Cals ! for Legislation Against ! ! ! :
to Which Country Is
Heir.
1NOT TO BLAME FOR PANIC
Policies cf Administration Are
Jy Defended Against Critics Docu
ment One of Most Striking
State Papers of History.
"Washington , Feb. 3. Presiden
5locsevt.lt today s < nt lo eoiigr = --5 :
-special mrsK"o , in which he vigorously -
ously < 1 feu - ; the course of th < * ad-
TnhiiKlmtio : ! in its correction of cor
porate abuses , and recommends legis
lation Mlnng vaiious lines. Th" mes
sage , which is in many respects on <
of the ir.ost remarkable state paper :
ever ssubmitteil , follows :
The rt.-r-nt decision of the up'vrm
court in regard to the em j > ! over.Ilahilitj
act , the experience of the l.-in-rst.-Ue Cum-
menimmi ! = s'on and of rhe dejwirtmenl
of justi--- enforcing the Interstate com
merce and anti-trust 5av.and th" grave-
! y signin.-ant attitude toward the law an l
Its administration recently adopted 1 > >
certain h < > a-ls of great e < : poratiois. ren
der it le.-irable thai there ? hcud b - ad
ditional i < gislation a * regards certain ol
the relations between labor ar-1 eai * ital ,
an < J between the great corporations and
the i j' : > .
As ieg.-rds the employers' liability law ,
; I adVMeate its immediate re-enactrnent ,
limiting its ser p * ' so that it shill ati ' ] > l.v
only to the < -lass of eases .is to which' the
court R- . * it can constitutionalv ! Jipy. ;
2 > ut * * tr ngthenins its provisions within
this SOIH - . Interstate employment being
thus f-overed by an adequate i a'i mal law ,
the l'i l"l of intrastnte employment will
be lef ; u the aciion of the several stntes.
\Vith thi ? clear definition of res or.sihj'irv
Ihe states will undoubtedly give th" per-
rormance cf their duty within their field
the consideration the importance of the
-Kubje < - : demands.
I also vr-ry urgently advise that i eori-
prehvn.-ive act be passed providing' for
jonipen - ition hy the governrrenr to ail
emp-ye.- ; injured in the government s = er-
rice. Vpder the present laws an injured
workman in the employ men t of the -gov-
srnmeTJi has no renv.ly. arid th- entire
fuinlion of the accident falls on thr > hel : > -
? ejB man , his wife , and hi.- young e-hil-
ilren. This Is f > n outrage. It is a "matter
Df huiTiiiiatioT to the r.atJvT. that there
ahou'cl r > --t he on rur stsuite ! > - > oksrz \ , -
visiou t' meet and p-irualiy to atone for
rrue.3 misfortune when i * . comes upon a
an th-oi h no faiilt of his own while
'CaUbful'y ervins : the puhlc.
Thrme hroa-l prlncipe ! wiich !
* hon ! < l -ii-nly to the jrovernment
should ultimately l > e ma-le a.pc-- :
i.l > 3e < o all private emnloye
'IVhertv.e nation has the power : t Vhbnld
rn.irt l.i-s to this efiVet.Vhere tl-.c
states til-.tie have the power they sho'ild
jilaet 11 * * laws. It is to he ohse-v ° d tVn
an omi'lovers' liabilHy lav : dc ° s not vcallv
ue.iT , ir'.i'lctins employers in dnr : - 's It
nerelv throv.-s upon the employer the hur-
? en of nccident iusurar.ee against injur
ies whi. h are sure to occur.
, As to Injunctions.
T asu'n call your attention to the re"- !
