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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (July 31, 1908)
t 4"T" yjpywr -&. - XtZ.X4ti The7 eommtoner hO a VOLUME 8, NUMBER 29 : 8 Into court 'holds in .effect that as tlio -Standard Oil company of' Now Jersey,; was not a party to tho suit and had not tfad its day in court, tlio trial court lias no right to talco its resources into consideration, although it warf shown that, it owned and controlled tho dofendant company, and that tho Jlno was excessive with respect to tho Indiana .company, tho legal .defendant. Tho decision involves points and estab lishes rules of Immediate if not of very great ultimate importance. Tho ruling of the court which imposes upon tho government the burden of showing that tho dofendant was awaro of tho logal rate when ho accepted tho smaller rato will doubtless add materially to tho dim culty of securing convictions in such cases. It is duo porhaps to the tribunal which renders this decision to accept it as legally correct. If not, owing to tho novelty of the point, fortified by precedent, at any rate by approved rules of. construction. Tho grounds of policy given are, however, a little dubious. Tt is true that a ruling to tho contrary would in theory throw upon tho shipper of, say, a dozen eggs tho burden of ascertaining what is tho lawful pub lished rato, which might prove. sb technical a problem that his commercial impulse would bo discouraged by the difllculty. But in' practico tho small shipper and even tho general shipper would hfrvq no occasion for fear of prpsecution, partly because in tho main tho rato given him is tho legal rate. In theory, of course, tho law is equaf upon all men, and thd court was per haps in logal duty bound to consider tho case theoretically from tho standpoint of tho general shipping public. It is truo also that tho imme diate effect of tho Landis decision was to fright en many shipping interests, who drew tho logical pqnclusions expressed now by tho review-. ing court. ' ' However, the unbiased layman will feel" some dobt that the decision, on this point will really servo tho ond aimed at by tho interstate commorco law. That law is aimed at secret concessions because such concessions, rebates, and unfair advantages wero believed to estab lish or' fSrtify monopoly. These evils wero practiced by the great shippers, virtual mon- ' opolies or on tho high road to monopoly. Tho smaller Shipper did not, and by this very liypothesls could not, obtain concessions from 'tho published rate. Ho was, therefore, in no danger of prosecution under tho most technical construction and tho most drastic enforcement of tho law. To mako more difllcult the en forcement of a law designed, under definite economic conditions, for his protection, and to do this under tho guise of protecting him from tho law itself, has an element of irony in it which may escape lawyers but not laymen. Tho third ground of reversal will appeal even less strongly to the laity The court seems to have been profoundly impressed by the fact that the Standard Oil company of New Jersey had not its constitutional right of a day in court. This is an incontrovertible legal' fact, and yet wo believe it will leave the average man singularly cold. It is a matter of record that tho Standard Oil company of New Jersey owns and cbntrols the Standard Oil company of Indiana. The profits and the acts of the one are, in fact, if not as a matter of law and bookkeeping, the profits and acts of the other. Perhaps the technical distinctions are impor tant, but they will seem to laymen hardly H merit tho somewhat solemn and excessive emo tion with which the opinion declares that the Standard Oil company of Now Jersey had not had Us day in court, that Tweedledum shall not bo fined for tho crime of Tweedledee, that the - head shall not be punished for what the fist ' broke. ; ' ' Let us grant that the court has to do with tho law as it is, and was constrained to recog- nizo the legal distinction, but it may be sug gested with all respect that the grave concern manifest in this part of tho opinibn over the fact that the Standard Oil company 'of New Jersey had not had its day in court might have been reserved for some of the palpable and unescapablo consequences which may flow from " such distinctions. , - .. For example: A great continental rail road, in tho course of its expansion, buys or builds in Montana or Oregon a smaller line. This feeder is a corporation created by the state of Montana or Oregon, a separate legal entity from tho transcontinental line, but owned and oper ated in conjunction with it. Perhaps by itself it is a relatively unprofitable, even a bankrupt road. But as a part of the main line it is important .and to tho main company profitable, directly or indirectly. This smaller road com mits offenses against the law of the land. Per haps it is guilty of the most serious offenses offenses out of all proportion to its own activi ties. The parsimony, the negligence, the hard ened selfishness of the directors of the main company may compel a policy of operation re sulting in a frightful accident. The legal in jury is committed by tho Oregon legal entity. Its funds, may be taxed, but how about the real culprit, tho real source of the wrong suffered? Apparently this large entity can not' be brought Into court, and, being deprived of its day in court, legal justice puts up the barrier of technical distinction to protect it frorn real justice! , If this is law it must cease to be law! This artificial creature, the corporation, must not in its ubiquity forever escape the single1 Justice which the natural individual iust' face. ' If i through defects in our procedure an' actual i'den-' tity is npw abl6 to escape its own misdeeds by a mer6 fiction, that fiction should be" destroyed bV statute ' .". .) n !''