The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-28

therefore, 1t is clear that (unless a
naLlonal Incorporation law can be
in the executive service should be given
power to pass upon any combination or
agreement in relation to interstate
commerce, and every such combination
or agreement not thus approved should
be treated as in violation of law and
prosecuted accordingly. The issuance
of the securities of any combination
doing interstate business should be I'M
der the supervision of the national
governm cent. 80
Exemption of Labor.
strong effort has been made to
have labor organizations completely
exempted from any of the operations
of this-la whether OF not their acts
are in restraint of trade. Such excep-
ton would in all probability make the
bill unconstitutional. and the legisla-
ture has no more right to pass a bill
without regard to whether it is consti-
tutlonal than the courts have lightly to
declare unconstitutional a law which
the legislature has solemnly enacted
The responsibility is as great on the
one side as on the other, and an abuse
of power by the legislature in one di-
rection is equally to be condemned with
an abuse of power by the courts in
the other direction. 1t is not possible
wholly to except labor organizations
from the workings Of this law, and
they who insist upon totally excepting
status shall be kept wholly unchanged,
and that they shall continue to be ex-
posed to the action which they now
dread. Obviously. an organization not
formed for profit should not be re-
quired to furnish statistics in any way
as complete as those furnished by or
CARNATIONS for profit. Moreover, so
far as labor is engaged in production
only, it's claims to be exempted from
the antitrust law are sound. This
Wy all r1e-ko tn
laborers to combine, to strike peace
ably. and to enter into trade agree
ments with the employers. But when
labor undertakes in wrongful man.
ner to prevent the distribution and
sale of the products. of labor, as by
certain forms of the boycott, it has left
the field of production, and it's action
may plainly be in restraint of inter-
state trade, and must necessarily be
subject to inquiry, exactly as in the
same purpose, SO as to determine
whether such action is contrary to
sound public policy The heartiest en-
couragement should be given to the
wageworkers to form labor unions and
to enter into agreements with their
employers; and their right to strike,
so long as they act peaceably, must
be preserved. But we should sanction
neither boycott nor a blacklist which
would be Illegal at common law.
The measures I advocate are in the
interest both Of decent corporations
and of law-abiding unions. They are,
moreover. prominently in the interest
of the public, for in my judgment the
American people have definitely made
up their minds that the days of the
reign of the great lawdefying and law
evading corporations are over, and that
from this time on the mighty organiZa-
lions of capital necessary for the trans
action of business under modern con-
CT a
they act honestly and in the interest
of the general public, are to be SUBJ
jected to careful supervision and reg
ulation Of kind SO effective as to,
insure their acting in the interest of
the people a whole.
Boston Situation.
Allegations are often made to the eff
feet that there is no real need for these
laws looking to the more effective con-
troll Of the great corporations, upon the
ground that they-swill do their work
well without such control I call your
attention to the accompanying copy of
a report just submitted by Mr.. Nathan
Matthews, chairman of the finance
commission. to the mayor and city
council Of Boston, relating to certain
evil practices of various corporations
which have been bidders for furnishing
to the city iron and Steel This report
shows that there have been extensive
combinations formed among the var
ious corporations which have business
with the city of Boston, including, for
instance, a carefully planned combina-
ton embracing practically all the
firms and corporations engaged in
structural steel work in New England.
This combination included substantial
ly all the local concerns, and many OF
the largest corporations in the United
States engaged in manufacturing or
furnishing structural steel for use In
any part of New England; it affected
the states the cities and towns, the
railroads and street railways. and gen.
orally all persons having occasion to
use iron or steel for any purpose in
that section Of the country. AS regards
the city of Boston, the combination re-
suited in parceling out the work by
coIlusive bids, plainly dishonest. and
supported by false affirmations. In its
conclusion. the commission recon-
mends as follows:
comment on the moral meaning of
these methods and transactions would
seem superf1uous; but as they were de-
Tended at the public hearings of the
commission and asserted to be common
and entirely proper incidents of BUSH
ness life, and as these practices nave
been freely resorted to by some of the
largest industrial corporations that the
world has ever known, the commission
deems it proper to record it's own opin-
ion.
The commission olsHheS u ueHove
that these practices are. as alleged,
established by the general custom of
the business community; and this de-
tense itself, if unchallenged, amounts
to a. grave accusation against the hon
estv Of present business methods.
ITO answer an invitation for public
or private work by sending In what
purports to be genuine bids, but what
in reality are collusive figures pur-
posely made higher than the bid which
is known will be submitted by one of
the supposed competitors is an act of
plain dishonesty.
.sTo Support these Misrepresentation
by false affirmations in writing that
the bids are submitted in good faith.
and without fraud, COLLISION, or con-
nection with any other bidder, is a
positive and deliberate fraud; the sue