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The Commoner
VOL. 14, NO. 2
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proper development to moot the rapidly growing
requirements of tho country for increased and
Improved faclliticB of transportation. Wo can
not postpone action in this matter without leav
ing the railroads exposed to many Hcrious handi
caps and hazards; and tho prosperity of tho rail
roads and tho prosperity of tho country aro in
separably connected. Upon this question those
who aro chiefly responsible for tho actual man
agement and operation of tho railroads have
spoken very plainly and very earnestly, with u
purpoB3 wo ought to bo quick to accept. It will
bo ono slop, and a very important one, toward
tho necessary separation of the business of pro
duction from the business of transportation.
Tho business of the country awaits also, has
long awaited and has suffered because it could
not obtain further and more explicit legislative
definition of tho policy and meaning of tho exist
ing anti-trust law. Nothing hampers business
liko uncertainty, Nothing daunts or discourages
It like the necessity to take chances, to run the
risk of falling under tho condemnation of the
law boforo It can make sure just what the law
is. Surely wo are sufficiently familiar with tho
actual processes and methods of monopoly and
of the many hurtful restraints of trado to make
definition possible, at any rate up to tho limits of
what expo-lonco has disclosed. These practices,
being now abundantly disclosed, can bo explicit
ly and item by item forbidden by statute in such
terms as will practically eliminate uncertainty,
tho law Itself and the penalty being made equally
plain.
And tho business men of tho country desire
something more than that tho menace of legal
process in these matters be made explicit and in
telligible They desire tho advice, the definite
guidance and Information which can bo supplied
by an administrative body, an interstate trade
commission. The opinion of the country would
instantly approve of such a commission. It would
not wish to see it empowered to make terms with
monopoly or in any sort to assume control of
business, as if tho government mado itself re
sponsible It demands such a commission only as
an indispensable Instrument of Information and
.publicity, as a clearing-house for the facts by
which both tho public mind and the managers
pf great business undertakings should be guided,
and as an instrumentality for doing justice to
business whore the processes of the courts or the
natural forces of Correction outside tho courts
aro inadequate to adjust tho remedy to the
wrong In a way that will meet all the equities
and circumstances of tho case.
Producing industries, for example, which have
passod tho point up to which combination may
be consistent with tho public interest and the
public freedom of trade, cannot always be dis
sected Into their component units as readily as
railroad companies or similar organizations can
be. Their dissolution by ordinary legal process
may oftentimes involve financial consequences
likely to overwhelm tho security market and
bring upon it breakdown and confusion.
Thore ought to be an administrative commission
capable of directing and shaping such corrective
processes, not only in aid of the courts but also
by Independent suggestion, if necessary.
PUNISHMENTS SHOULD FALL UPON INDI-
' VIDUALS
Inasmuch as our object and the spirit of our
action in these matters is to meet business half
way in its processes of self-correction and dis
turb its legitimate course as little as possible
we ought to see to it, and the judgment of prac
tical and sagacious men of affairs everywhere
would applaud us if wo did see to it, that penal
ties and punishments should fall, not upon busi
ness itself, to Its confusion and interruption but
,upon the individuals who use the instrumentali
ties of business to do things which public policy
.and sound business practice condemn. Every act
of, business Is done at the ommand or upon the
.initiative of some ascertainable person or croun
,of. persons. These should bo hold Individually
responsible and the punishment should fall upon
tHenV l0t upo,n 9G business organization of
which they make Illegal use. It should be one
of the main objects of our legislation to divest
such persons of their corporate cloak and deal
with them as with those who do not represent
their corporations, but merely by deliberate in
tent on break the law. Business men the Sun
try through would, I am sure, applaud us If wo
were to take effectual stops to see that the offi
cers and directors of great husiness bodies were
prevented from bringing them and the business
of the country into disrepute and danger
Other questions remain which will need very
thoughtful and practical treatment. Enterprises,
in these modern days of great individual for
tunes, are oftentimes interlocked, not by being
under tho control of the same directors, but by
tho fact that the greater part of their corporate
stock is owned by a single person or group of
persons who aro in some way intimately related
in interest. We are agreed, I take it, that holding
companies should bo prohibited, but What of the
controlling private ownership of individuals or
actually cooperative groups of individuals? Shall
tho private owners of capital stock be suffered
to bo themselves in effect holding companies?
Wo do not wish, I suppose, to forbid the pur
chase of stocks by any person who pleases to
buy them in such quantities as ho can afford, or
in any way arbitrarily to limit the sale of stocks
to bona fide purchasers. Shall we require the
owners of stock, when their voting power in
several companies which ought to be independent
of one another would constitute actual control,
to make election in which of them they will ex
ercise their right to vote? This question I ven
ture for your consideration.
MORE CHANCE FOR INDIVIDUALS TO BRING
SUIT
There is another matter in which imperative
considerations of justice and fair play suggest
thoughtful remedial action. Not only do many
of the combinations effected or sought to be ef
fected in the industrial world work an injustice
upon the public in general; they also directly
and seriously injure the individuals who are put
out of business in one unfair way or another by
the many dislodging and exterminating forces of
combination. I hope that we shall agree in giv
ing private individuals who claim to have been
injured by these processes the right to found
their suits, for redress upon the facts and judg
ments proved and entered in suits by the gov
ernment where the government has upon its own
initiative sued the combinations complained of
and won its suit, and that the statute of limita
tions shall be suffered to run against such liti
gants only from the date of the conclusion of the
government's action. It is not fair that the pri
vate litigant should be obliged to set up and
establish again the facts which the government
has proved. He cannot afford, he has not ..the
power, to make use of such processes of inquiry
as tho government has command of. Thus shall
Individual justice be done while the processes of
business are rectified and squared with the gen
eral conscience.