af s ome action in connv.-tion with ' .hi1
ibuse of injunctionr in labor casrs. As
resard. the rights and wrongs of lahor
tnd cnutil. : from blaekli. tins to hoyeot-
tinr. .Vn whole srb > ct is covered in ad-
xiiraWe fashion by the report of Th"
anthra < " * e coal strike eommis-r ri. which
. - eporthould serve as a chart for the
iiil\nee of both legislative and exccutivp
offic- ? . As regards injunctions. I can do
Jlttle bu : t P a : what I have said in my
ia.51 m s.-ase to ihe con rep . Kvc-i
thouch ii were posFible. I should corsider
It mc < t t'tiwise to abolish the u.-e of ti e
proems of injunction. It is nec-ssary in
order ' .hn.t the courts miy maintain : 'hejr
s\vi\ dignity and in order that they may
in effective manner check disorder and
violent . The judire who uses it cnutOiis-
y and cojiservativeiy. but who. when 'he
need urh-es , use it fearlessly , confers th-
greatest service upon our people , and his
pre-eminent usefulness as a. public serv
ant yh'ndd be heartily recognized. But
there is no question In my mhid that it
has sometimes l > cen used heedlessly and
anj s ly. r > nd that some of the inhinc-
iionr- issued inHict grave and occasionally
lrrepirabic wrong upon those enjoined
Tb'is rriiitter is daily becoming of graver
rmvortar.ee and I can not too urgently
recoTtim'id that the congress give eareful
consideration to the subject. If some
way of reme lying the abuses is not
found the feeling of indignation against
them among large numbers of our
ciUzens will tend lo grow so extreme : ss
io produce a revolt against the whole
bse of the process of injunction. The
JiUra-eonorvalives who object to cutting
, but th'- abuses will do well to remember
that if the popular feeling does become
Strong many of those uj on whom they
rely * o defend them will be the first to
turn auin.-t them. Men of property can
not jiff rd to trust to anything save the
spirit of justice and'fair play : for those
very pil li < " men who. while it is to their
! nle-resr. defend all the abuses committed
by eapU-il and pose as the champions of
eo svvaticm , will , the moment they
think their interest changes , talco the
Icatl in just such a matter as this and
pansier to what they esteem poptdar feel
ing byr < le voring. for instanee. effec
tively fn destroy the paver of the courts
tn matter.of injunction ; ar.d will even
seek to render nugatory the power to
.ounish fur contempt , upon which p wer
che very existence of the orderly admin-
on of justice depends.
j It is my purpose as soon as may be :
r to submit some further reeommenda- :
: tlons in reference to our laws regu- :
5 hitir.g labor conditions within the :
t sph .ro .if fe.ieral . authority. A very :
z recent decision of the supreme court :
; of The ITnited States rendered since :
; this message was written , in the ease :
5 of A-lair v. * . United States , seemingly :
: of far reaching import and of very :
a serious probable consequences , has :
3 modified the previously entertained :
j views on the powers of the congress :
z in the premises to such a degree as to :
: Z make necessary careful consideration :
1 of the opinions therein filed before it :
; is possible derinitely to decide in what :
2 way to call the matter to vour att n- :
: lion. :
Control of Railroads.
J ony should there he action on cer-
'vdn laws affecting wage rumors : there
Khonld al-o be such action on laws better
; fee sei ure control over the great business
coneeris engaged In interstate commerce ,
and especially over the great common
carrirs. . The Interstate Commerce oom-
SilsFJ-in Fhould be empowered to puss
5ipoci ; : ny rate or practice on its own ir.-
ttlative. More-over , It should be providtd
tha : win-never the commission has reason
lo twli' - > 'e that a proposed advance in a
jrate ought not to be made without in-
ycstigauon. It should have authority to
[ esie an order prohibiting the advance
n examination by the commission.
1 :
S The Ir.terataJo Commerce commis- ;
S aion.7 > ttutl be provided with the :
j mjr. : rn make a { ihy.-ica ! valuation :
2 of i-t.y r > ad as to which it deems this :
3 va.lC'ii m necessary. :
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
In rr.n i form the federal government
jrhouWx < rcise supervision over the ?
QnarK-L- ; operations of our interstate rail-
7oaeJ.In no other v.ay can justice be
fione not ween the private owrers of those
Jjp rtip"rt es and the public which pay their
CliJ > * Kexs. " ' .Vheii or > ce an inflate-d ea.oitai-
Ization has gone ujx > n the mai'ket and
feuu > become lixcd Jn value. Its existence
Snust be recognized. As a practical mat-
Cer it Is then often absolutely necessary
Ca take account of the thousands of In-
nor-ent stockholders who have purchase
their sto--k in good faith. The usual re
* uit of Kueh inflation is therefore to im
pose upon the public \mnecessary bu
evei lasting tax , while the innocent put
chasers of the stork ure also harme-d an
only a few speculators are benefited. Sue
wrongs when once accompli.-hed cun wit
diflieulfy lie undone ; but they can be prc
vented with safety and with justic <
U'hen combinations of intestate railway
must obtain government sanction ; v.-he.
