The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-26

that which 1t sold. And during my
term as attorney general of the state
of Missouri, I considered it necessary
and advisable to agree with the insur-
ance com panies of the state for re-
adjustment and a lowering of rates
rather than to proceed against them
under the provisions OF our antitrust
law.
$50 far as actual, concrete results
are concerned, twenty years of trust
busting by the national government
and the several states have largely
resulted in a water-hau1. The results
verse ratio to the efforts and labor
exerted. Legal ingenuity and the
technicalities of delay have defeated
many prosecutions, and the effect of
those which have apparently succeed
ed has been avoided by legal tricks
and devices. Both the national and
the state governments in their war on
trusts should adopt the suggestion
made by General Taylor to Captain
Bragg at the Battle of Buena Vista
when he said, a little more grape
and canister, please or recognize the
inevitable tendency to combination in
modern industrial affairs and substi-
tute regulation and supervision for
punishment and suppression.
II do not mean to say that the eff
forts on the part of the national gov
eminent and of the several states to
punish and to prevent the evils of
monopoly have been a complete fail
ure. The conditions are doubtless
much better than they would have
been had these com binations and
trusts been allowed to continue with
out legal let or hinderance The point
that l undertake TO urge upon you is
that the present methods of procedure
for the correction of the evils of mon
opoly are inadequate and ineffective.
1t is we'll that we should recognize
fo ia 81 e. 49,
gently and vigorously with the situa-
ton.
Delays of Litigation.
THAT we have not secured a better
adjustment of this controversy be-
tween the rules of business and the
one of the unsolved problems of our
national life, is due, to a large ex-
tent, to the fact that our present sys-
tenn of Jurisprudence is archaic. In
Isolated instances judges have rem
dered unfair and dishonest decisions
the efforts of the public to Sc
cure fair treatment. But, as a rule,
our judges have been both high-mind-
ed and honest. The fault is more with
the system than with the men who
administer it. Our system of lawsuits
has become like a series of fencing
matches between skilled performers.
Our practice of the law results in the
apotheosis of the technica1ity. This
makes our trial judges tin1id and our
appellate Judges unprecedented, and
the defendants profit by both condi-
tons. All litigation moves slowly.
but public litigation, or litigation to
correct evils or abuses, moves slower
still. The interests involved are large
and the ablest lawyers are secured,
and our profession has learned we'll
how to use the technica1ities that de-
Law aud dHfpaf Tho eminent r0tI a
has been the scout who has led the
forces of organized wealth in this
contest with the people. and he has
chosen his positions ably. Organized
wealth has shown itself tenacious of
it's power and determined to retain
the privileges which it has enjoyed.
Our system of criminal Jurisprudence
has almost broken down of its own
weight. We still retain those forms
and presidents which were devised
in an age of tyranny and oppression
to protect the Innocent. They are
used today principally to protect the
guilty. These technicalities are the
shield that those who would plumber
the people use for their own protee-
ton, and the frequency with which
they are recognized by the courts,
without regard to the merits of the
controversy, emphasizes the necessity
of the national and state governments
enaeting a law to the effect that no
judgment in a criminal or a civil case
should be reversed unless the court
can affirmatively say upon the entire
record that the Judgment was for the
wrong party, and that but for the err
ror complained of, different judg-
ment would have been rendered.
Hopes for Happy Medium.
1.-The American people like to feel that
our commerce is great and successful
but they demand that it be honest
Conn is a n0Tam011nf factor tow
ards building up nations. England has
become the clearing house of all the
" orld by her trade and commerce.
would not be indifferent or unfair tc
cur industries. Over one-half of the
business firms CT today are conducted
contrary to the law or are evading the
law. This fact is due largely to the
advice given these firms by their law
yers, who tell them how they may con-
duct an unlawful business without be-
ing. prosecuted for it. It is In direct
violation Of the oath they have taken
and when the lawyer so advises he be-
comes as guilty of a crime as those he
advises.
business will be. overthrow but the so
luton will be happy medium between
efforts at suppression and efforts al
regulation. The laws of the nation ant
state should be those o5eyed by the
rich and powerful as we'll as the weak
There should be the creation of public
sentiment which will demand that Off
cials vigorously enforce the laws unit
the rights of the poor are recognized a:
we'll as those of the rich"
Chautauqua a Success.
The success of tho Cnautauqua is as
sured The fact that the gate receipts
for the opening afternoon surpassed BY
the margin of one dollar the afternoon
record at previous Chautauquas is In
dicative OF large 1ttendances for tn,
| coming events.
| Henry w. McAfee. acting president O
| the Chautauqua association, during tn,
afternoon session welcomed the visi
| tors. He said:
| 1.-The people of Kansas who are her,
lIave come into their own in coming t,
Topeka. It is theirs in two-fold sense
They look to it as a point OF govern
mental direction. They also look TO i
as a place to spend some of their money
/ Ill