I have laid the case before you, no doubt as it
lies in your own mind, as it lies in the thought
of the country. What must every candid man
say of the suggestions I have laid before you,
of the plain obligations of which I have remind
ed you? That these are new things for which
the country is not prepared? No; but -that they
are old things, now familiar, and must of course
be undertaken if we are to square our laws with
tho thought and desire of the country.- Until
these things are done, conscientious bus'ness
men the country over will be unsatisfied. They
are in these things our mentors and colleagues
We are now about to write the additional articles
of our constitution of peace, the peace that is
honor and freedom and prosperity.
The real reason why Wall street is willing to
rebuild its business structure upon the lines laid
down by Mr. Wilson is that it knows he is it
earnest and that he means what he says No
body ever accused Wall street of not being able
to tell a hawk from a handsaw.
GOOD TEAM WORK
The democratic floor leader, Senator Kern of
Indiana, and the president pro tempore, Senator
Clarke, of Arkansas, have, by their excellent
team work in the senate strongly supported and
greatly aided the administration in securing the
prompt passage of the tariff and banking and
currency laws. The senate has demonstrated its
willingness to effectively carry out the pledges
made to the people in the Baltimore platform
and the thanks of the country are due the demo
cratic leadership for a wide-awake and progres
sive policy that will enable our party to retain
and deserve the public confidence.
Editor Pindell of Peoria, after being vindi
cated by receiving confirmation of his appoint
ment to the post of ambassador to Russia de
clined because he did not wish to embarrass the
administration at St. Petersburg. It was a man
ly thing to do, and justifies the confidence dis
played by the president in urging his aDDoint
ment in spite of the obstacles interpod
WOULD BENEFIT MONOPOLY
The president's attitude towards the exemp
tion of American coastwise vessels from. Panama
canal tolls is definitely sot forth in the following
Associated Press report giving publicity to a
letter written by the president to William L. Mar
bury of Baltimore:
Baltimore, Feb. 6. President Wilson, in a
letter to William L. Marbury of this city, which
will be published in the Baltimore Sun to
morrow, says that the exemption of American
coastwise ships from Panama canal tolls "con
stitutes a very mistaken policy from every' point
of view" and "benefits for the present, at any
rate, only a monopoly."
The president also pays high tribute to Secre
tary of State Bryan. The letter follows:
"White House, Washington, Feb. 5, 1914.
My Dear Mr. Marbury: I have your letter of
January 30 with regard to the question of canal
tolls. My opinion is very clear. The exemption
constitutes a very mistaken policy from every
point of view. It is 'economically unjust; as a
matter of fact, it benefits for the present at any
rate, only a monopoly, and it seems to me to be
in clear violation of the terms of the Hay
Pauncefote treaty. There is of course, much
honest difference of opinion, as to the last point,
as there is no doubt as to the others but it is at
least doubtable, and if the promises we make in
such matters are debatable, I for one 'do not care
to debate them. I think the country would pre
fer to let no question arise as to its whole
hearted purpose to redeem its promises in the
light of any reasonable construction of them
rather than debate a point of honor. , r
"Your reference to the secretary of state
shows haw comprehensively you have looked on
during the last few months. Not only have ,Mr.
Bryan's character, his justice, his sincerity, his
transparent integrity, his Christian principle,
made a deep impression on all with whom he has
dealt, but his tact in dealing with men. of many
sorts, his capacity for business, his mas.tery of
the principles of each matter he has been .called
upon, to deal with, have, cleared away many a
difficulty and have given to the Bo)cy ..offethA
state department a definiteness. and dignity, that
.are vpry admirable. I ieed.notsaywith.what
pleasure and profit I myself have taken' from
close assqeiation wjtjh Mr. Bryan or how thor
oughly ho has seemed to all of us who are asso
ciated with him here to deserve not only , our
confidence, but our affectionate admiration.
Sincerely yours, WOODROW WILSON."
SULMVAN, SENATOR? NO!
The press dispatches say that Roger Sullivan
of Chicago has announced his candidacy for the
United States senate. If he entertains any such
ambition it is well that the democrats of Illinois
should know it in time to thwart his purpose,
for it is unthinkable that he should bo chosen
for a seat in the United States senate by any
American commonwealth. If he had any con
ception .of the dignity of the office or of the
duties devolving upon a United States senator,
ho would not aspire to the place. If he is ever
seriously accused of having qualifications for the
office, he can prove an alibi. Ho is just the kind
of man whose election is impossible if put to
popular vote. He is to the democratic party
what Senator Lorimer was to the republican
party, and it is inconceivable that the democratic
party of the great state of Illinois would de
liberately choose such a man and call upon itself
the odium which was forced upon the republi
can party by the disgraceful action of a legisla
ture. There is no danger of Mr. Sullivan's being
elected to the United States, senate, .for his nom
ination, if such a .thing, is possible, can not pos
sibly, result In election, but hia nomination would .
defeat the congressional ticket,. Every congress
man .who. is anxious to return to Washington
ought to exert himself to prevent Mr. Sullivan's
nomination; and every democrat who desires the
presidents policies upheld should arouse him
self to make Mr. Sullivan's defeat at the pri
maries a certainty. The senate is now a demo
cratic body, as progressive as the house; let no
backward step be taken in any rtate
nivi J? ? !t.wa? 'eplied' whenever anybody
talked of stopping lobbying at Washington, that
SL2?8 n lmP0Ssib!e task- Yet one blast of in
Hnico ?? dynamite set off from tho White
Snn 8 w li? Sing of the special tariff ses
t!SL ? m.mp ended t. Doing impossible
tasks is one of Mr. Wilson's specialties.