it is no longer possible for an interstat
t-iilway to issue stock or bonds , save i
the manner approved by the federal gov
eminent ; when that government jnake
sure thai the proceeds of every stock an
bond issue go into tin ; improvement o
the proper Jy and not the enrichment o
some individual or syndicate : wher
whenever it becomes material for guid
ance in the regulative action of the gov
ernment , the physical value of one o
thee properties is determined and inad
known there will be eliminated fror
lailroad securities that element of un
certainty which lends to them their spec
ulative Duality and which has contribute
much to the financial stress of the recen
past.
T think that the federal governmen
must also assume a certain measure o
control over the physical operation o
railways in the handling of interstat' '
traffic. The commission now has author
ity to establish through routes and join
rates. In order to make this provisioi
< ffeetive and in order to promote in time :
of necessity the proper movement of traf
fie , I think it must also have authority t <
determine the conditions upon which car :
shall be interchanged between differen
interstate railways. Jt is also probabh
that the commission sh'ould have author
ity , in particular instunce-s , to detennin <
the schedule upon which perishable com
mc.lities shall be moved.
In reference to th - Sherman anti-trus
law , I repeat the recommendations mad <
In my message at the opening of tin
present congress , as well as in my mes
. * age to the previous consress. The attempt -
tempt Mi this law to provide in sweeping
terms against all combinations of what
ever character , if technically in restrain
of tra-1" as such restraint has been de
fired by the courts , must necessarily b (
e-ither futile or mischievous , and some
times both. The present law makes om (
combinations illegal , although they ir.ii >
be useful to the country. On the othei
hand , as to some huge combinations whicl
are both noxious and illegal , even if th <
action undertaken against them under th (
Inw by the government is successful , the
result may be to work but a minimuir
benefit to the public. Kven though th'
combination be broken up and a smal
measure of reform thereby produced. th <
real good aimed at can not be obtained
for such real good can come only by ? .
Ihorourh ard continuing supervision ovei
the acts of the combination in all its
parts , so as to prevent stock watering
improper forms of competition , and. ir
short , wrong doing generally. The law
should correct that portion of the Sher
man act which prohibits -ill combinations
nf the character above described , whethei
they be reasonable or unreasonable ; bui
thi.- * she uld be done only as part of a gen
eral scheme to provide for this effective
xrl thorough going supervision by the
tistionnl government of all the operation ;
of the big interstate business concerns.
Campaign Against Privileges.
Supf-rlkiaUy it may seem that the laws ,
lhpu sRe of which 1 herein again ad
vocate for I have repeatedly advocated
tht-ra before are not connected. But in
reality they are connected. Each ami
very one of these laws , if enacted , would
ivprt'sent part e > f the campaign against
privilege , part cf the campaign to make
the class of great property holders
realize that property has . no
: es5 than its rights. When the court ?
guarantee to th > employer , as they should ,
; he rights of the emp'.over , anel to prop-
Tty the rights of property , they should
no less emphatically make it evident that
rhey will exact from property and from
the employer the duties which shouM
uepf.---ariy accompany these rights ; an-1
iithe-rto our laws have failed in precisely
[ his point of enforcing the performance
3f duty by the man cf property towaiJ
Ihe man who works for him , by the nan
> f gr at wealth , especially if he uses that
wealth in corporate form , toward the in-
i-eastor , the wageworker and the ge-netul
jubhc. The permanent failure of the man
> f property to fulfill his obligations would
atiir.-.ite ly assure the wresting from him of
: he privilege's wlveh he is entitled to enjoy
) iily ii' lie recognises the obligations ac-
-omranylr.g tlitm. Those who assume or
diare the responsibility for this failure are
entering , but a poor service to the cause
.vhich they believe they champion.
I do not know whether it is possible ,
mt if possible , it Is certainly desirable ,
.hat in connection with measures to re-
nrain stock watering ana overeapitaliza-
ion th ie should bu measures taken to
ire-vent Pt least the grosser forms of gam-
ri..vj in securities and commodities , pucli
us making large sales of what men do
lot possess and "cornering" the market.
