The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-05-01

cases to restrain the states from ex-
ert;ng power which it was clearly un-
constitutional AS well as unwise for
them to exercise. but which neverthe-
less the national government itself
failed to exercise.
Thus the corporations monopolizin :
commerce made the law for them
selves. state power and common law
being inadequate to accomplish anv
effective regulation. and the nati3nal
power not yet having been put forth.
The result was mischievous IN the eN-
treme, and only shOrtsighted and ut
ter failure to appreciate the grossness
Of the evils to which the lack of rcgu-
lation gave rise can excuse the well
abolish the antitrust law outright. or
to amend it by simply condemnng
unreasonable" combinations
Power should unquestionably be
lodged somewhere in the executive
branch Of the government to permit
combinations which will further til.
public interests but it must always
be remembered that as regards the
great and wealthy combinations
through which most of the interstate
business Of today is done the burden
OF proof should he on them to show
that they have right to exist No
judicial tribunal has the knowledge or
the experience to determine in the
first place whether q given cOmbina-
tion IS advisable OF necessary in the
interest of the public Some body.
whether commission, OF bureau IN
der the department Of commerce and
labor. should be given this power.
MY personal belief is that ultimate
~ we shall have to adopt a national
Incorporation law, though am well
aware that this may be impossible at
present. Over the actions of the
executive body in which the power is
placed the courts should possess mere.
ly a power of review analogous to
that obtaining in connection with the
work of the Interstate commerce CON-
mission at present To confer this
power would not be leap in the dark:
it would merely be to carry stin fur
ther the theory Of effective govern
mental control Of corporations which
was responsible for the creation &C
the interstate commerce commission
and for the enlargement OF its powers:
and for the creation of the bureau of
corporations.
The interstate commerce legislation
has worked admirably. 1t has bene-
fitted the public; it has benefited hon
estly-managed and wisely conducted
railroads: and in spite of the fact that
the business of the country has enor.
mously increased the value of this fed
eral legislation has been shown by
the way in which it has enabled the
federal government to correct the
most pronounced of the great ami
varied abuses which existed in the
business world twenty years ago
while the many abuses that still re-
main emphasize the need of further
and more thoroughgoing Legislation.
Similarly the bureau of corporations
has amply justified its creation. -, IN
In other words, it is clear that the
principles employed to remedy tine
great evils in the business world have
worked well, and they can now be en-
plcyed TO correct the evils that further
commercial growth has brought, more
prominently to the surface The pow
ers and scope of the interstate COM
merce commission. and of any similar
body-such as the bureau Of corpora
tons which has to deal with the mat.
ter in hand. should be greatly enlarged.
so as to meet the requirements of the
present day. 50, d. go |'s.' 's,-