The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1909-12-30
ROUSEs THE LAWYER
Senator Borah's Bill to Limit
Them in Public Life.
APPEALS TO AVERAGE MAN
Levy Mayer Of Chicago, WelI-known
Corporation Attorney, Expresses
Qualified Approval Of the
Measure.
BY WILLIS ]. ABBOT.

Chieago-Senator Borah's bill to
prohibit any representative or senator
OF the United States from acting as
attorney, or counsel for any corpora
ton under control of the government
of the United States has awakened
wide interest among lawyers.
Not so many years ago the farmers
alliance and it's successor the "peo-
pies party seriously proposed to
make all lawyers ineligible for legis.
lative posts in state or nation. That
was perhaps bit drastic, though the
evidence taken In countless investiga-
tons of doubtful acts on the part OF
public servants has shown how thin
and indistinguishable is the line that
separates the attorney from the legis-
lator. Right now the mayor Of a
western city is acting as legal adviser
to a body of striking switchmen with
whom his police department may at
any time come into collision.
For years both houses Of congress
have been filled with the attorneys of
transportation. express and telegraph
companies. The fact is notorious. The
scandal involved has been generally
recognized in the more crying cases
like Depew of the Vanderbilt lines. or
Plat of the United States Express
Company. But there are lesser in.
stances of the evil of special repre-.
sentatives Of privileged corporations,
that while not so widely recognized
are quite as indefensible as these.
Senator Borah's bill will appeal to
the average man. How 1t may I'M
press the lawyer doing larFg corpor-
alton business is another Question.
OF course even now the representative
or senator Is prohibited from practic-
ing before the departments in Wash.
ington, and 1t was because of viola
ton of this prohibition that former
Senator Burton Of Kansas was indict-
ed and punished.
Mr. Levy Mayer of Chicago, one OF
the most widely known corporation
lawyers in the United States, whose
firm is even now prosecuting before
the interstate commerce commission
the case of the fruit growers and
shippers of California against nearly
400 railroads, expressed interest In
and qualified approval Of the Borah
bill. Said he: The merits of the
measure will depend a good deal upon
the construction to be put on the
phrase corporations controlled by the
government There has Of course
been a strong movement in late years
to give to the national government
Jurisdiction over all corporations en-
gagged in interstate trade. Such a
measure has been urged by more than
one president and with its parallel
project, a national Incorporation law,
comes up In every congress. While it
is true that so far little Roadway has
been made, yet the fact that such
strong leaders as President Roosevelt
and President Taft have urged such
legislation as this shows that its fin
al enactment is not altogether impos-
sible.
Now, If all corporations engaged
in interstate trade, not merely
the railroad companies, but the
dry goods house or the manufac-
turing company which ships goods
from one state into another, are to be
subject to national control, the danger
of law such as that suggested by
Senator Borah becomes apparent.
These are naturally the bigger COM
mercial or industrial institutions of
the country, and because of the high
er rewards they can offer inevitably
would draw to their service, as they
do, the higher and better type of legal
advisers. Such situation would re-
suit beyond any doubt In denying to
lawyers OF this stamp the right to
participate in public affairs as mem.
bers of the national legislative body.
1t would leave the cheaper type of
practitioners free to sit in either
house or senate.
But infer that the senator's bill
has In view only the corporations
which are now subject to national
control That would mean transport
tation companies, both railroad and
steamship, express, telegraph and tele-
,shone companies. 1t would also
mean national banks, although prob
ably the participation of the latter in
politics was not what directed the sen.
ator's attention to what is unques.
tionably an evil and what may pos
sibly be corrected by measure such
as his.
But do not myself believe that the
participation of railroad attorneys in
national politics is so serious a men,
ace to just and equitable legislation.
II a man drawing a salary from a
railroad or transportation company as
its legal adviser sits In the house or
senate, he is no more likely to be
syayed by the fact of his employ
nent than the man sitting next who
may happen to have invested heavily
In the stock of corporation subject
10 federal regulation and control.
do not believe that anyone would In
s.st that ownership of the securities
of such a corporation should preclude
a mans acceptance of place In the ma
tional legislature. OF course the case
Senator Plat was an exceptional and