The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1908-04-30

must result In grotesque absurdity. This
means that we must rely upon national
Legislation TO prevent the commercial
abuses that now exist and the others that
are sure 10 arise unless some efficient
governmental body has adequate power OF
control over them. AT present the failure
OF the congress to utilize and exercise the
great powers conferred upon II as regards
interstate commerce leaves this commerce
70 pc regulated, not by the state nor yet
by the congress, but by the occasional
and necessarily inadequate n one-sided
action OF the federal judiciary. However
upright and able a court IL. II cannot
act constrvctively; it can only act mega
government; and this means that the
courts are n 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 II has no power TO make better what
II thus finds to be faulty. There should
be an efficient executive body created with
power enough to correct abuses and scope
enough to work out the complex problems
that this great country has developed. II
Is not sufficient objection TO say that such
a body may be guilty OF unwisdom or
whether a court or a commission, whether
executive, legislative or judicial IL given
power enough to enable 1t to do enectiye
work for good, must also ineyitaply re-
ceive enough power to make 1t possibly
e1ective for evil.
Therefore, II Is clear that Cunless a ma
tional incorporation law can be
cutive service should be given power to
pass upon any combination or agreement
In relation to Interstate commences, ana
every such combination Or agreement not
violation Of law and prosecuted accord.
ingly. The i~ssuanc OF the securities OF
any combination doing interstate business
should be under the supervision OF the
national government.
Abuse OF Power.
A strong effort has been made to have
labor organizations completely exempted
from any OF the operations OF this law.
whether or not their acts are In restraint
OF trade. Such exception would In all
probability make the bill unconstitutional,
and the legislature has no more right to
pass a bill without regard to whether II
IirhtIn 70 u declare 1 unconstitutiona a law
which the legislature has solemnly en-
acted. The responsibility Is as great on
the one side as on the other, and an
one direction is equally to be con-
demned with an abuse OF power by the
courts in the other direction. 1t Is not
possible wholly to except labor Gasan.z IA
they who insist upon totally excepting
them are merely providing that their
status shall be kept wholly unchanged,
posed TO the action which they now dread.
Obviously, an organization not formed Tor
profit should not be required 10 furnish
statistics in any way as complete as those
furnished by organizations for pront.
Moreover, so far as labor Is engaged In
production only, its claims to be exempted
from the antitrust law are sound. This
would substantially cover the right OF la
borers to combine, to strike ~peaceably,
and to enter into trade agreements with
the employers. But when labor under
takes in a wrongful manner to prevent the
distribution and sale OF the products OF
labor, as by certain forms OF the boycott,
1t has left the field OF production, and It's
action may plainly be in restraint OF In
terstate trade, and must necessarily be
subject to inquiry, exactly as In the case
Of any other combination for the pur-
pose, so as to determine whether such &C
ton is contrary to sound public policy.
The heartiest encouragement 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 AZ they act peaceabiy U pc
preserved But we should sanction neith-
er a boycott nor a blacklist which would
be illegal at common law.
, Law Defying Days Over.
The measures l advocate are in the in
terest both OF decent corporations and of
la~W-abiding labor unions. They are,
moreover, pre-eminently 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 law-defying and i~aw-evading
corporations are over, and that from this
time on the mighty organization OF cap
ness under modern conditions. while en-
couraged 50 long as they act honestly
and in the interest OF the general public,
are to be subjected TO careful supervision
and regulation Of a kind so effective as to
insure their acting In the interest or the
people as a whole.
Allegations are often made to the ef-
81 NIAk 49, O.. -. Wnnl AA RnH NhAan
laws looking to the more effective control
of the great corporations, upon the ground
that they will do their work well Without
such control. i call your attention to the
accompanying copy of a report just sub
mitted by Nathan Matthews, chairman OF
the finance commission, to the mayor and
city council of Boston, relating to certain
eyii practices o OF h,5 VARIOUS US. eUrpo rnS tS
the city iron and steel. This report shows
that there have been extensive combina-
tionS formed among the various corpora
tions which have business with the city OF
Boston, including. for instance, a care
fully planned combination embracing
practically all the firms and corporations
engaged in structural steel work In New
England. This combination included sub
.stantially, all the local concerns. and
many of the largest corporations In the
United states, engaged In manufacturing
or furnishing structural steel for use in
states, the cities and towns, the railroads
and street railways, and generally all per-
sons having occasion to use iron or steel
for any purpose in hat section Of the
country. AS regards the city of Boston,
the combination resulted In parceling out
the work by collusive bids. plainly dishon-
est, and supported by false affirmations.
In its conclusion the commission recon-
mends as follows: r.. ..
Commission Report. ,...
Comment on the moralmean,ng Of these
methods and transactions would seem
superfiuous: but as they were defended at
the public hearings of the commission and
asserted to be common n entirely prop
err Incidents OF, business life, and as these
practices have been freely resorted TO by
some of the largest Industrial corporations
that the world has ever known, the COM
mission deems II proper to record its own
opinion.
9Th commission disIikes to believe that
these practices are, as alleged. established
by the general custom OF the business
community; and this defense itself, If un-
challenged, amounts to a grave accusa-
ton against the honesty OF present bust
ness methods. 49, .. .... . r.
ITO answer an invitation for public or
private work by sending in what purports
to be genuine BIDS, but h In reality are
collusive figures purposely made higher
h the bid which is known will be sub
mitted by one of the supposed councillors