The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-12-05
SETH LOWS PLAN.

L
Mayor Of New York City, has a plan
for the control of the trusts. He has
impaired the same TO the Interstate
Commerce Committee of the Senate, and
the substance of it has been tclc'
graphcd 70 the country. His idea is,
that all interstate corporations should
conc under the law Of Federal hcens"
lug, which would give them permission
to incorporate with a settled charter II
they so desire; presumably National
Then be would have Federal trade
commission appointed to look after the
organization and acts of companies
operating in more than one State. Mr.,
Low recognizes the tendency 10 combl-
nation in trade agreements and their
unigersality, and he holds that the
Government is taking nm impossible
position if it tries to head off this ten
dcDCy. He holds that many trade agree
ments, even those which might limit
output. arc in the public interest, and
should be regulated rather than pro-
bibited. Above all, he holds that tho
light Of publicity should be shed upon
the doiugs of all interstate corpora
tions, and he illustrated by saying that
many big safes arc guarded, not by
watchmen. but by electric lights: and
from this he dcduces the proposition
that that should be an object lesson 10
the American Government. All oil
which is suggestive material for the
Senate committee to work upon,
Doubtless Mr.. Lows suggestion of
Federal license arises from PrcSideu U {
Taft S announced intention 10 urge upon
Congress the passage Of law permit
ting, if not requiring, National incor-
poratlon for all concerns doing an IN
tcrstate business, In such law, doubt
less. provision would he made for the
National licensing now iudorscd by Mr.
Low,
There is no doubt but that our sys,
TEN, or lack of system, with regard to
the trusts, is badly out Of joint when
VIC undertake TO leglslatc with respect
to those trusts, as long as the trusts are
incorporated by the States. Congress
has complete jurisdiction over inter
state commerce. but it docs not have
.iuri sdiction over Intrastate commerce
And, since Congress has no direct iur-
isdlction over the States within their
State boundaries, nor over the lcgisIa-
lures as TO what sort of charters they
shall grant, il Is clear case that Con-
grcss cannot do anything very effect.
i've with regard TO these big corpora
lions as long as they are chartered by
the States, and these charters are rec
ognizcd in the transaction Of inter
state business
The time has clearly come, as Prcsl.
dent Taft has made up his mind. TO urge
upon Congress TO take hold Of the In.
tcrstatc Commerce business and eXcr'
else its Unrestricted power thereon IN
the way of National corporation and
such license or other form of rcgula,
tion AS il may sec fit. This whole mat
ter Of interstate commerce beng unrc
scrvcdlv in tile hands of Congress. and
tered corporations doug interstate com
mcrce business are largely out of the
jurisdiction of Congress, the assump
tjon of jurisdiction through National
Incorporation seems 10 be the impera
tive duty Of Congress. Under the full
faith and credit clause of the consti
tuition, it has been the practice for every
State TO allow of the incoming of rho
business OF any corporation chartered
in any other State; and vet il is Al
anomaly to construc that clause Of the
constitution in this direction, especially
when we consider that the interstate
commerce jurisdiction is expressly con
ferred, without limit, upon Congress
1t is clearly the duty of Congress t.
exercise this authority and jurisdiction
plainly and unrestrictcdly conferred
upon il by the constitution and con
fine the operations of Stair. chartered
corporations within the boundaries OF
the States that chartered them. To allow
them 10 operate outside is double dis
advantage, First, it encroacbcs upon
tho Congressional power of regulation OF
interstate commerce.; second, it places
other States wherein such Statc.char
tered institutions operate. at a disad
vantage in not being able fairly TO pro
tect themselves against the intrusion
of such concerns. often to their disad
vantage, aud declared so from time tc
time by the courts of their States; as
for instance. the legislation in Tc1a,
on oil and railroad companies. and tho
exclusion from the State of Missouri
Of the Harvester trust. These State
objections 10 the intrusion within thciI
boundaries of concerns chartered il
other States would be a violation OF
the National constitution if il were
true that the trainers Of that instru
! mcnt intended to have the full faiti
aud credit clause extended in this dircc
! ton; but since il is evident that there
was no intent TO have that clause ap
piled in this commercial sense. sine,
the express and complete power to reg
| ulatc Interstate commerce was con
| tpTrc1 uDOu CuuurpSa If 10 n clour cas,