Evening star., 1921-09-18

the states to . realisation that this
10 . union Of states. After nifty
years OF acquiescence in the false
belief that the civil war ended
state rights. we/ are beginning to
discover that good government de-
Ponds upon reassertion Of the doc
trine Of state rights and the super
imposition upon that doctrine Of
the additional doctrine Of state du-
ties.
The trust evil II largely q cor
porate evil. The general govern
ment is not engaged in the busi-
ness Of creating corporations. In
my judgment. 1t has no power to
create them. A corporation is the
creature of tho state. When. If.
ever. the trust situation gets bad
enough to shock the moral sense
Of the American people, 1t will be
found that the joint doctrine of
state rights and state duties is
the only anchor to windward.
When that time comes the several
states Of this Union will set about
to revise their corporate laws.
They will limit the formation OF
corporations to purposes which are
public or quasi-public In their
character. They will forbid the
formation of corporations to run
cigar stands and peanut ,,,,'. roasters:
the conduct Of private business
back upon the individual. and they
will be sure to retain control over
tho operations Of all corporations
chartered by them.
~ ~
Meanwhile there is not much
difficulty in reaching a solution.
even in the present condition Of
corporate law. The courts will
hold. have no doubt, that, as crea-
lures Of the state. corporations are
endowed with Just such rights and
privileges as the law has conferred
on them; that though they are
persons. they are not human be-
ings, and that the state has created
them to do only those things which
the state has permitted them to do.
Surely no state Of the Union has
issued a charter authorizing one
corporation to contral a legal or
common-law marriage with an
other.
The states have not paid much
attention to this question. because
the tendency Of the last forty
years has been to turn over every
local right to the general govern
ment and to demand that it shall
provide and enforce penalties for
violations Of those rights. But
more and more results are showing
that Washington Is too far away
from the source Of the evil to get
good treatment.
Men have been saying Let US
have . new religion, q new govern
ment, new social order" But hell
has not been abolished to the sat-
ishfaction Of US all. 1t has not
been established that a clerk in
Washington knows better what the
grade of my sidewalk should be
than my LEGAL engineer. The old
social order has been found to
possess virtues not characteristic
of the new. People are prone to
return to old ideas when new ones
fail.
When observe the confusion in
which It finds itself and the utter
inability of the general govern
ment to rectify trust evils and to
punish offenders 1 am convinced
that the old doctrine of state
rights needs to be reasserted. with
this solemn warning to the states
by Uncle Sam: "You can do these
things far better than I can. 1t is
your duty to do them. I am going
to give you q chance to discharge
your duties. but warn you that
you must at least attempt to re-
move the injustices created by the
trusts and to punish offenders. If
you neglect or fail. I shall try a
hand. The worlds work must be
done. You are competent. Do it.
Otherwise the burden of an at
tempt will be upon me-"
My criticism, which in part has
been misunderstood to be a criti-
cism Of the general government
and its usurpations OF power has
been in reality a criticism of the
individual and the state for their
carelessness and indifference in the
discharge of their duties and for
the utterly reckless way In which
they have passed responsibility to
Washington. It may do no great
good but while any one will read
or listen am Going to continue t.
prod the individual and the state
to discharge their own duties.
Even now there is . ray Of light.
Attorney General Lesh Of Indiana,
who is q real lawyer. has filed two
suits to dissolve what he denomi-
mates trusts. one against the milk
and butter men and the other
against the Toe men. AS part Of
the relief sought he is asking that
the charters Of the offending COM
panies be forfeited am not try
ing these cases nor seeking to
forestalli either public opinion or
the Judgment OF the courts. What
am attempting to point out Is
that there exists Q remedy for the
trust evil. that II corporations
created by the state combine to
enhance prices the charters Of
these corporations may be for
feited. And they can be forfeited
by the state that issued them and
by no one else.
Copyright BY Tksmas b. NarshaIl.)