The Oakley herald. [volume] (Oakley, Idaho) 1908-1961, 1910-10-28

the only effective way by which to
prevent wrong doing. Men will always
AXE the chances of violating the law
for money IL they can have some one
else pay the fine.
Should Provide Forfeiture.
But the rule of individual RESPONSE
bility does not relieve us from the
great necessity of putting into every
corporate charter hereafter granted,
either by state or nation, not only the
right to amend or repeal the same but
also an effective provision for the for
fixture of the charter of a corporation
guilty of violation of law. 1t might
not be necessary to proceed in this
way often. But it would have a re-
straining and SOLDERING effect to a re-
markable degree upon those who
would violate the law. On the other
hand it would in no wise disturb those
whose purpose was to abide by the
law. The state endows the corporation
with vast powers. Is there any rea-
son in the world why those powers
should continue to be exercised or
why the state should not withdraw
them If they are being abused or used
for the oppression of citizens of the
state. The penitentiary for the cor
poration is the forfeiture of its char
ter. We should make the most earnest
effort in passing laws dealing with this
subject to individualize and to dis
tinguish, to select those who are
guilty and protect those who are not.
Thousands of corporations carrying on
a perfectly legitimate business in hon
est and upright ways are not only en-
titled to individual protection but they
are entitled to have such laws passed
as will relieve them from the burden
and the embarrassment which they
must suffer by reason of indiscrimin-
ate attacks upon all corporations and
by reason of the grouping of the
guilty with the innocent. There
should be no longer any prejudice
tgainst corporations as such but there
should be the strictest and the most
drastic enforcement of law against
those which violate it. This is not only
essential for the public generally but
1t is essential to the interests of the
corporations who want to abide by
the law.
Government Control.
1t is a disputed question of consti-
tutional law but l believe that the ma
tional government has the power to
regulate and control the capitalization
of all corporations engaged in inter-
state commerce. If it has this power
1t should exercise it. IL is one of the
astounding facts or history that we
the fictitious capitalization In this
country exceeds the national debt at
the close of the civil war. 1t would
seem that the national government is
the only sovereignty which can deal
with this subject effectively. We can
not undo the things which have hap
pened but we can control the matter
for the future. 1t will be a great sur
prise to me if the court should hold
that the national government has not
the power to take out of the channels
OF interstate trade the fraud and de-
ception caused by over capitalization.
l believe that the power which can
control interstate commerce can
cleanse interstate commerce from
fraud oppression and injustice 1t
is quite true that the national govern
ment cannot enter into the state and
preside over the organization Of the
corporation created by the state, but
| believe it can say that no corpora
ton shall engage in interstate COM
merce until 1t has met the test estab-
lished by the national governme nt and
the government can fix the test to in
clude a surveillance as to its capital
iZation.
OF course cannot go into a consti-
tutional argument here, but If this
power exists we ought to proceed to
exercise 1t without delay. The Re-
publican party is committed to this
principle of legislation and 1t should
make good without hesitating its
promise.
Law Enforcement the Great Need.
1t seems impossible to go further
into the discussion Of the policy with
reference TO corporations. although
there are other matters worthy of at
tention. But in passing from this sub
iect permit me TO say that above all
things we should dedicate our party
TO the enforcement of our laws. More
than legislation do we need the en-
forcement of the laws we have. More
than coveting greater power do we