Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-12-11
OyERGROWN FORTUNES.
Made Possible by Improper Use of
Modern CORPORATIONS.

cumulated by few individuals OF re
cent years. In what has amounted to 6
social and Industrial revolution, has
been as regards some OF these indi
viduals made possible only by the i'm
proper use Of the modern corporation
A certain type Of modern corporation
with It's officers and agents. its many
issues Of securities and its constant
consolidation with allied undertake
ings, finally becomes an instrument so
complex as TO contain a greater num-
Der Of elements that under various
( judicial decisions lend themselves to
fraud and oppression than any device
yet evolved IN the human brain. Cor
pcrations are necessary Instruments
OF modern business. They have been
permitted to become q menace largely
because the governmental representa-
tives Of the people have worked slowly
in providing for adequate control over
them.
The chief offender In any given case
,oay be an executive Il legislature or a
judge. Every executive head who adj
vises violent instead Of gradual action
or who advocates i'll considered and
sweeping measures Of reform. es-
pecially If they are tain ed with vim
dictiyeness and disregard for TIE
rights Of the minority. is particularly
blamcworthy. The several legislatures
are responsible for the fact that our
laws are often prepared with slovenly
haste and lack of consideration.
Moreover, they are often prepared and
still more frequently amended dur
Ing passage at the suggestion of the
very parties against whom they are
afterward enforced. Our great clus-
ters OF corporations. huge trusts and
fabulously wealthy multimillionaries
employ the very best lawyers they can
obtain to pick flaws I'm these statutes
after their passage. but they also EN-
ploy class Of secret agents who seek .
under the advice of experts TO render .
hostile Legislation innocuous by making
IL unconstitutional, often through the
Insertion Of what appear on their face
10 be drastic and sweeping provisions
against the interests of the parties in
spring them, while the demagogues,
the corrupt creatures who introduce
Matchmaking schemes TO strike" cor
poratlons and all who demand ex-
IRENE and undesirably radical meas
ures show themselves TO be the worst
enemies of the very public whose loud
mOuthed champions they profess to be.
A very striking Illustration OF the
of careiessness in the
of Il statute WAS the en-
Dloyers' liability law of 1906 In the
'ases arising under that law four out
II six courts of first instance held II
six out OF nine ius-
Ices of the supreme court held that
is subject matter was within the
province OF congressional action. and
our of the nine justices held 1t valid.
{ was, however. adjudged unconstitu- ,
ional by Il bare majority of the court !
five TO four. 1t was surely very
lovenly piece Of work to frame the
egislatlon in such shape as TO leave ,
he question open at ALL
Real damage has been done by the
lanifold and conflicting interpreta- n
ons of the Interstate commerce law. r
ontrol over the great corporations do @
X interstate business can be effective Ii
ally II IL is vested with full power in a
a administrative department. branch 4
the federal executive carrying out V
federal law. 1t can never be eff G
'ctive If n divided responsibility is b
it in both the states and the nation. Q,
can never he effective il left in the n
lndS Of the courts to he decided by ST
wsults. G,
The courts hold Il place of peculiar N
ID deserved sanctlty under our form I'll
government. Respect for the law is I'll
sential to the permanence of our in th
buttons. and respect for the law is Mt
'gely conditioned upon respect for &c
2 courts. Ii is an offense against the CO
lublic to say anything which can vi
aiken this respect save for the gray ia
reason and in the most carefully an
arled manner our judges should W
held in peculiar honor. aud the duty pc
respectful aud truthful comment m'
! criticism. which should be binding tn
en- we speak of anybody. should be on
ecially binding when we speak of sp
m, ON an average they stand ne
we any other servants OF The COM on
ulty. and the greatest judges have fr'
ched the high level held by those eie
Z greatest patriots whom the whole NE
niry delights to honor. But we Oh
ST face the fact that there are wise ma
unwise judges inst ms there are y"
t and upwise executives and legis- IRE
rs. When a president or governor .ne
ayes Improperly or unwiSeiy the az
edy Is easy. Tor his term is short. pn'
same Is true with the legislator, c
ough not 10 the same degree. for A
; one of many who belong to some cha
IA legislative body. ami It is there Pol
less easy TO Tx his personal re- the
lSlbiliiy aud hold him accountable thai
efor, With judge who. being sea
an. is also likely to err. but whose this
re is for NE there Is no similar will
Of holding him TO responsibility. ing
pr ordinary conditions the only solu
IS OF pressure TO which he is i'm hav,
way amenaole are public opinion The
the action Of his fellow judges. 1t ter