Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-31


scribe to the cynical belief that dishon-
esty and unfair dealing are essential to
business success and are to he condoned
when the success is moderate and ap-
plauded when the success is great. The
methods by which the Standard Oil peo-
pie and those engaged in the other COM
binations of which | have spoken above
have achieved great fortunes can only be
justified by the advocacy of a system OIL
morality which would also justify every
form OF criminalIty on the part of labor
union. and every form OF violence. cor
ruption and fraud. from murder TO bribery
and bailot-boX stuffing in politics.
We are trying TO secure equality OF op-
portuni;y for all. and the struggle Tor
honesty is the same whether it is MADE
on behalf of one set of men or of an
other In the interest of the small set
tiers and landowners. and against the
emhittered opposition of wealthy owners
of huge wandering fioeks of sheep. or OF
of coal and timber. we strive TO put an
end to the theft of public land in the
west. When We do this. and protest
against the action of all men, whether
in public life or in private life. who either
take part in or refuse to try to stop such
theft. we are really engaged in the same
policy as when we endeavor TO put a
stop to rebates or to prevent the up
growth of uncontrolled monopo!ies. Our
effort Is Simply to enforce the principles
of common honesty and common sense
1t would indeed be i'll for the country
should there be any halt in our work
The laws must in the future be admin
istered as they are now being admin
istered. so that the Department OF JUS
tice may continue to be. what 1t now Is
in very fact the Department OF Justice
where so far our ability permits Jus
tice is melted out with an even hand IL
great and small. rich and poor. weak
and strong. Moreover. there should be
no delay in experimenting the laws now
on the statute books by the enactmen,
message l sent TO the Congress on its
assembling Under the existing laws
much. very much. has been actually
accomplished during the past six years,
and it has been shown by actual eN-
perience that they can be enforced
against the wealthiest corporation and
the richest and most powerful manager
or manipulation of that corporation, as
vigorously and fearlessly as against the
humblest offender. Above all. they have
been enforced against the very wrong
doors and agents OF wrongdoers who
have for SO many years gone scot-free
and flouted the laws with impunity,
against great law-defying corporations
of immense wealth. which, until within
the last half dozen years. have treated
themselves and have expected others 70
treat them as being beyond and above
all possible check from law.
Full Power Needed.
1t is especially necessary TO secure
to the representatives of the national
government full power to deal with the
great corporations engaged in interstate
commerce, and above all. with the great
interstate common carriers. Our peo-
Pile should clearly recognize that while
there are difficulties in any course OF
conduct to be followed in dealing with
these great corporations these difhcui-
ties must be faced, and one OF three
courses followed
The first course is to abandon all EFFORT
to oversee and control their actions in
the interest Of the general public and to
permit return to the utter lack OF con-
troll which would obtain if they were left
moment believe that our people would toll
crate this position. The extraordinary
growth of modern industrialism has rem
dered the common law. which grew up
under and was adapted to deal with
totally different conditions. in many re-
spccts inadequate to deal with the new
conditions. These new conditions make
1t necessary to shackle cunning as in the
past we have shackled force. The vast
individual and corporate fortunes, the
vast combinations OF capital, which have
marked the development of our Industrial
system. create new conditions. and ne
cessitate a change from the old attitude
Of the state and the nation toward the
rules regulating the acquisition and ,un-
trammeled business use of property. III
order both that property may be ade-
uuately protected, and that at the same
time those who hold it may be prevented
from w~ongdoing.
TIE second and third courses are to
have the regulation undertaken either by
the nation or by the states. OF course
in, -o,,t
ment and the several state governments
must do each it's part. and each can do a
certain amount that the OtEe- cannot do.
while the only really satisfactory results
must be obtained by the representatives
of the national and state governments
working heartily together within their re-
spective spheres But in my judgment
thOroughgoins and satisfactory control
can in the end only be obtained by the
action of the national government. TO-
almost all the corporations of enormous
wealth-that is. the corporations which
it is especially desirable to control-are
engaged in interstate commerce, and de-
rive their power and their importance not
from that portion of their business which
is intrastat but from the interstate bust
ness. 1t is not easy always to decide just
where the line of demarcation between
the two kinds of business falls. This
line must ultimately be drawn by the fed
eral courts.
NJ
control OF the great corporations by state
action has been wise and effective. but
much Of it has been neither: for wher
the effort is made 10 accomplish by the
action of the state what can only he
accomplished by the action of the nation
the result can only be disappointment
and in the end the law will probably
be declared unconstitutional. So likewise
in the national arena. we who believe
in the measures herein advocated are
ham ered and not aided by the extrem-
lists who advocate action SO violent that
cause more mischief than it would remedy
What Judge Says.
In recent letter from a learned judge
of the supreme court of one of the guilt
states the writer speaks as follows:
I'm all matters pertaining TO interstate
commerce the authority OF the national
government already exists and does not
this existing authority can be in no sense
a usurpation of. or infringement upon
TIL, rights Of the states. On the contrary,
had the federal COVE rnment given this
question more attention in the past and
applied vigorous check 10 corporate
abuses. conditions would now he better.
because the states would have had fewer
reai or imaginary grievances and have
had less cause not only to attempt the
exercise of the authority reserved to the
national government. but to act withou;
proper moderation in matters peculiarly
within their own provinces. The national
government has been renliss in the past.
bu. even at this late day 1t can solve
this problem, and the sooner the national
authority is exercised the less apt are
the states to take action which will rep
resent encroachment upon the national