The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-08-27

: / OMAN -SUND AY,
| citation OF corporate abuses and earn
/ est in championing reforms We above
all others are familiar with the weak
spots. Upon us as specialists and as
sworn officers OF the law devolves prf-
marty the duty of pointing out the
need for corrective legislation and
the public has the right to rely upon
us for guidance. When we sell our
expert knowledge to our clients our
opinions OF what Is right and wrong
In existing law do not go with 1t. 1t
does not follow that because we ad-
wise the client as TO what the law
IL that we should insist that 1t Is as
it should be. or should fail to exert
ourselves TO change II II 1t Is not as
II should be.
We are face to face with the task
OF moulding our antiquated laws TO
meet modern conditions. which is
vastly moro important service than
that OF mere Interpretation. One of
many needed steps in that direction
has been taken by the American Bar
Association through its committee on
uniform laws. but II has hardly
scratched the surface OF the urgent
reforms that must be accomplished
before ours will be entitled to be
classed among the progressive
sciences.
MUST INVADE REALM OF
ECONOMIC AND SOCIAL REFORM
Whilst much may be done through
such agencies where there Is substan-
ttal agreement among the members
upon the wisdom of the proposed
change. the controversial reforms.
which are generally the most import
ant. cannot be effectively accomplish
ed by the concerted action OF a large
body OF men of differing opinions.
however wise or patriotic. They must
be the result OF independent. indivi-
dual conviction and agitation where
each man may be as radical In his
program as he believes to be neces-
sary, unhampered by the inevitable
compromises and perils Of non-action
that are the outcome OF the divergent
views OF collective bodies.
We must invade the realms OF eco
nomic and social and industrial re-
form wherever the skin OF the lawyer
is required TO translate the principle
into action Yet every bar association
has studtously RETAINED from en-
croaching upon this. which is pecu-
larry the province of the public
spirited lawyer.
The number and Importance of
such subjects OF reform that occur to
one are so great that II would be I'M
possible fully TO discuss any one of
them within the compass OF a single
address l wifi confine myself today
70 Indicating briefly few OF the many
such subjects in which we are today
stumbling along under intoierahly OBJ
solete conditions, far In the rear OF
other civilized nations. They include
our corporate laws; social justice; and
the administration OF the criminal
law.
Our corporation laws are without
exec ptlon the loosest, most unjust and
inadequate and in every way the
worst with which any civilized nation
is affiited. They are snare to the
investor. minorities and helpless, they
offer "A premium upon dishonesty
and furnish the safest and most fruit
full field to the oriminally disposed ex-
ploiter 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 the corporation, the sys-
tenn 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 financial buccaneer TO the exclu-
sion OF the public protection. Under
normal conditions II would not have
| been possible in a just!ce-loving coun-
try such as ours For this unspeak-
able situation we are primarily In
| debted to our form of government
! Upon the fetish of the sovereignty OF
! the States rests the main responsible
| tty 1t is one of the many penalties
~ tz oil
upon us for this worship OF the empty
! shell of States rights
The clever men who have been
/ profiting by the continuance OF the
| lax administration OF our corpora
/ tons have not been slow to seize upon
| this prejudice and to exploit 1t where
| over their interests have been threat
/ ened. The politicians who are the
/ creatures OF these selfish interests
| have taken refuge behind this ap-
/ peal.
/ l am and have been for thirty
! years an avowed Nationalist for l be-
/ lieve that there is only one great issue
/ that separates the parties today and
! that is the issue OF democracy-that
/ OF the privileged and predatory Glass
es VS. the Masses and that the rights
/ OF the Masses can only be worked out
/ through Federal action.
! AateNeF merit there was IN the
doctrine OF State sovereignty in past
! times-it was a verile and compelling
+ issue-has been long since outgrown
and Is completely overshadowed by
! the interstate character OF modern
/ business which cannot be conducted
within State lines. The country is
more unified and smaller In the sense
! that transportation and communica-
| ton have drawn 1t together In closer
and more intimate relations. IT re-
CURED as many weeks to reach one
another as is now accomplished in
days.
! In analyztng the reason for our
anomalous corporation laws we find
that to each State there Is reserved
| the sovereign right to grant corpor-
| ate charters regardless of the resi-
dence or place of business or actual
! 4 tni1 IL