Legitimate purchases of commodities ajid
) f stoclcs and securities for investment
lave no connection whatever with ptir-
> hases of stocks or other securities or
'ummodities on a margin for speculative
ind gambling purposes. There is no moral
lifference between gambling at cards or
n lotteries or on the rac-.j track and gam-
ding in the stock market. One method
s just 'as pernicious to the body politic
is the other in kind , and in degree the
; vil worked is far greater. But it is a
'ar more difficult subject with which to
lea. ! . The great bulk of the business
ransacted on the exchanges is not only
t-gitirnate , but is necessaiy to the work-
ng of our modern industrial system , and
> xtreme care would have to be taken
lot to interfere with this business in doing
iwrvy with the "bucket shop" type of oper-
ition. It would seem that the federal
government could at least act by for-
jidding the u- : of the mails , telegraph
uid telephone wires for mere gambling in
= toe-ks and futures , just as it does in
otu-ry transactions.
Letters Shew Trus Methods.
I inclose herewith a statement issued by
he chief of the bureau of corporations
n an.-wer to certain statements ( which I
iLso Inclose- ) made by and on behalf of
; he agents of the Standard Oil corporation
ind a letter of the attorney general con
taining an answer to certain statements ,
ilso inclose-1 , made by the president of
: he Santa Fe Railway company. The
Standard Oil corporation and the
ailway company have both been
; ound guilty by the courts of criminal
nisconduct ; both have been sentenced to
iuy htuvy fines : and each has issued and
jubl'.sshcd broadcast thcxse statements , as
serting their innocence and denouncing as
mproper the action of the courts and
juries in convicting them of guilt. These
statements are very elaborate , are very
ngcnious , and are untruthful in important
> artculars. The following letter and in-
L-losure from air. lleney sufficiently illus-
.rate the. methods of the high officials
) f the Santa Fe and show'the utter fal
sity of their plea of ignorance , the similar
iiea of the Standard Oil being- equally
ttUhout foundation :
'Department of Justice , Office of the
LTniU-d States Attorney , District of Oro-
; e n , .Portland. Jan. 11. IHUS. The Presi-
jenC , Washington. D. C. Dear Mr. Presi
dent : 1 understand that Mr. Ripley. of
.he Atchison. Topeka < t Santa Fe railway
system , has commented with some severity
ipon your attitude toward the payment
) f rebates by certain transcontinental
ailrodds anel that he has declared that
le personally never knew anything about
my rebates being granted by his road.
1 * * I inclose you hrewith copy of
L letter from Kdward Chambers , general
'rcight traffic manager of the Atchison ,
I'opeka Santa Fe railway system , to
vlr. ( J. A. Davidson , auditor of the same
oinpany , dated February . 1907. * * *
This letter does not deal with interstate
hipments. but the constitution of the state
> f California makes the jjayment of re-
jates by lailro.uls a felony , and Mr. Rp-
ey has apparently not been above the
orrmisson ! of _ crime to secure busine.-s.
i'jl are at lil erty to use this inclosure
n any way that you think it can be of
ervice to yourself or the public. * * *
sincerely , yours ,
"Francis J. lleney. "
"San Francisco , February 27 , iH)7 Dear
3ir : I hand you herewith a file of papers
overing the movement of fuel oil shipped
> y the /s.si-eiciited Oil company over our
ine fron January 1 , 1KT ! , up to anel in-
? ludina : November 15 , ii ; % .
"V.'e agreed with the Associated nil
ompatiy's Negotiations with Mr. Kipiey.
Ur. Weils , and myself , that in considt-ra-
ion of their making us a special price
> n oil for company isc , which is cov-
rel by a contract , and the fur their con
sideration that wo would take a certain
luantitv. they would in turn ship from
3akersfield over our Hue to San Fran-
Hsco bay points a certain-minimum mnn-
jer of bancle of fuel oil at rate of 25 cents
per barrel from Bakersfield , exclusive i
the switching charge.
"These statements cover the movemei
except that they have included Stockto :
which is not correct , as it is not a ha
point and could not be reached as coi
veniently by water. We have paid the :
on account of this movement $7,239 whic
should be deducted from the total <
movement shown in the attached paper
"I wish you would arrange to make v
a statement , check the same , and refun
to the Associated Oil company down 1
the basis of 25 cents per barrel froi
Uakersfield where they are the shipper
regardless of who is consignee , as all the
fuel oil is sold delivered. Yours truly ,
"Edward Chambers.
