The Clio messenger. (Clio, Mich.) 1907-current, 1916-09-08
Truth About Our Laws

We are all familiar with the measure
of suspicion that is generally attached
to the corporation lawyer, yet the fol-
lowing excerpts from paper entitled
The Citizen Lawyer, His Enlarging
read at recent meet
ing of the Commercial Law League, by
Samuel Untermeyer, of New York,
throw a refreshing and distinctively re-
assuring light upon the character of
that class of professional gentlemen.
MIR. Untermeyer is one of the most dis
tinguished lawyers in the country and
counsel for some of the most important
corporations, yet he has had the cour-
age to separate his duties to his clients
from his duties as an American citizen
and to champion the cause of righteous
and undiscriminating legislation with
out regard for those whom it may help
or hurt. We should be glad to publish
the entire paper, which is one of the
most lucid, logical and valuable disser-
tations on legislation we have ever
read, but lack of space forbids, so we
are publishing only brief excerpts upon
topics with which the thinking reader
is already more or less familiar. Says
Mr.. Untermeyer:
The influence of the lawyer is wan
ing and justly so on economic questions.
We are too much inclined to permit our
views to be moulded by the selfish
interests of the clients whom We hap
pen to represent. We have no right to
allow the source of our retainers to
blind us to our duties of citizenship or
to destroy our independence.
"Our corporation laws are without
exception the loosest, most unjust and
inadequate and in every way the worst
with which any civilized nation is
afflicted. They are snare to the in
weston, minorities are helpless, they
offer premium upon dishonesty and
furnish the safest and most fruitful
field to the criminally disposed exploiter
for the practice of fraud and oppression
upon the public. Every safeguard that
other countries have thrown about
their citizens has been rejected by. us.
From the birth to the death of a corpor-
alton, the system is utterly wrong and
designedly so. 1t is the creature of the
long line of powerful men under the
guidance of their clever advisers) who
framed the Legislation to serve the ends
of the financial buccaneer to the exclu-
sion of the public protection. Under
normal conditions it would not have
been possible in justice-loving coun-
try such as ours. For this unspeakable
situation We are primarily indebted to
our form of government. Upon the
fetish of the sovereignty of the States
rests the main responsibility. 1t is one
of the many penalties that has beer
and is being inflicted upon US for thi:
worship of the empty shell of States
rights.
Il am and have been for thirty years
an avowed Nationalist, for | believ,
that there is only one great issue tina
separates the parties today and that i!
the issue of Democracy that of thu
privileged and predatory Glasses VS.
the Masses and that the rights of tn,
Masses can only be worked out through
Federal action.
Whatever merit there was in tn,
times-it was a virile and compelling
issue-has been long since outgrowi
and is completely overshadowed by tn,
interstate character of modern business
which cannot be conducted within Stat,
lines. The country is more unified anC
smaller in the sense that transporta
ton and communication have drawn i
together in closer and more intimate
|
to reach one another as is now accom-
plished in days.
THE remedy is obvious. Enact
national corporation law. Presiden
Taft recommended such law unde
the advice of his Attorney General.
have been contending for such a Law
for the past ten years and have neve
doubted its constitutionality. Most o
the important corporations, excep
banks and local utilities could b.
reached by it. as being engaged il
foreign or interstate commerce as nov
understood.
1.-The imposition of the Income Ia,
and especially of the graduated super
tax on large incomes was step in tn
right direction. The doubling of tn,
tax that is now impending is anothe
salutary step and the imposition of
substantial tax on munitions is still an
other. 1t is gratifying and encourag
ing to feel that the greater prepared
ness of which we are so sadly in nee,
is to be accomplished through taxin,
the men who receive the lions share o
its benefits and to whom its paymen
involves no hardship The tax on in
comes, and especially the heavy super
tax on great incomes, is the most jus
and the least burdensome of all form.