The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1908-12-17


shoulders. But there is an important part
OF the failure which has specially to do
with inability TO hold to proper account
men Of wealth who behave badly.
The chief breakdown is in dealing with
the new relations that arise from the mu-
tualiSm the interdependence of our time.
Every new social relation begets n new
type of wrongdoing-of sin, - use an old
fashioned word-and many years always
elapso before society Is able to turn this
sin into crime which can he effectively pun
ished at law. During the lifetime of tn.
older men now alive the social relations
have changed far more rapidly than in the
preceding two centuries: The immense
growth of corporations, of business done by
associations, and the extreme strain ana
pressure of modern life. have produced
conditions which render the public con.
fused as to who its really dangerous foes
are; and among the public servants who
have not only shared this confusion, but
by some of their acts have increased it,,
are certain judges. Marked ineiiiciency
has been shown in dealing with corpora
tions and in re-settling the proper att
tuGe t. be taken by the public not only
towards corporations. but towards labor,
and towards the social questions arsin z
out OF the factory system, and the enor
nous growth of our great cities
The huge wealth that has been accumu-
lated 10y few individuals Of recent years,
in what has amounted To n social and IN
duStria revolution, has been as regards
some of these Individuals made possible
only 10y the improper use of the modern
corporation. ~ ttIltll lNI VI Llph'lh
corporation, with its officers and agents,
its many issues of securities. and its con
slant consolidation with allied undertake
iugS, finally becomes an Instrument so
complex as to contain greater number
of elements that, under various Judicial de-
cisions. lend themselves to fraud and OPP,
preston than any device yet evolved IN
the human brain Corporations are neces
ness. They have been permitted TO
become Il menace largely because the GOV
crnmcntal rcpr,esen,tattives Of E., the people
quate control over them.
The chief offender in any given case may
be an executive, a cgislature. or judge,
Every executive head who advises violent,
instead of gradual, action, or who advocates
ill-cOnsidcred and sweeping measures OF re
form ESPECIALLY if they are tainted with
vindictivcn"ss. and disregard FIR the rights
worthy. The several legislatures ARE re
sponsiblc Tor the fact that our laws are
often prepared with Slovcnly haste ana
lack Of consideration. Moreover, they are
often prepared. ana still more frequently
amended during passage, at the suggestion
OF the very parties against whom they are
corporations, huge trusts and fahuousy
wealthy multim.liouaircs, employ thc very
best lawyers they can obtain 10 pick flaws
in these statutes after their passage; hut
they also employ class Of secret agents
who seek under the advice of experts, 70
render hostile legislation inuocuouS by max
ing it unconstitutional. often through the
insertion of what appear on their face 10 be
drastic and sweeping provisions against tn
interests Of the parties inspiring them:
whiic the dcmag0gurS. the corrupt creatures
who introduce Matchmaking schemes To-
strike corporations, and all who demand
extreme. and uudcsrably radical, measures,
show themselves 10 be the worst enemies or
the very public whose loud-mouth, d cham,
pions they profess to be. \ very striking
Illustration of the consequences Of careless
ness In the preparation of a statute was IN"
employers liability law Of 1906. In thr
cases arising under that law, -FOUR OUT OF
six courts Of first instance held 1t uncun
StitutiOnal: six out of nine Justices of the
supreme court held that its subject natter
was within the province of cougrc SSluna
action; and four Of the nine justices held 1t
valid. II was however, adjudgcd mcon
stitutiOnal by bare majority of the court -
five to four. 1t was surrey very SloVenly
piece of work to frame he legislation ia
such shape as to leave the quo stion open
Real damage has been done by the mani
fold and conflicting interpretations or the
Interstate commerce law. control over thr
great corporations doing Interstate business
can be effective only If II iS vested with run
power in an administrative department; a
branch If the federal executive, carfyih S
out federal law; II can never be eHeGtNr
IL divided RESPONSIBILITY is left IN b"ih
the states and the nation; It can never pr
effective if left IN the hands OF the courts
to he decided by lawsuits
81
deserved Sanctity under our form OF GOV,
crnmcut Respect for the law Is essential
to the permHncnce of our lustItubnnH' ana
respect for the law is largely conditioner
uuon respect for the courts. 1t Is an of
fruse against the republic to say anything
which can weaken this respect. save Tor
the Craycst reason and In the most care,
fully guarded manner, our JUDGES snoulH
he hold I'm peculiar honor; and the duty OF
tcSprctful and truthful comment and crlti-
cism. which should be binding when we
speak of anybody, should be especially
binding when we speak of them. ON an
average they stand above any other sorv-
ants of the community, and the greatest
Judges have reached the highest lever hrld
hy those few greatest patriots whom the
whole country delights to honor. But We
must face the fact that there are wise and
unwiSc Judges juSt as there NJ" wise ana
unwlse executives and legislators Nhen a
President or n governor behaves improper
" or unwisely, the remedy is easy. for his
form Is short: the same Is true with the
legislator, although not to the same de-
gree, for he Is one Of many who belong to
some given legislative body, and 1t Is
therefore less easy to fix his personal re-
snonslbilIty and hold him accountable
therefor. With Judge, who. being hui
man, Is also likely to err. but whose tenure
is for life. there Is no similar way or mold
ing him to responsibility. Under ordinary
conditions the only forms of pressure to
which he Is In any way amcnable are pun
lie opinion, and the action Of his fellow
1udccs It Is the last which Is most I'M,
Jnediately effective, and to which we should
look for the reform Of abuses. Any rem
cdv applied from without Is fraught with
risk. it is far better, from every stand
point. that the remedy should come from
Within. In no other nation In the world
do the courts WELD such vast and far
reaching power as in the United States.
All that Is necessary is that the courts as
a whole should exercise this power with
the farsightcd wisdom already shown by
i,,1r yhO the future while
they act in the present. Let them exercise
this great power not only honestly and
bravely, but with wise insight into the
needs and fixed purposes of the people so
that they may protect all persons in their
rights and yet break down the barriers
OF privilege, which is the foe Of right.
Postal Savings Banks.
again renew my accommodation fol-
postal savings banks, for depositng say
inrs with the security of the Government
behind them. The object is to encourage
thrift and economy in the wage Garner ana
person of moderate means In fourteen
states the deposits in savings banks as re
ported to the comptroller Of the currency
amount to $500, 2i5 402, or 9Si per cent
of the entire deposits. while In the remain
ing 80 states there are only SIO,3OS, Dab, OF
16 per cent showing conclusvely that
there are many localities in the United
states where sufficient opportunity is not
given to the people 10 deposit their savings
Th result is that money Is kept in hiding
and unemployed It Is believed that in the
aggregate vast sums of money would be
brought into circulation through the instru
mentality of the postal savings bank While
there are only 1,453 savings banks report
ing to the comptroller there are more than
CT 900 postonices, 10000 of which are
money order offices. Postal savings banks
are now In operation in practically all the
great civilized countries with the exception
of the United States.
Parcel Post
In my last annual message l commended