The Washington herald., 1908-04-28

the country has enormously increased.
the value Of this Federal legislation has
been shown by the way in which it has
enabled the Federal government to cor
rect 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 en-
phasize the need Of further and more
thoroughgoing legislation. Similarly, the
Bureau of Corporations has amply JUS
titled its creation. In other words. it is
clear that the principles employed to
remedy the great evils in the business
world have worked we'll and they can
now be employed 70 correct the evils
that further commercial growth has
brought more prominently 10 the surface
The powers and scope of the Interstate
Commerce Commission, and of any SINH
lar body, such as the Bureau OF Cor
porations which has to deal with the
matter in hand. should be greatly en-
larged so as 10 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 con-
troll OF national commerce. The States
cannot control t. All they can do is TO
control intrastate commerce, and this
now forms but a small fraction of the
commerce carried by the railroads
through each State. Actual experience
has shown that the effort az State con-
troll is sure 10 be nulliied in one way or
another sooner or later
Attacks Ability OF states.
The nation alone can act with effect
iveness and wisdom; it should have the
control both of the business and OF the
agent by which the business is done. for
any attempt 10 separate this control 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
government body has adequate power Of
control over them. At present the failure
OF the Congress to utilize and exercise
the great powers conferred upon il as re-
CARDS interstate commerce leaves this
commerce TO be regulated, not BY the
State nor yet by the Congress. but bv the
occasional and necessarily Inadequate
and one-sided action OF tive Federal tudi
ciary. However upright and able a court
IS, II cannot act constrUctively: II can
only act negatively or d.structivelv. as
an agency Of government; and this means
that the courts are and must alwavs be
unable 10 deal effectively with a problem
ike the present. which requires con-
Structive action. 4 court can decide what
Is faulty, but It has no power to make
better what 1t thus finds to be faulty.
mere should be an efficient executive
body created with power enough 10 cor
TnrT lhf1Cau
out the complex problems that this great
country has developed. II is not sum
cient objection TO say that such a body
may be guilty of Unwisdom or of abuses
Any governmental body. whether a court
or commission. whether executive, leg
islative. or judicial, IL given power
enough to enable II to do effective work
Tor good. must also inevitably receive
enough power 10 make It possibly effect
i've for evil
Wants Power Over Seeurfties
Therefore, it is clear that (unless a
national Incorporation law can be forth
with enacted some body or bodies in the
executive service should be given power
TO pass upon any combination or agree
ment in relation 10 interstate commerce
and every such combination or agreement
not thus approved should be treated as
IN violation of law ana prosecuted ac-
cordingly. The issuance Of the securi-
ties Of any combination doing interstate
business should be under the supervision
of the national government.
A strong effort has been made 10 have
labor organizations completely exempted
from any Of the operations Of this law.
whether or not their acts are in re-
sraint Of trade. Such exception would
in all probability make the bill uncon-
stitutional, and the Legislature has no
more right TO pass a bill without regard
TO whether it is constitutional than the
courts have lightly 10 declare uncon-
sttutiOnal a law which the Legislature
has sOlennly e7acted. The responsibility
is as great on the one side as on the
other and an abuse Of power by the Leg
islature in one direction Is equally to be
condemned with an abuse of power by
the courts in the other direction. 1t is
not possible wholly to except labor or
ganizatiOLs from the workings of this
Law, and they who insist upon totally
excepting them are merely providing
that their status sail be wholly un-
changed, and that they shall continue
to be exposed to the action which they
now dread.
Makes LOOphoIe for Labor.
obviously, an organization not formed
for profit should not be required to fur
nish statistics in any way as complete
rs those furnished By organizations for
profit Moreover. so far as labor is en- |
gagged in production only, It's claims to be |
exempted from the anti trust law are
sound. This would substantially cover |
the right of laborers to combine. to |
strike peaceably. and to enter into trade |
agreements with the employers But
when labor undertakes, In wrongful |
manner, to prevent the distribution and
sale of the products of labor, as by GER |
.ain forms of the boycott, ii has left the |
field of production, and its action may /
plainly be In restraint of interstate trade |
and must necessarily be subject to in |
luiry, exactly as in the case of any
)ther combination for the same purpose,
20 as 10 determine whether such action |
5 contrary to sound public policy The |
leartiest encouragement should be given |
10 the wageworkers TO form labor unions /
and 10 enter into ags eements with their /
employers; and their right to strike, so |
ong as they act peaceably, must be pre- i
served. But we should sanction neither /
/ boycott nor blacklist which would be i
Illegal at common law.
The measures I advocate are in the
interest both of decent corporations and /
IF law-abiding labor unions. They are. /
moreover. pre-eminently in the interest of
he public, for, in my judgment, the /
American people have definitely made up /
heir minds that the days of the reign /
DTSTTNCTTVE S,,;4;nx.