The morning journal-courier., 1908-12-09

me immense growth or corporations, Of business done by associations and the extreme strain and pressure Of modern life, have produced conditions which render tho public confused as to who its really dangerous foes are, and among the public servants who have not only shared this confusion, but by some of their acts have increased It. are certain judges, Marked inelliclency has been shown In dealing with corr porratIons and in re-settling the prop CT attitude to be taken by the public not only towards corporations, but to- wards labor, and towards the social questions arising out of the factory sys tcm and tho enormous growth of our great cities.
 The huge wealth that has been ac cumulated by a few individuals of re- cent years, in what has amounted to social and industrial revolution, has been as regards some of these indl- viduals made possible only by the i'm proper use of the modern corporations A certain type of modern corpora tion, With its officers and agents, Its many issues of securities, and fits con- stant consolidation with allied under talings, finally becomes an instrument so complex as to contain a greater number of clements that under varl- ous judicial decisions, lend themselves to fraud and oppression than any de- vice yet evolved in the human brain. Corporations are necessary instruments of modern business. They have been permitted to become a menace largely because the governmental representa- tlves Of the people have worked slowly ln providing for adequate control over | them.
 The chief offender in any given case maye be an executive, a legislature, or a judge Every executive head who advises violent, instead of gradual ac- tion or who advocates lll-considered and sweeping measures of reform (es- pecially if they are tainted with vim l diGtIveness. and disregard for the rights of the minorlty) is particularly | blameworthy The several legislatures are responsible for the fact that our laws are often prepared with sloyenly haste and lack of consideration. More over, they are often prepared, and still more frequently amended during pass age. at the suggestion of the very par ties against whom they are afterwards enforced Our great clusters of corpor- ations huge trusts and fahulously wealthy multimlllionalres, employ the | very best lawyers they can obtain to rick flaws in these statutes after their l passage; but they also employ class of secret agents who seek, under the advice of experts. to render hostile leg islatlon innocuous by making 1t lncon- stitutlonal often through the insertion of what appear on their face to bc drastic and sweeping provisions against the interests of the parties inspiring them: while the demngogues the cor rupt creatures who introduce black mailing schemes to strike corpora tions, and all who demand extreme, and Iundesrahly radical. measures show themselves 10 be the worst enemies of the very public whose loud-mouthed champions they profess to be- X very striking Illustration of the consequences of carelcssness in the preparation of a statute was the employers liability law of 1906, In the cases arising under that law, four out of six courts of first in stance held 1t unconstitutional: six out of nine justices of the Supreme court held that its subiect-matter was within the province of congressional action;
 and four of the nine justices held 1t
 valid. II was, however, adjudged un- constitutional by q bare majority of the court--flve to four If was surely a very slovenly piece of work to frame the legislation in such shape as to leave
 the question open at all.
 Real damage has been done by the manifold and conflicting interpretations of the interstate commerce law. Con
 trol over the great corporations doing
 interstate business can be effective only if 1t Is vested with full power in
 an administrative department, a
 branch of the federal executive, carry
 ing out federal law; 1t can never he effective if divided responsibility is
 left in both the states and the nation;
 lt can never be effective if left in the
 hands of the courts to be decided by
 lawsuits
 The courts hold place of peculiar and deserved sanctity under our form
 of government. Respect for the law
 is essential to the permanenee of onr
 institutions; and respect for the law is
 largely conditioned upon respect for the
 courts It is an offense against tho re- public to say anything which can weaken this respect, save for the
 graVest reason and In the most care-
 fully guarded manner Our judges should be held in peculiar honor. and the duty of respectful and truthful
 comment and criticism, which should
 be binding when we speak of anybody should be especially binding when we speak of them. on an average they
 stand above any other servants of the
 community, and tho greatest judges have reached the high level held by those few greatest patriots whom the
 whole country delights to honor But
 we must face the fact that there are wise and unwise judges, Just as there
 are wise and unwise executives and legislators. When a president or g , governor behaves improperly or un- wisely, the remedy Is easy, for his tern is short; the same is true with the leg. islator although not to the same de.
 gree, for he is one of many who be. long to some given legislative body
 ad 1t Is therefore less easy to fix his personal responsibility and hold hin F accountable therefor With a judge who being human, Is also likely to err , but whose tenure Is for life, there is nt , similar way of holding him to responsi ) blllty. Under ordinary conditions the only forms of pressure to which he i , In way amenable are, public opinion