Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1908-05-08

ssSS ooAahtifSi Go iSeSV 30 SssSS SSISsSs.-SS-
to be regulated, not by the state nor yet
the congress. but by The occasional
and necessarily Inadequate and one-sided
upright and able a court Is. 1t cannot
act constructively; IT can only act mega
lively or destructively, as an agency OF
government; and this that the
courts are and must always be unabl
to deal effectively with a problem IKE
the present, which requires constructive
action. A court can decide what - faulty,
1t thus finds to be faulty. There should
be an efficient executive body created with
enough to work out the complex problems
is not sufficient objection to say hi such
3 81 . a 4 @ay s Any sul Eove 9r unTaiaoR bod =.
whether a court or a commission. whether
executive. legislative or judicial. II given
work for good. must also Inevitably re-
ceive enough power to make It possibly
for evil.
Therefore, 1t is clear that (~unless q ma
some body or bodies in the exc
cutive service should be given power to
In relation to Interstate commerce. n
every such combination or agreement not
thus approved oul be treated as In
,neInt The Of ,s lsw and q P=rf ess sseuri afeer Of
any combination doing Interstate business
should be under the supervision OF the
nallOnal ROVGTIlsDeHI. r. aeH HFH.#s-
A strong effort has been made to have
organizations completely exempted
from any of the operations OF this law,
OF whe trade or a Such men =exce eets afs would on tts In ali
probability make the bill unconstitutional,
and the legislature has no more right TO
Is constitutional than the courts have
lightly to declare unconstitutional q law
which the legislature has solemnly en-
acted. Tho responsibility Is as great or
the 0na side as on the Otner, ana at
abuse Of power by the legislature In
one direction is equally to be con.
courts in the other direction. It Is not
possible wholly to except labor organiza-
lions from the workings Of this law, and
them are merely providing that their
status shall be kept wholly unchanged,
and that they shall continue to be ex-
p9sed to the action W %In en- tn Nnt r 9orm aaeS eor
profit should not be required to furnish
statistics in any way as complete as those
Furnished Furnished by or~ganiza hdp f enrar Prom II
production only, its claims to be exempted
from the anti-trust law are sound. This
would substantially cover the right OF Ia
and to enter into trade agreements with
the employers. But when. labor under
takes in a wrongful manner to y the
distribution and sale of the products 81
labor, as by certain forms OF the boycott
1t has left the field Of production. and its
action may plainly, be In restraint OF IN.
terstate trade, and must necessarily OK
subject to inquiry, exactly as in the case
of any other combination for the pur'
pose, SO as to determine whether such &C
ton is contrary to sound public p0llcy'
The heartiest encouragement should be
given to the wageworkers to form lapof
unions n to enter into agreements WIFI
their employers; and their right to strike,
so long as they act peaceably, must be
preserved. But re should sanction Meth.
er a boycott nor a blacklist which would
be illegal at common law.
The measures ! advocate are In the IN.
terest both Of decent corporations and OF
law-abiding abo unions. They are
moreover, prominently in the interes1
Of the public. for in my Judgment thu
American people have definitely made "
their minds that the days Of the reign o.
are over, and that from thi:
time on the mighty organizations OF cap
ital necessary for the transaction OF bust
ness unde modern conditions. while en-
and in the interest OF the general pubic
are to be subjected to careful supervision
and regulation 81 a kind 50 emeetlve "a as So !.
people as q whole.
Allegations are often made to the ef'
feet that there Is no real need for thess
laws looking to the more effective contro
of the great corporations, upon the groune
that they will do their work well withou'
such control. I call your attention to TIN
mitted by Nathan Matthews, chairman o
the finance commission, to the mayo an,
city council Of Boston, relating to certai
which have been bidders for furnishing I
the city iron and steel. This report show
that there nave been extensive combina
lions which have business with the city o
Boston, including. for instance, 2 care
fully planned combination embracini
practically all the Arms and corporation
engaged in structural steel work in Nev
England. This combination Included sub
stantially all h local concerns. an
many Of the largest corporations in tn
United States, engaged In manufacturin
or furnishing structural steel Tor use !
any part Of New England; It affected tn
and street railways, and generally all pei
sons having occasion to use iron or stet
for any purpose in that section OF tn
country. As regards the city of Bostor
the combination resulted in parceling OF
the work by collusiye bids, plainly dishor
est, and supported by false affirmation
In Its conclusion the commission recon
mends as follows:
Comment on the moral meaning OF thes
methods and transactions would seer
superfiuous; but as they were defended q
asserted to be common and entirely proI
er incidents Of business life, and as thes
practices have beer freely resorted to b
that he world has ever known, the CON
mission deems it proper to record It's ow
opinion.
> = IA 49, ~ ~ NANU
these practices are, as alleged. establishe
by the general custom OF the bushes
community; and THU defense itself, II ur
challenged, amounts to q grave accuse
ton against the honesty OF present bus
ness methods
TO answer an invitation for public Q
private work by sending in what purport
to be genuine bids, but what in reality ar
coilusjve figures purposely made highe
than the bid which Is known will be sui
mitted by one of the supposed competitor
Is an act OF plain dishonesty.
false affirmations in writing that the bid
are submitted in good faith, and withou
fraud, collusion, or connection with an
other bidder, Is a positive Inc deliberat
fraud; the successful bidder In the com
| petition Is guilty OF obtaining nom b
false pretense; and the others nave mad
themselves parties to a conspiracy clearl
unlawful at the common law.
Where, as In the case Of the "Bosto
portant manufacturers and dealers /
structural steel in this country, includin
the American Bridge company, one OF til
constituent members Of the United STATE
for the purpose Of raising prices by mean
Of collusive bids and false representation,
their conduct is not only repugnant t
common honesty, but is plainly obnoxiou
to hi federal statute known ~ the SheI
man or antitrust law.
The commission believes hat an q
ample should be made OF these men, a.
that the members OF the 'sBostpn Agree
ment,' or at least all those who, in o.
| tober Inc November, 1905, entered In I'll
fraudulent competitions for the Gov
| street draw span and the Brookline stree
| bridge, should be brought before q fe(
! eral grand jury for violation Of the az