The morning journal-courier., 1908-02-01

pie powers for purposes of investlga- ton and supervision, and for making rules and orders, which will enable it to deal to the fullest extent possible. within constitutional limits, with in terstate transportation in al it's phases.
 This is just policy. The power Of congress to fix rates for interstate transportation so as to pretent inn proper discriminations and to compel carriage upon reasonable terms is un- doubted. The sole question is how, and under what circumstances, 1t shall be exercised. But it is manifestly inn possible for the legislative body, on account of the conditions under which 1t works, to make that thorough ex- animation of specific cases which in justice must precede action It may establish general standards of con duct but the exigencies of particular cases can be met only by the pains taking consideration of an administra- tive board, The alternative to this policy is either the abandonment of regulation or sporadic legislative in- tervention under the influence of agi- tatlon and almost necessarily without proper examination of the facts or recognition of the different require ments of varied situations No one can properly complain because legal machinery is provided for the recti- fication of abuses And the aim should be to make the machinery adequate to the purpose of providing redress for every grievance ,and to insist upon standards of administration which will secure intelligent and patient inquiry and impartial enforcement of the law
 Trusts and Combinations.
 The Sherman antitrust act should be clarified and made more explicit The law may be made stronger and more effective by being made more definite. Sweeping condemnations of uncertain meaning, do not aid but rather embarrass the prosecution of those who are guilty of pernicious pratices. Combinations and practices in unreasonable restraint of trade and which menace the freedom of inter state commerce should be condemned in precise terms. At the same time provision may well be made for joint agreements, under proper circum- stances, as to railroad rates, which which should be subject to the ap- proval of the interstate commerce commission.
 Various means have been suggested
 of doubtful validity and still more l doubtful utility--to prevent oppres- sion through the conduct of large en- | terprises and to secure the enforce ment of the law against illegal at 1 tempts to monopolize and the various l devices resorted to in unlawful re- straint of trade. In my judgment the most effective course is explicit defini- l ton of what is wrong and adequate l punishment of the guilty. Such laws l like laws in general which are definite and supported by public sentiment, 1 are to very large extent self-execut- ing. That is, they are generally l obeyed.
 Punishment by Imprisonment.
 l am not in favor of punishment in 1 the shape of fines upon corporations, except for minor offenses. The bur ] den of fines imposed upon such cor porations is either transferred 10 the i public or is borne by stockholders, l the innocent as well as the guilty. Nor am I impressed by the argument that 1 American juries will generally be in disposed to convict where the evidence l is clear, because the crime is punish ed by imprisonment of the offenders. But if the law be definite and the evidence warrants the presentation of the case to the jury, it Is better in my ! judgment that the responsibility for l failure to convict should lie with the jury than that conviction should be followed by penalties which are either 1 inadequate or bear uniustly upon those who have had no complicity in the offense
 Tariff Revision.
 I believe in a protective tariff. It is an established policy Our opponents would not undertake to present to the voters of the country the issue of free trade.
 protective tariff is essential tc