Arizona republican., 1907-08-21

tried to grapple with the problem in
the same manner: and of course we
must be as scrupulous to safeguard
the rights of the corporations as to ex-
act from them in return a full meas
ure of justice to the public / believe
IN a national Incorporation law for
corporations engaged in interstate bus
mess. l believe. furthermore, that the
need for action is most pressing as re-
CARDS those corporations which, be-
cause they are common carriers. ex-
ercise a quasi-public function: and
which can be completely controlled. in
all respects by the federal govern
ment. by the exercise of the power
conferred under the interstate COM
merce clause. and. if necessary, under
the post-road clause, of the constitu-
tion. 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 ma
tional government should exercise over.
them a similar supervision and con-
troll to that which it exercises over ma
tiOnal hanks. We can do this only by
proceeding farther along the lines
marked out by the recent national leg
islation.
JUSTICE HANDICAPPED.
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 real
ly acted in criminal fashion. and If
possible should be proceeded against
ciiminally; and therefore il is advis-
able that there should be a clause in
these laws providing for such GRIM
inal action. and for punishment by i'm
prisonment as well as by fine. But as
Is well 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 gen.
eral public; while i'm addition it is al
ways true that a mans general pracI
tices may be so bad that a civil ac-
ton will lie when il may not be possi-
bic to convict him of any one criminal
act. There is unfortunately certain
number of our ellow-countrlymen who
seem to accept the view that unless 4
man can be proved guilty of some par
ticular crime he shall be counted a
good citizen, no matter how Infamous
the life has led no matter how per-
nicious his doctrines or his practices.
This is the view announced from time
to time with clamorous insistence now
by group Of predatory capitalists.
now by a group of sinister anarchistic
leaders and agitators, whenever a spe-
cial champion of either class no mat
ter how evil his general life, is ac-
quilted Of some specific crime.
Many men of large wealth have been
guilty of conduct which from the NOR
al standpoint is criminal. and their
misdeeds are to a peculiar degree rep
rehensible, because those committing
them have no excuse of want, of pow
erty, Of weakness and ignorance to Of
fer as partial atonement. When in ad-
ditiOn to moral responsibility these
men have a legal responsibility which
can be proved so as to impress a judge
and jury. then the department will
strain every nerve to reach them GRIM
inally. Where this is impossible then
ii will take whatever action will be
most effective under the actual con-
ditions.