The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-12-07
ward to-day and tell them how you
TIE PRESIDENTS MESSAGE.

TIE PRESIDENTS MESSAGE.
| In so far as tho President defends
and upholds the Sherman antitrust law
/ In his latest message, his position is
/ nnassailable He commits himself ir-
! revocahly to the enforcement OF that
( law, and goes on record against any
4 substitute or repeal. 1t has taken
/ twenty ycnrs to make the sherman
| statute effective. and, just as It Is,
| operating successfully for the first
time. there arc clamors from special
interests for its repeal. which would
mean another twenty years of waiting
ana wishing.
The President makes It clear that tho
trust decisions handed down by the
/ Supreme Court last spring arc not
rerolut'onnry nor judicial legislation
The effectiveness of the sherman law
, In the tobacco trust and standard OIL
| trust cases Is demonstrated, and the
test Of reasonnhlencss Is shown 10 BE
the fair anu Just test In the light Of
the law. In fact the defense of the
Sherman law made In the message Is
so strong that II imnlies tho efIica-
ciousness OF the statute for all situa-
lions and negatives the plea OF the
President for additional and supple
mental legislation
The desire OF tho President to devise
"a more detailed system for the en-
forcement OF the sherman law and for
tho supervision and regulation OF
corporations Is commcndabIe. but
the additional legislation he sug-
costs is unnecessary and dangerous
Mr.. Taft makes fearful blundcr in
vclt-Wall street schema for Federal
incorporation If that proposition were
enEraftcd upon our law, the substan-
tiai control OF the commerce and In
dustry Of the country would be In the
hands of an incompetent Federal bu-
reaucracy Mt Washington. Nor. than
that. such a tremendous scheme OF
Capitalization would divcst the States
Of every particle Of their right and
power over corporations. Federal In
corporation is not sound, because II
would substitute the ideas and views
OF bureau, n mere department. for
the fairness, tho common sense and the
wisdom OF all the people. 1t Is foolish
to say that the people cannot solve
the question of tho regulation md CON
troll Of corDorations--to say that Is to (
say that such a power is non-cyIstcnt.
No bureau. nor commission could be so
omnisclent that It could nc substituted
for the people In SO vital n matter as
this.
tho criminal phase of the statute as
vigorous and plain ms tt should be:
Criminal prosecutions have been
brought ana number are pending, !
but turies have felt aversc to convict
ING for Jail sentences and Judges have .
been most reluctant to impose such
sentences on men OF respectable stand
Ing in society, whose offense has hccn
REGARDED MS merely statutory. still.
as the ofTansc becomes better under ,
stood and the committing of II par
takes more Of studied and deliberate
defiance OF the law. We can be conf
dent that turtles Will convict individ- /
nals. and that fail sentences will be
imposcd."
That Is not equivalent TO nor is 1t
7s eiieCllNc as declaring that guilt I,
Is PERSONAL and that the Individual
shining should be punished. Tho sher- 4
man statute is a criminal statute. MS
Mr.. Justice Holmes said In the North
ern Securities case. The criminal nro-
visions Of IN, law ought TO be uni
formly and rlgidly enforced The pco-
Pic demand that much. and President
Taft need have no fenr that vigorous
enforcement OF the law as criminal
law VIII ondanger him The statute
defines crime and attaches n penalty
therefor and that Is all that n cr!mi-
nal Law need do. The Sherman law
requires no additions or definitions OH
that score. The time has come when
the country will not stand for the cor
porate fiction as q defense for viola
tions OF law by responsible individ-
uals. II the President would respond
TO tho Will Of the nation, let him, In
later message. declare In no uncertain
words his intention to cause TO be
enforced tho criminal provisions OF the
Sherman law.
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