The Semi-weekly leader., 1921-12-14

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tries and industrial affairs. II in thess
two things we are sufficient it must
follow that there is something in the
attitude OF the state that is preventing
Its industrial development, and the al.
titude OF the state in my opinion is the
exact reason for our present situation.
This attitude is not found in the
eagerness with which each community
stands ready and anxious to invite into
It's midst any kind OF industry that Of
fers employment to its labor and a
market to dts farmers. This attitude
is to be found in deeper causes, and
these causes are the laws that have
been enacted and the manner in which
they have been enforced for the last
thirty years.
The Revenue Raids.
About thirty years ago. lust al the
time when the fee system in Missis.
sippi was abolished, our legislature es
tablished the office OF revenue agent.
at the time primarily to enforce the
collection of taxes on a fee basis
Gradually this power has been extend
ed, and today the revenue agent is an.
thorized, in addition to back taxes, an
parently to bring any kind of suit that
can be brought in the name of the
state to recover any penalties or fines
that may be due the state, and to re-
ceive as his compensation twenty per
cent OF whatever he recovers. In other
words, the name and the credit and
the power Of the state have been
lodged in this particular officer with
the injunction to proceed to the col
lection Of every penalty that can ,be
collected in the name of the state.
Not only this, but our Legislature for
the same period OF time has been sys-
tematically enacting laws so oppres-
siVe and burdensome that a wei de-
veloped and general Industrial life in
impossible. This legislation began in
the enactment Of laws taking away
from industrial concerns common law
1erenses and subjecting them I'm all
cases Of accidents or injuries practi-
cally to the payment Of whatever sum
\ jury might award. Not long ago the
representative of the largest Industrial
Indemnity insurance company operat-
ng In the state told me that the ure-
niums for indemnity insurance were
higher than in any state in the Union.
We know, of course, that the Industry
hat is protected must bear this cost.
and to the extent that this cost in Mis-
'issippi exceeds the cost in other states
% that extent would industry in Mis-
'issippi be handicapped in competing
n the open market with industries 10
lated in other states.
Out of these conditions have arisen
! vast flood of litigation of such seri-
'us and hazardous proportions as to
Ieep industry afraid Of our state, if
here were no other reasons, but 1t is
lot my purpose to discuss this branch
II the subject today. l merely throw
n this thought because know 1t to be
me of the weights we are carrying.
Antitrust Nonense.
The serious menace comes from the
tate itself and from the laws which
he state has passed directly handicap
ing and lettering industrial develop
nent. Our antitrust laws are so many
nd SO complicated and are so uncer-
ain as to the ultimate construction
hat any business Of large proportions
5 unable to know what is or Is not
until after its business has
een developed, and 1t has probably
ound by the payment of tremendous
enalties or the imposition of heavy
ines that what it thought was lawful !
ltimately proved to be unlawful.
And the serious thing is that the
state has not given any considerable
attention toward preventing the doing
# an unlawful thing. Its attitude is
'ather to invite the doing of an unlaw-
ul thing in order that after a while |
fines and penalties may be
collected for the account OF the state
md the officers charged with the en-
orcement of its laws. In this connec-
ion I wish to say and to emphasize
hat l am not criticizing any of the
,resent officers OF the state. / do not |
lave in mind the present occupant of
he office of revenue agent or the
present attorney general. l am talk
ng of the office and not the man, be-
;ause these men are unQuestionably
Ioing only the bidding of the state.
The evil proceeds from the legislation |
nd not from the officers.
l have taken some pains to find out |
he extent of the prosecution of busi-
less enterprises of other states. In
letail the information would be
engthy and probably uninteresting.
The net result, however, is that in pro-
'ortion to population and In proportion
o the amount of capital invested in in
lustrial and transportation life, Htiga-
ion instituted by our state surpasses |
hat Of every other state to such an
xtent that an effort at comparison
would be absurd. 1t is practically the
ule In all other states that some ques-
ion Of public good is to be considered
'efore the state begins its prosecu
ions. If law be not observed and
Is non-observance be unimportant, the
tate is content to let the business
rosper, to let its payrolls continue
nd itself to enjoy the general good
hat comes from state development
sut this is not true in Mississippi. In
very important center in the state
here are representatives of the rev
nue. agents who watch out for every
'ossible sort of opportunity to catch
business off guard, and to inflici
pom it the penalties provided by OuI
avs, which for the most part are Sc
erer for similar offenses than the
AVIS OF any other state of the Union
A Bad Principle.
These actions of the revenue agent
ind expression in two kinds OF litiga
ion. The first Is back taxes, and the
econd, real or supposed violations OF
he antitrust or other laws. We have
ever reached the point where the
usiness OF the state can never know