New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-04-28

mouslv increased the value OF this federal legis
1ation has been shown by the way In which II
the most pronounced Of the great and varied
abuses which existed in the business Woriu
twenty years ago-while the many abuses that
still remain emphasize the need OF further and
more thoroughgo1ng legislation. Similarly, the
bureau of corporations has amply Justineo It's
creation. In other words, II is clear that me
principles employed to remedy the great evlls
in the business world have worked well, ana
they be employed to correct the eViis
that further commercial growth has brought
prominently to the surface. The powers
and scope OF the Interstate Commerce Commits
sion, and of any similar body, such as the
bureau OF corporations which has to deal with
the matter in hand. should be greatly enlarged
SO to meet the requirements OF the present
day.
NO DUAL CONTROL OF RAILROADS.
The decisions Of the Supreme Court in the
Minnesota and North Carolina cases illustrate
how impossible is dual control of national
commerce. The states cannot control IL. All
they do is to control tntrastate commerce.
and this now forms but a small fraction Of the
commerce carried by the railroads through each
state. Actual experience has shown that the
effort at state control is sure to be nullftd in
one way or another sooner or later The nation
alone can act with effectiveness and wisdom;
1t should have the control both of the business
and of the agent by which the business is done.
for any attempt TO separate this control must
result in grotesque absurdity. This means that
we must rely upon national legislation to pre-
vent the commercial abuses that now exist and
the others that to arise unless
efficient governmental body has adequate power
of control over them. At present the failure of
the Congress to utilize and exercise the great
powers conferred upon IT as regards interstate
commerce leaves this commerce to be regulated.
not by the state nor yet by the Congress, but
by the occasional and necessarily inadequate
and one sided action OF the federal Judiciary
However upright and able a court is II cannot
act constructively; il can only act negatively
or CeStructiVely as an agency of government:
and this means that the courts and must
always be unable to deal effectively with
problem like the present. which requires n
s'rucuve action A court can decide what is
iaEity, but ii has no power TO make better what
IL thus finds 10 be faulty. There should be an
efficient executive body created with power
enough 10 correct abuses and scope enough to
work out the complex problems that this great
country has developed. II is not sufficient oh
lection TO say that such body NAV he guilty
OF unwisdom or Of abuses. Any governmental
body, whether court or a commission. whether
good. must also inevitably receive enough power
10 make 1t possibly effective for evil.
Therefore il is clear that (unless a national
incorporation law be forthwith enacted)
some body bodies in the executive service
should be given power to pass upon any COM
commerce, and every such combination or agree
ment not thus approved should be treated as in
VOCATION OF law and prosecuted accordingly
'He issuance OF the securities of any combina-
non DONG interstate business should be under
the supervision OF the national government
A strong effort has been made TO have labor
the operations OF this law, whether or not their
acts are in restraint Of trade Such exception
would III all probability make the bill unconsti-
lullonaI, and the Legislature has no more right
10 pass Dill without regard whether II ia con-
stltutlonal than the courts have lightly To de-
clare unconstitutional law which the Iegisar
ure has solemnly enacted. The responsibility is
as great on the one side as on the other and an
ABUSE or power by the Legislature in one direc-
uon Is equally 10 be condemned with an a husa Of
power by the courts in the other direction II is nor
IoSSlbe wholly 10 except labor organizations
from the workings of this law, and they who in
Slst upon totally excepting them are merely pro-
Niulhs mat their status shall be kept wholly nm
changed and that they shall continue TO he er
posed to the action which they now dread oh
should not be required to furnish statistics IN
any way as complete those furnished nv or
CARNATIONS for profit. Moreover so far as Ia hor
is engaged in production only its claims to hs
exempted from the antitrust law arc So,,,T
This would substantially cover the right Of 10
b"TtFS 10 comblne, 10 strike peaceabIy and m
enter INTO trade agreements with the EMPLOYERS
But when labor undertakes in a wrongful man
her TO prevent the distribution and sale OF the
products OF labor, as by certain forms OF tho
hoycott. IL has left the field Of production am
It's action may plainly be in restraint OF inter
state trade and must necessarily be subiAct 70
inquiry. exactly as in the case OF anv otbar
combination for the same purpose so as n do
teTlnne whether such action is contrary to Soma
public policy The heart!est encours gar,a-.
labor unions and 10 enter into agreements VIII
their employers; and their right to strike 60