Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-08-23

ample service actually rendered. But
there is a growing determination that
no man shall amass a great fortune by
special privileges, by chicanery and
wrong doing, so far as it Is in the pow
er of legislation to prevent; and that
the fortune when amassed shall not
have a business use that Is anti social.
Most large corporations do business
that Is not confined to any one state.
Experience has shown that the effort
to control these corporations by mere
state action can not produce whole
some results In most cases such ef-
fort 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 hardship to the
corporation itself, or else hardship to
neighboring states which have not
tried to grapple with the problem in
the same manner; and Of course we
must be as scrupulous to safeguard the
rights of the corporation as to exact
from them in return a full measure Of
justice to the public. I believe in a
national incorporation law for corpora
tions engaged in interstate business.
1 I believe, Furthermore, that the need
for action Is most pressing as regards
those corporations which, because they
are common carriers, exercise a quasi
public function; and which can be
completely controlled, in all respects
by the Federal government, by the ex-
ercise Of the power conferred under
the Interstate commerce clause OF the
constitution. During the last few
years We have taken marked strides In
advance along tho road Of proper reg
ulation Of these railroad corporations;
but we must not stop In the work.
The national government should exer-
else over them a similar supervision
and control to that which 1t. exercises
over national banks. We can do this
only by proceeding farther along the
lines marked out by the recent nation
al legislation.
Conservatism 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 or
capital employed in interstate busi-
ness. Not only the legislatures, but
the courts and people, need gradually
to be educated so that they may see
what the real wrongs are and what the
real remedies. Almost every big bus
mess concern is engaged in Interstate
commerce, and such concern must
not be allowed by a dexterous shifting
o. position, as has been too often the
case in the past, to escape thereby all
responsibility either to state or to ma
ton. The American people became
firmly convinced of the need Of control
over these great aggregations of CAPT.
tai, especially where they had mo-
nopolistic tendency, before they became
quite clear as to the proper way OF
achieving control. Through their rep
resentatives in congress they tried two
remedies, which were to a large de-
gree, at least as interpreted by the
courts, contradictory. On the one
hand, under the antitrust law the
effort was made to prohibit all combi-
nation, whether II was or was not hurt
full or beneficial to the public. On the
other hand. through the Interstate
commerce law a beginning was made
in exercising such supervision and con-
troll over combinations as to prevent
their doing anything harmful to the
body polite. The first law, the So
called Sherman law, has filled a useful
place, for 1t bridges over the transi-
ton period until the American people
shall definitely make up its mind that
IL will exercise over the great corpora
tions that thoroughgoing and radical
control which 1t 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 always
be preserved. Ultimately, and hope
with reasonable speed, the national
government must pass laws Which,
while increasing the supervisory and
regulatory power Of the government,
also permits such useful combinations
as are made with absolute openness
and as the representatives of the gov
ernment may previously approve. But
It will not be possible to permit such
combinations save as the second stage
In a course of proceedings OF which
the first stage must be the exercise OF
far more complete control by the
national government.
Civil and Criminal Actions.
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 II
possible should be proceeded against
criminally; and, therefore, 1t Is advis-
able that there should be a clause In
these laws providing for such criminal
action, and for punishment by impris-
ment as well as by fine. But, as Is
we'll known. in a 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 gen.
eral public: while, in addition, 1t Is al
ways true that a mans general prac-
tices may be so bad that a civil action
will lie when it may not be possible to
convict him of any one criminal act.
There Is unfortunately certain num-
Der OF our fellow countrymen who seem
to accept the view that unless man
can be proved guilty Of some particu-
lar crime he shall be counted good
citizen, no matter how infamous the
life he has led, no matter how perni-
ciOus his doctrines or his practices.
This is the view announced from time
to time with clamorous insistence, now
by a group Of predatory capitalists,