards those corporations which, be- cause they are common carriers. exer- else a uuasi-publie function: and which can be completely controlled, in all re- spects 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 proper regulation of these railroad corr work. The National Government should exercise over them q similar supervis- ion and control to that which 1t exer- cises over nationab banks. We can do this only by proceeding farther along the lines marked out by the recent na- tional legislation.
 Concentration of Capital.
 Tn dealing with any totally new set of conditions there must at the out set be hesitation and experiment.. Such the enormous concentration of capital employed in interstate business. Not only the legislatures but the courts and the people need gradually to be educated so that they may see what the real wrongs are and what the real remedies. Almost every big business con- cern is engaged in interstate com merce. and such concern must not position. as has been too often the case in the past. to escape thereby all responsibility either to State or to na- tion. The American people became firmly convinced of> the need of com trol oyer these great aggregations of capital. especially where they had a monopolistic tendency, before they be. came quite clear as to the proper way of achieving the control. Through their representatives in Congress they large degree, at elast as Interpreted by the courts. contradictory On the one hand, under the anti-trust law and ef- fort was made to prohibit all combi- hurtful or beneficial to the public On the other hand. through the interstate commerce law a beginning was made In exercising such supervision and con. trol as to prevent their doing any first law, the so-called Sherman law, has filled a useful place for it bridges over the transition period until the American people shall definitely make up its mind that 1t will exercise over the great corporations that thorough. going and radical control which 1t is certaip 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 always be preserved. uI- tin1ateiy. and I hope with reasonable speed: the National Government must pass laws which while increasing the supervisory and regulatory power sf the government also permits such use full combinations as are made with ab- solpte openness and as the representa- iy approve But 1t will not be possible to permit such combinations save as the second stage in a course of pro- csedinRs of which the first stage must be the exercise of far more complete control by the national government.
 Dealing with Trusts.
 In dealing with those who offend against the antitrust and interstate commerce laws the Department of Justice 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 against criminaliy; and therefore 1t Is advis- able that there should be clause in these laws providing for such criminal action. and for punishment bv impris- onment as well as by fine. But, as Is 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 1t is always true that a'man's general practices may be so bad that civil aetisFewiifH lie when 1t may not be possible to convict him ot any one criminal act. There is unfortunately certain number of our fellow w-countryfnen who seem to accept the view that unless man can be proved guilty of some particular crime he shall be counted good citizen. no