The Detroit times., 1908-04-28

WASHINGTON. April 2s.-Presi'
dent Roosevelt sent another special
message TO congress. yesterday, urging
the enactment OF his previously pro
posed legislative measures and again
assuming the role OF critic. Scant
courtesy was awarded the message
as Ii came so late in the day that the
house could not officially receive II
and while the senate permitted its for
NAL presentation. no attempt was
made 10 read It,
After repeating previous recommen
dations. the president praises the In
terstate commerce law. saying IL has
accomplished admirable results, espe
cially since its strengthening by the
Hepburn law, two years ago. He then
says:
The antitrust law, though II work
ed some good, because anything Is
better than anrchy and complete alb
sence OF regulation. nevertheless has
proved in many respects not merely
inadequate, but mischievous. Twenty
years ago. the misuse of corporate
power had produced almost every con
ceiyable form Of abuse. and had work
ed the greatest injury to business
morality and the public conscience
For a long time federal regulation OF
interstate commerce had been purely
negative, the national judiciary merely
acting in isolated cases TO restrain the
state from exercising a power which
IL was clearly unconstitutional as well
as unwise for them 10 exercise but
which nevertheless the national gov
eminent itself failed to exercise. Thus
the corporations monopolizing com.
merce made the law for themselves
state power and common law being
inadequate to accomplish any effective
regulation, and the national power not
yet having been put forth. The result
was mischievous In the extreme, and
only short-sighted and utter failure to
appreciate the grossness OF the evils
TO which the lack of regulation gave
rise, can excuse the wellmeaning per-
sons who now desire to abolish the
antitrust law outright. or to amend
IT by simply condemning "unreason-
able combinations.
Commission 70 Decide.
Power should unquestionably be
lodged somewhere in the executive
branch OF the government to permit
combinations which will further the
public interest: but II must always be
remembered that, as regards the great
and wealthy combinations through
which most OF interstate business OF
today is done, the burden OF proof
should be on them to show that they
have a right To exist. No judicial
tribunal has the knowledge or the ex.
perience to determine, in the first
place, whether a given combination Is
advisable or necessary in the interest
of the public. Somebody, whether
q commission or q bureau under the
department Of commerce and labor
should be given this power. MY per
sonal belief 10 that ultimately we
shall have to adopt national Incor
poration law, though ! am we'll aware
that this may be impossible at pres
emit. Over the actions Of the execu
tive body in which the power 10 plac
ed, the courts should possess merely
power to review analogous TO tina,
obtaining In connection with the WORK
Of the interstate commerce commits
sion at present. To confer this pow
er would not be . leap In the dark; !,
would merely be TO carry still further
the theory Of effective governments
control Of corporations which was re-
sponsibIe for the creation Of the In
terstate commerce commission and 70,
the enlargement Of lie powers and foI
the creation Of the bureau OF corpora
tons.
The decisions OF the supreme court
OF the United States In the Mime
sofa and North Carolina cases illus
..ot. hr.., fx, voootfro Co a dual cou
| troll OF national commerce. The states
cannot control IL. All they can dc
| is TO control intrastate commerce. and
this now forms but a small fraction
OF the commerce carried by the rail-
roads through each state. The natior
only can act with effectiveness anc
wisdom: II should have the contro
both OF the business and of the agenl
by which the business is done. for any
attempt TO separate this control must
result In grotesque absurdity.
AT present the failure OF the con
gress to utilize and exercise the grea
power nor, get by the congress. but By
terstate commerce leaves this com
merce to be regulated. not by the
state nor yet by the congress. but b,
the occasional and necessarily made
ouate and one-sided action OF the fed
eral judiciary However upright ant
able court is, II can not act con
structiveiy; 1t can only act negative
~ or destructively, as an agency o
government and this means that th'
courts are and must always be un
able to deal effectively with problem
! like the present, which requires con
....o4f.,. acfiof Thara ahouid he ar
efficient executive body created with
power enough TO correct abuses ant
scope enough 70 work out the compile,
problems that this great country ha'
developed
National Control OF Securities
"Therefore, u is clear that (vnies'
a national incorporation law can b
i