The Montgomery advertiser., 1908-04-28

ent time. nnonopolize more of the inter state business of the country; and we believe the control can best be exer- cised by preventing the growth of abuses rather than merely by trying to destroy them when they nave all 'saiS in the Higher sense of tn. word, this
 fes tns of tSis arss wss3h is corseryative. We are trying to steer safe middle course. whlfh alone can save us from a piutocratic class gov ernment on one hand or a Sociahstic class government on the other. either of which would be fraught with disas- ter to our free institutions. State and
 :There is grave danger to our free institutions In the corruptsng influence exercised by great wealth suddenly con- centrated in the hands of the few. We edy this danger in spite Of sullen op; men and with the full purpose to pro. very time we require them to deal rightfully with others.
 When, with steam and electricity. through the astounding revolution which. Tn this country, began over half a century ago. there was at first much as to gnald wnai ss Sssd pie with the new conditions. At al- most the same time. about twenty. years since. the effort was made to control combinations by regulating tnem through the Interstate Commerce Commission and to abolish them by means of the antitrust act. the two remedies. therefore. being in part mu-
 "The interstate commerce law has produced admirable results especially since 1t was strengthened by the Hep burn law two years ago. The anti trust law. though it worked some good, because anythinggis better than an nrchy and complete absence of regu- lation. nevertheless. has proved in many respects not merely inadequate, but mischicvous, Twenty years ago, the misuse of corporate power had pru- of abuse, and had worked the gravest Injury to business morality and the public conscience. For a long time. Federal regulation of interstate com national judicary merely a thing in isolated cases 10 restrain the State tro"' exercising power which It was cleai
 ly unconstitutional as well as unwisg for them to exercise, put which, never theless. the National Government itself failed to exercise. Thus the cVrpvra. the law for themselves. State power and common. law, being Inadequate to ac- complish any effective legislation and
 "The result was mischievous in the extreme and only short sightedness and utter failure to appreciate the gross ness of the evils to which the lack of regulation gave rise. can excuse the well-meaning persons who now desire to abolish the antitrust law outright or to amend it by. simply condemning unreasonable combinations.
 More Power for Executive.
 Power should 0questionably be lodged somewhere N the executive branch of the Government to, permit public interest, but 1t musr. always he remembered as regards the great wealthy combinations through, which most of the interstate business today is done, the burden of proof should be on them to show they have a right to
 ,"No judiciol tribunal has the knowl- edge or the experience to determine fin ! the first place whether a given combi- nation is advisable or necessary in the interest of the public. Somebody, under the Department of Commerce. and Labor, should be given this power.
 My personal belief Is that ultimately corporation law. though I am well aware that this may be impossible at present. Over the actions of the exec placed, the courts should possess mere ly power of review analogous to that obtaining in connection with the work Of the Interstate Commerce Commis- would not be leap in the dark; 1t would be merely to carry still further the theory Of emectfve governmental | control of corporations which were re- sponsible for the creation of the Inter state Commerce Commission and for the I enlargement of its powers and crea- tion of a bureau of corporations.
 The interstate comnerce lekfsiatton has worked admirably. It has benes flted the public: 1t has benefited, prop erly 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 Federal legislation has been shown by the law which 1t has enabled the Fed eral Government to correct the most pronounced of the great and varied abuses which existed in the business world twenty years ago, while the many abuses that still remain emphasize the need of further and more thorough going legislation. In other words, 1t is clear that the principles employed to remedy the great. evils in the busi- ness world have worked we'll, and they can iaoERf be employed to correct the evils that further commercial growth | has brought more prominently to the surface.s The powers and scope of tho | InterstHte Commerce Commission and of any similar body, such as the Bureau Of Corporations. which has to deal with the matter fin hand. should be greatly l enlarged so as to meet the redlsre- ta nF