. i ,i DEMOCRATIC CAMPAIGN FUNDS PROM, THE PEOPLE Already contributions are coming from the masses.1'" The Commoner has ' already received 4 a number, of such contributions and will con tinue to receive them until thfcmew treasurer of tho democratio national committee shall make arrangements for the collection of these funds. Recently Mr. Bryan received telegrams from the Oklahoman of Oklahoma City and the News-Scimitar of Memphis announcing that they had started dollar subscriptions Mr. Bryan expressod himself as much gratified at this evi- , dence of support. His statement follows: "I wish every democratic paper would be gin the collection of a fund from its own sub scribers,.. iThore are very few democrats who could not. afford to mako a small subscription, and the- people will never be able to control the government until they take upon themselves the burden of supplying campaign funds. As long asi a few men furnish the money to fight a campaign these men will exert, an undue in fluence upon tho government. It seems to me we have reached the end of corporate contribu tions, and this is a step in 'advance, but the . individuals who control these favprpseeking corr poratiQiift may still dominate poUticsby furnish ing the ,siuews of war. The dempcrrtic party has struck at this system by limiting contribu tion to $10,000 and providing for publicity be fore election. Tho republican pttrty' has so far refused to join with us on this' proposition, but; public sentiment may yet compel it to do so. 1 have no doubt that tho democratic party will receive contributions from more individuals than over contributed to any campaign,- and thoro is no reason why the entire sum necessary should not be supplied by contributions from tho masses. If every democratic paper will take the matter up and lend a helping hand,, we will soon have money enough in tho treasury to provide for legitimate campaign work, and that is all wo want." Following are extracts from letters re ceived at The Commoner office, accompanied by contributions: Wilbur, Wash. Herewith find draft for $24 to be turned over to the democratic na tional committee for campaign expenses, Wyncote, Wyo. Herewith" find $5 in cur rency to be used in the campaign. Beloit, Wis. Please find enclosed check for $10 for campaign fund. . i ,, Washington, D. C. Herewith find - $1 for use in the campaign, -i - .; . ; j Garland, Utah I enclosed as a- contribu-,t tion for the democratic campaign fund. Hope we win at the polls in November Erie, Pa. -Please turn, over the enclosed X remittance to the democratic national com mittee Kansas City, Kan. I hand you herewith $1, my contribution to the campaign fund. . Atlantic City, N. J.. Herewith money pr der for $1 for national campaign fund. If I ,find employment soon will add a little more. I am a brotherhood carpenter. Abbpttsford, Wis. Herewith find remit-: tance of $1 to help in the campaign. Mr. Bryan will get all ,the democratic votes here and many from tho republicans. Lincoln, Neb. Please accept my check fpr $5 to be used in tho democratic national cam paign. Minneapolis, Minn. Enclosed find check for $2, my contribution for the national cam paign fund. Wish I could do more than this. Will do everything I can in the campaign. Missouri One month ago I commenced work in my father's bank on a salary of $10 per month. Last night I was handed my first pay check which I enclose as my contribution ,tb tho cause. Atlanta, Ga. I enclose a $1 bill for cam paign fund. If every loyal democrat will con tribute $'l to your campaign fund it will not be necessary for large corporations and wealthy individuals to furnish the sinews of war. Chipago, 111. Lot me suggest a plan for raising funds that is democratic and will place the finances of the campaign with the people and not with trusts, etc. Let the committee call on democratic voters each to contribute $1; surely from the six and a half million voters there wilj come a vast free voluntary donation. I enclose my $1 to start such a fund. Denver, Colo. I want to be one of the five hundred thousand who will give $1 for tho democratic campaign fund. Call it the $1 fund and find my $1 enclosed. Memphis, Tenn. Herewith find my check for $100 which I cheerfully contribute to the success of the democratic party. I went to Denver last week to attend the national con s ventlon, renew my faith, and strengthen my hope to see another democratic president in this life; with tho broad democratic and patriotic platform .made there, I sincerely believe it will , v como to pass March 4, 1909. Peoria,, Ill.-r-Enclosed find money order for . , $10, contribution to your campaign fund. , hhope .n.cpuple of million democrats, will, re- spond, bo that Mr. Bryan may not lack funds to present properly the issues. ' St. Louis, Mo. Herewith- $10, Contribution to the democratic national campaign fund. Denver, Colo. Believing that you will' "make good" and give the people in this sec tion bounded by Canada on the north, Mexico on the south, Missouri on the east, and the Pa cific coast on, the west, an equal chance, I take pleasure in enclosing you my check for $50, and While I am not rich, I offer my time and pay my own expenses in placing facts before the public as to why Mr. Bryan should be our next president, - , Hartford, S. D. Please find my personal check for $25 for your 1908 campaign You stand for what is politically the best In the north and- the south, the east and the west, and can not be budged by the corporation whip. Chicago, 111. Enclosed please find my lit tle mitp for the campaign fund, $25. Lincoln, 111. I see your appeal to the farmers for contributions to the campaign fund. Enclosed find check for $50, $10 for my wife, $10 for each, of my sons, $10 for my daughter, and $10 for myself. St. Louis, Mo. Enclosed find check for $25, which please endorse to the treasurer of the national democratic committee to be 'used for campaign purposes. i Dorchester, Neb. I notice the statement of Mr. Bryan and Mr. Kern asking farmers for contributions to the campaign fund and take pleasure in handing you herewith my dheck for $100. Philadelphia Enclosed find check for $10 which you will please turn over to the treas urer of the national committee. They can't keep a good man down. Huntsville, Ala. Enclosed find $5 ("tho widow's mite"). Wish I were able to make it one thousand times more, but out of tho salary of $40 a month this is the best I can do. Denver, Colo. I enclose my check for $25 and will do more from time to time. I am a business man, but if the cause needs me I am ready to go when and where needed. Orange Lake, Fla. I am in my seventieth' year and feeble, and fear I may pass over e'er the time to vote. Please find enclosed my con tribution of $1 to the campaign fund. Kansas City, Mo. Herewith find $5 to as sist in paying national campaign expenses. This . from a republican who voted for Miif Bryan in 1896. and ho is glad to have the" opportunity to votefpr. him again. u U lfcM ifi jf " " " - rt. .iMudil tiawewfc "3T"r fT rifrr r