The sun., 1908-11-10
aENrORcEMENT oF LARl...-

To THE EDITOR OF The sUN-SS: Is 4
not possible. now the election campaign
has ceased. for politicians on both side
to stop stupid shrisklng for enforcement
Of law?
Such shrieking dishonors our country
and hinders the prosperity that ell oi
US desire TO promote. One realizes thai
who reads current expressions Of foreiGr
opinion. It is very reasonable and natural
for European investors Of loanable eapi'
tai TO draw back from sending 1t to 90
lawless O land.
The crying for enforcement OF law
began dozen years ago out OF emotions
that were purely partisan. Republican
politicians started 1t In order 10 prejudice
the Cleveland Administration for assumed
neglect In execution Of the interstatt
commerce and the antitrust lawsin face
of the Supreme Court decision that pro-
duction and manufacture within State
are not interstate commerce which Con-
gress can regulate. That decision upset
the theories Of the nationalists, who were
then compelled to realize that the courts
could not enforce laws forbidden by the
Constitution. The shrielking went on
nevertheless.
After Mckinley had entered the White
House In 1897 Bryan and Democrats took
up the Republican cry and denounced the
Republican Administration for neglect
Of duty because violators OF these two
laws were not put In prison. In the Pres
idential campaign Of 1900 there was even
an effort to make the election turn on
the number OF suits begun during Cleve-
lands last and McKinley's first term.
In 1908 It dawned upon the House Of
Representatives that the fault. IL any.
was not In either President. put in the
laws which did not enable Federal prose-
cutting officers to lay before jurymen and
Judges occult facts regarding railway
determinations. rebates and agreements
for suppressing competition In interstate
commerce. Congress about that time
also discovered that railways were by
means Of free transportation giving re-
bates to President Roosevelt as well a. to
Representatives Of predatory wealth.
An appropriation was made TO pay out
Of the treasury for his transportation ard
thus make unnecessary an enforcement
against him OF the rebate law.
Finally the House asked Attorney
General Knox for sketch Of needed new
laws to supplement the legislation Of 1887
and 1890. The new laws he proposed
quickly went into the statute book and q
half million appropriation for Govern
ment ferrets. detectives and Assistant
Attorney Generals. Then the Depart
ment Of Justice could and did begin under
Knox successful prosecutions. but Presi-
dent Roosevelt straightway assumed the
credit thereof as If he were the whole
outfit"-prosecutor court and jury. Be-
fore long Bryan began, nevertheless,
to taunt the President with failure to
imprison malefactors. and he wrote to
Congress q defence that jurymen would
not convict.
Then came the partisan. shrieking on
every hand. which is yet heard. for en-
forcement OF law.
The latest phase Of it has come Of Roose-
velt's endeavor to persuade the country
that only the President enforces laws.
whereas Congress has ordained that the
Attorney General and District Attor-
neys shall present to Grand Juries and
courts proofs OF violated statutes. and
on them Is the responsibility Of trial and
judgment. The President Is required,
il lie true. to take care that prosecuting
officers are diligent. He has the power
OF pardon, but in no other way can he
enforce punitive laws than through courts
and jurors. He cannot usurp their func-
tions.
The presumption is in our country that
all official work Is rightly done and that
when ascertsined facts show a violation
Of law the violators are brought to trial.
There is reason to hope that before
very long the Supreme Court will declare
with precision the constitutional power
that Congress has over commerce. Then
under President Taft will not Roosevelt
and Bryan cease to lead wild shriekinR
either in the CommoHer or the Outlook for
enforcement Of law? C.
PITTsBuBo. Pa. November 0.