The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-04-28

cOndemnlng unredSOnADlS cOmDlna-
tions
BURDEN OF PROOF ON COMBINES
Power, should unQuestiOnably be
lodged somewhere in the executive
branch Of the government 10 permit
combinations which will further the
public interest. but it must always
be remembered that as regards the
great wealthy combinations through
which most of the interstate business
of today is done, the iburden OF proof
should be on them to show that they
have a right 10 exist No judicial
tribunal has the knowledge or the.
experience to determine in the -lrst
place whether a given com oInation
is advisable or necessary IN the in
terest of the public. Somebody,
whether a commission or bureau
under the department Of commerce
and labor should be given this power.
MY personal belief is that ultimate
" we shall have TO adopt d national
incorporation law, though ] am well
aware that this may be impossible
at present Over the actions of the
executive body in which the power is
placed the courts should possess
merely a power of review, analogous
to that obtaining in connection with
the work of the interstate commerce
commission at present TO confer
this power would not De leap IN
the dark: it would be merely to carry
still further the theory OF eHectiVe
governmental control of corporations
which was responsible for the creation
of the interstate commerce commits
sion. and for the enlargement OF its
powers. and for creation of the bu-
reau of corporations. T-le Interstate
commerce legislation has worked al
mirablv. 1t has benefited the public;
it has benefited honestly managed
and wisely conducted railroads, and
in spite of the fact. that the bust
ness of the country has enormously
increased, the value of this federal
legislation has been shown by the
way in which il has nabled the fed
eral government to correct the most
pronounced of the great and varied
abuses which existed in the business
world twenty years ago. while the
many abuses that still remain empha
size the. need Of further and more
thorough legislation.
Similarly the bureau of corpora
tons has amply justified its creation.
IN other words. ii is clear that the
principles employed 10 remedy the
great evils in the businSs world have
worked well. and they can ROW be en-
ploYed 10 correct the evils that fur
Their commercial growth has brought
more prominently 10 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 great
" enlarged so as TO meet the require
mentS of the present day.
STATE RIGHTS CASES.
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 cannot control it. All
they can do is TO control intra-state
commerce and this now forms but a
small fraction of the commerce car
ried by the railroads through each
state. Actual experience has shown
that the effort at state control is sure
to be nullified in one way or another
sooner or later The nation alone
can act with effect and wisdom; il
should have the control both of the
business and of the agent by which
the businesses is done. for any attempt
to separate this control must result
in greatest absurdity. This means
that we must rely upon national leg
abuses that no weXist and the others
that are sure to arise unless some
efficient governmental body has ade-
uuate power Of control over them.
CONGRESS FAILS TO ACT.
At present the failure of the con-
gress to utilize and exercise the
great powers conferred upon ii as re-
CARDS interstate commerce leaves
this commerce to be regulated. not b.
the state nor vet by the congress.
but by the occasional and necessarily
Inadequate and Cne-sided action of
the federal judiciary However. up
right and able a court is. ii cannot
act cOnstTuCtiveIy: il can only act
negatively or destructively as an
agency of government: and this
means that the courts are and must
always be unable to deal effectively
with a problem like the present
which requires constructive action.
A court can decide what is faulty
but it has no power to make better
what il thus finds to be faulty. There
should be an efficient executive body
created with power enough to cor