The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-02-01

i'll for the country should there be any
halt in our work.
Equal Justice To All.
The laws must in TIL culture be adj
mnistered as they are now being admin
istered, so that the department of justice
may continue to be, what it now is in
very fact the department of Justice, where
so far as our ability permits justice is
melted out with an even hand to great
and small. rich and poor, weak and
strong. Moreover, there should be no
delay in supplementing the laws now on
the statute books by the enactment OF
further legislation as outlined in the
message l sent to the Congress on it's
assembling. Under the existing laws
much, very much, has been actually ac-
complished during the past six years,
and it has been shown by actual expert
ence that they can be enforced against
the wealthiest corporation and the rich
est and most powerful manager or manip-
ulator of that corporation, vigorously
and fearlessly as against the humblest
offender Above ALL they have been en-
forced against the very wrongdoers and
agents of wrongdoers who have for SO
many years gone scot-free and f1outed
the laws with impunity, against great law
defying corporations of immense wealth,
which, until within the last half dozen
years, have treated themselves and have
expected others to treat them as being
beyond and above all possible check from
law.
1t is especially necessary to secure to
the representatives of the national gov
eminent full power to deal with the great
corporations engaged in interstate COM
merce. and above all, with the great
interstate common carriers. Our people
should clearly recognize that while there
are difficulties in any course of conduct
to be followed in dealing with these
great corporations, these difficulties must
be faced, and one of three courses Toll
lowed.
Difficulties Ahead.
The first course is to abandon all eff
fort to oversee and control their actions
in the interest of the general public
and to permit a return to the utter lack
of control which would obtain If they
were left to the common law. l do not
for one moment believe that our people
would tolerate this position. The extra
ordinary growth of modern industrialsm
has rendered the common law, which
grew up under and was adapted to deal
with totally different conditions, in many
respects inadequate to deal with the new
conditions These new conditions make
it necessary to shackle cunning. as in the
past we have shackled force. The vast
Individual and corporate fortunes, the
vast combinations of capital, which have
marked the development of our indus
trial system, create new conditions. and
necessitate a change from the old attitude
of the state and the nation toward the
rules regulating the acquisition and un-
trammeled business use of property, in
order both that property may be ade-
uuately protected, and that at the same
time those who hold 1t may be prevented
from wrongdoing.
The second and third courses are II
have the regulation undertaken either by
the nation or by the states. OF course III
any event, both the national government
and the several state governments must
do each It's part and each can do Ger
tain amount that the other can not do,
while the only really satisfactory results
must be obtained by the representatives OF
the national and state governments work.
ing heartily together within their re-
spective spheres. But In my judgment
thoroughgoing and satisfactory control
can in the end only be obtained by the
action of the national government, for al
most all the corporations of enormous
weath-that is, the corporations which II
is especially desirable to control-are en-
gagged in interstate commerce, and derive
their power and their Importance not from
that portion of their business which Is In
trastate. but from the interstate business
I is
the line of demarcation between the two
kinds of business falls. This line must ul-
timately be drawn by the federal COURTS
Much of the effort to secure adequate con-
troll of the great corporations by state
action has been wise and effective, but
much of it has been neither; for when the
effort is made to accomplish by the acton
of the state what can only be
ACCOMPLISHED by the action of the
nation, the result can only be dis
appointment, and in the end the law VIII
probably be declared unconstitutional. 80
likewise in the national arena, we VINO pc
lieye in the measures herein advocated
are hampered and not aided by the ex-
tremists who advocate action SO Violent
that it would either be useless or else
would cause more mischief than 1t would
remedy.
Check To Abuses.
In a recent letter from learned judge
of the supreme court of one OF the guie
states. the writer speaks as follows:
in all matters pertaining to interstats
commerce the authority OF the natioaia.
government already exists ana uoes not
have to be acquired, and the exercise ol
this existing authority can be III no seise
usurpation Of or Infringement upoh' inc
rights of the states. On the contrary, MAD
the federal government given TINS ques-
tion more attention in the past ana APP
nled a vigorous check to corporate ABUSES
conditions would now be better because
the states would have had FEWER real OF
imaginary grievances and have had less
cause not only to attempt the exercise OF
the authority reserved to the national
government but to act without proper
moderation in matters peculiarly within
their own provinces. The national gov
eminent has been remiss in the past, but
even at this late day 1t can solve this
nroblem and the sooner the national au-
thority is exercised the less apt are the
states to take action which will represent
| encroachment upon the national domain.
There is field of operations for both
! powers, and plenty alike for national and
| state governments to do in order to pro-
| tect both the people and the public utili-
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