The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1908-04-29
HARD EARNED MONEY
FROM H., .SEST Toll
HEAVEN SENT BLESSING.

through the astounding revolution
which in this country began over half
a century ago there was at first much
hesitation as to what particular gov
ernmental agency should be used to
grapple with the new conditions. At
almost the same time, about twenty
years since, the effort was made 10
control combinations by regulating
them through interstate commerce
commissions and to abolish them by
means of the antitrust act, the two
remedies therefore being in part mu-
tually Incompatible. The interstate
commerce law has produced admira-
Bile results, especially since it was
strengthened by the Hepburn law
two years ago. The antitrust law.
though it worked some good because
any hing is better than anarchy and
! complete absence of regulation, new
ertheless has proved in many respects
not mere in adequate bur mischief
Gus. Twenty years ago the misuse
OF corporate power had produced al
most every conceivable form Of abuse
and had worked the grayest injury
1 to business morality and he public
conscience. For a long time federal
regulation OF interstate commerce
had been purely negative. the nations
al Judiciary merely acting in isolated
cases to restrain the : ate from cXeY-
cising Il power which was cleary UNI
4 constitutional as we'll as unWise for
them to exercise, but which neyerthe-
\ less he national government Itself
failed to exercise.
4 Thus he corporations monopoliz-
ing commerce made the Law for them
selves. state power and common law
being inadequate to accomplish any
effective legislation and the national
4 power not yet having been put forth.
The result was mischieyous in he
extreme and only shortsighted and
I utter failure to appreciate the gross
ness of the evils 10 which the lack
OF regulation gave rise can excuse
the We'll meaning persons who now
desire TO abolish the antitrust law
outright or TO amend il by simply
condemning unreasonable combine
ton" Powel should unquestionably
be lodged somewhere in The execu-
tive branch of the government to
permit combinations which will fur
Their he public interest. but ii must
CARDS the great wealthy combinations
through which most OF the interstate
business of today is done, the burden
of proof should be on ihem TO show
that they have right to exist. No
judicial tribunal has the knowledge
or the experience TO determine in the
first place whether given combind-
, ton is advisable or necessary in the
interest OF the public. Somebody.
whether commission or bureau
under the department OF commerce
and labor, should be given this
power. My personal belief is that
ultimately we shall have TO adopt a
national Incorporation law, though
am we'll aware that this may be i'm
possible at present. over the actions
of the executive body the power is
placed and the courts should possess
merely power of review, analogous
to that Obtaining in connection with
the work OF the interstate commerce
commission at pl esent. To secure
this would not be leap in the dark,
it would be merely to carry sttll fur
Their the theory of effective govern
mental control of corporations which
was responsible for the creation OF
the interstate commerce commission
and for the enlargement OF its pow
ers and for the creation of the bureau
of corporations. The interstate COM
merce legislation has worked admir-
ably. 1t has benefited the public; Il
has benefited honestly managed and
wisely conducted railroads and in
spite of the fact that the business OF
| a n
creased he calue of this federal leg
islation has been shown by the way
in which it has enabled the federal
government to correct the most pro-
nounced abuses which existed in the
business world 20 years ago-while
the many abuses that still remain
emphasize the need of further and
more thorough going legislation
Similarly the bureau of corporations
has amply justified its creation. In
other words, 1t is clear that the prin-
ciples employed to remedy the great
evils in the business world have
worked well. and they can now be
employed to correst the evils that
further commercial growth has
brought more prominently to the
surface. The powers and scope of
the interstate commerce commission
and of any similar body, such as the
bureau of corporations, which has TO
deal with the matter in hand. should
be greatly enlarged, so as TO meet
the requirements of the present day.
The decisions of the supreme court
in the Minnesota and North Carolina
cases illustrate how impossible is a
dual control of national commerce.
The states can not control il. All
ley can do is to control intra-state
commerce and this is a small frac-
ton of the business carried through
each state. The expense has shown
that the effort at state control is sure
to be nullified in one way or another,
sooner or later. The national one
can act with effectiveness and wis
!, dom: 1t should have the control both
of the business and Of the agent by
which the business Is done for any
attempt to separate this control
must result in great absurdtty. This
means that we must rely upon ma