The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1908-04-30


since, the effort was made to control
combinations by regulating them
through the interstate commerce com
mission and to abolish them by
means of the antitrust acts, the two
remedies therefore being in part mu-
tually incompatible. The Interstate
/ commerce law has produced admir-
able results, especially since It was
strengthened by the Hepburn law two
years ago. The antitrust law, though
1t worked some good. because any
thing Is better than anarchy and COM
plete absence of, regulation. neverthe-
less has proved in many respects
not merely inadequate vut mischiev-
Gus.
Twenty years ago the misuse of
| corporate power had produced almost
every conceivable form of abuse, and
had worked the sgravest injury to
business morality and the public con-
science. For long time federal reg
ulation Of Interstate commerce had
been purely negative. the national ju-
dietary merely acting in isolated
cases to restrain the state from exer-
cising a power which It was clearly
unconstitutional as well as unwise,
for them to exercise. but which new
ertheless the national government It.
self failed to exercise. Thus the cor
porations. monopolizing commerce,
made the law for themselves, state
| power and common law being made
quite to accomplish any effective reg
ulation. and the national power not
yet having been prt forth. The result
was mischicvous i'm the extreme and
only short-slghted and utter failure to
appreciate he grossness Of the evils
70 which the lack OF regulation gave
| rise can excuse the well meaning per
sons who now desire TO abolish the
antitrust law outright, or to amend
| T. by simply condemning "unreason-
able" combinations Power should
unnuestionahly he lodged somewhere
| in the executive branch of the govern
ment to permit combinations which
will further the public interest; but
II must always be remembered that
as regards the great and wealthy
| Nblliuli iullbl'o NuIbuEu WHltu NuOol vi
the Interstate business of today is
done the burden of proof should be
on them to show that they have a
right 20 exist.
No Judicial tribunal has the knowl.
edge or the experience to determine
in the first place whether a given
combination Is advisable or necessary
in the interest of the public. Some
body, whether a commission or a bu-
reau under the department of com
merce and labor, should he give this
power. My personal belief is that ul-
| timately we shall have to adopt ma.
tional incorporation law, though I am
we'll aware that this may be impossi-
BILE at present. over the action 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 be a leap in the
dark; II would merely be TO carry still
further the theory of effective govern.
mental control Of corporations which
was responsible for the creation of
the interstate commerce commission
and the enlargement OF its powers,
and for the creation OF the bureau OF
corporations.
The interstate commerce legislation
has worked admirably. It has bene-
fitted the public; it has benefited hon
estly managed and wisely conducted
railroads. and IN syite Cf the fact that
the business of the country has
enormously increased, the value Of
This federal legislation has beer
shown by the way in which IT has en-
abled the federal government TO cor.
rect the most pronounced of the great
and varied abuses which existed in
the business world 20 years ago,
while the many abuses that still re-
main emphasize the need OF further
and more thorough-going legislation.
Similarly the bureau of corporations
has amply justified its creation. In
other words II is clear that the prin.
ciples employed 10 remedy the great
evils in the business world have
worked well, and they can now be en-
ployed TO correct the evils that fur
ther commercial growth has brought
more prominently TO the surface. The
powers and scope OF the interstate
commerce commission and of any sim
liar body, such as the bureau Of cor
porations, which has to deal with the
matter in hand, should be greatly en-
larged so as to meet the requirements
Of the present day.
State Control Ineffective.
The decisions OF the supreme court
in the Minnesota and North Caroline
cases illustrate how impossible is
dual control of national commerce.
The states can not control it. All
they can do is to control intrastate
commerce, and this now forms but
small fraction Of me 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 OF another
sooner OF later. The nation alone can
act with effectiveness and wfRdom II