The daily morning journal and courier., 1907-08-21

ed to any one State. Experience has shown that the effort to control these corporations by mere State action can not otproduce 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 to cause either hard ship to the corporation itself, or else hardship to neighboring States which have not tried to gr2pple with the problem In the same manner; and of course we must be as scrupulous to safeguard the rights of the corpora tions as to exact from them in return a full measure of justice to the public.
 I believe in national incorporation law for corporations engaged in inter- state business I believe, furthermore, that the need for action is most press ing as regards those corporations which. because they are common car riers, exercise a quasi-public function; and which can be completely controlled, in all respects by the federal govern ment, by the exercise of the power con ferred 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 corporations; but we must not stop in the work The national govern ment should exercise over them a sim liar supervision and control to that which it exercises over national banks. We can do this only by proceeding farther along the lines marked out by the recent national legislation.
 Experiment Necessary.
 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 em- ployed 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 reme- dies. Almost every 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 in the past, to escape thereby all responsibility either to state or to nation. The American people became firmly convinced of the need of control over these great ag- gregations of capital, especially where they had monopolistic tendency, be- fore they became quite clear as to the proper way of achieving the control. Through their representatives in Con- gress they tried two remedies, which were to large degree, at last as in- terpreted by the courts, contradictory On the one hand, under the antitrust law the effort was made to prohibit ali combination, whether 1t was or was not hurtful or beneficial to the public
 On the other hand, through the inter- state-commerce law beginning was made in exercising such supervision and control over combinations as tc prevent their doing anything harmful to the body polite. The first law, the
 so-called herman law has filled a use.
 full place, for it bridges over the tran sition period until the American people shall definitely make up its mind that lit will exercise over the great corpora tions that thoroughgoing and radlccl control which 1t is certain ultimately tc | find necessary. The principle of the Sherman law so far as 1t prohibits com. binations which, whether because of their extent or of their character, are harmful to the public must always be | preserved. Ultimately, and I hope with reasonable speed, the government must pass laws which, while increasing tho | supervisory mad regulatory power of the government, also permits such useful combinations as are made with absolute openness and &3 the repre- lsentatives of the government may previously approve But 1t will not
 be possible to permit such combina-
 tions 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.
 1 Difficulties of Criminal Prosecution. In dealing with those who offend 1 against the antitrust and interstate l commerce laws the Department of
 Justice has to encounter many and great difficulties Often men who i have been guilty of violating these laws have really acted in criminal fashion, and if possible should be pro- ceeded against criminally; and there- l fore it is advisable that there should 1 be a clause in these laws providing for such criminal action, and for pun 1 ishment by imprisonment as well as 1 by fine. But, as is we'll known, in a criminal action the law is strictly con- strued in favor of the defendant, l 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
 a mans general practices may be SC
 bad that civil action will lie when il
 I ny not be possible to convict him
 of any one criminal act
 There is unfortunately certain number of our fellow-countryme
 who seem to accept the view that un- :, less a man can be proved guilty oi some particular crime he shall be
 counted good citizen, no matter
 how infamous the life he has led nc
 matter how pernicious his doctrines or his practices. This is the view an 'nounced from time to time with clam
 orous insistence, now by group ot predatory capitalists, now by a group
 of sinister anarehistic leaders and
 agitators, whenever U special cham. tpion of either class, no matter how
 evil his general life is acquitted o1