"Shipments-Associated Oil Company ,
"Mr. G. A. Davidson , Auditor ,
"L.os Angeles. "
Reply to Attacks.
The attacks by these great eorporatior
on the administration's actions have bee
given a wide circulation throughout tl :
country , in the newspapers and otherwisi
by those writers and speakers who , cor
sc-iouslv or unconsciously , act as the rei
re-sentatives of predatory wealth of th
wealth accumulated on a giant scale b
all forms of iniquity , ranging from tli
oppression of wageworkers to unfair an
unwholesome methods of crushing 01 :
competition , and to defrauding the pul
lie by stock jobbing and the manipulatio
of securities. Certain wealthy men e
this stamp , whose conduct should be al :
horrent to every man of ordinarily elecen
conscience , and who commit the hideou
wrong of teaching our young men thsi
phenomenal business success must o :
dinarily be based on dishonesty , hav
during the last few months made it ar
parent that they have banded togethe
to work for a reaction. Their endeavo
is to overthrow anel discredit all who lion
estly administer the law , to prevent an
additional legislation which would choc
and restrain them , and to secure if po ?
sible a freedom from all restraint whie
will permit every unscrupulous wrongdoe
to do what he wishes unchecked provide
lie has enough money. The only way' t
counteract the movement in which' tiies
men are engaged is to make clear to th
public just what they have done in th
past and just what they are seeking t
accomplish in the present.
The administration and those who sup
port its views are not only not engagci
in an assault on property , but are stren
uous upholders of the rights of property
Under no circumstances would we couii
tenance attacks upon lawabiding prop
erty , or do aught but condemn tho.-e win
hold up rich men as being evil men be
cause of their riches. On the contrary
our whole effort -is to insist upon con
duct , and neither wealth nor property no
nny other class distinction , as being tin
proper standard 1 > 3' which to judge tin
actions of men. For the honest man o
great wealth AVC have a hearty regard
just as we have a hearty regard for tin
honest politician and honest newspaper
Iut part of the movement to uphold hon
h-sty must be a movement to frown 01
Jishonesty.
: We attack only the corrupt men of :
: wealth , who find in the purchased :
: politician the most criicient instru- :
: me > nt of corruption and in the purchased - :
: chased newspaper the most efficient :
: defender of corruption. Our main :
: quarrel is not with these agents and :
: representatives of the interests. :
: They derive their chief power from :
: the great sinister offenders who :
: stand behind them. They are but :
: puppets who move as tlie strings ! :
: are pulled. ;
: It is not the puppets , but the :
: strong cunning men and the mighty :
: forces working for evil behind and :
: through the puppets , with whom AVC :
: have to deal. ;
We seek to control law-defying.wealth
in the first place to prevent its doing dir <
% vil to the republic , and in the next place
to avoid the vindictive and dreadful rad
icalism which , if left uncontrolled , i : i <
: -ertain in the entl to arouse. Sweeping
macks upon all property , upon all inei
jf means , without regard to whether thej
lo well or ill , would sound the death
tm-11 of the republic ; and such attack !
K-eome inevitable if decent citizens per
mit those rich men whose lives are cor
: 'upt and evil to domineer in swollei
riride , unchecked and unhindered , ovei
.he destinies of this country. We act ii
10 vindictive spirit , and we are no re
specters of persons. If a labor union doe
ivrong , we oppose it as firmly as we op
> o.se a corporation which does v/rons ; ne
, ve stand equally stoutly for the "rights
jf the man of wealth and for tiie rights
jf the wageworker. We seek to proteci
.he property of every man who acts hon-
? stly. of every corporation that represents
.vealth honestly accumulated and honesty -
y used. We seek to stop wrongdoing
in l we desire to punish the wrongdoer ;
mly so far as is necessarv to achieve thh
-nd.
One Lav/ for All.
There arc ample material rewards foi
hose who serve with fidelity the niammoi
> f unrighteousness ; but they arc dearlj
> aid for by the people who permit then
epresentatives , whether in public life , ir
.he press , or in the colleges where theli
oung men are taught , to preach and tc
ractice that there is one law for the
ich and another for the poor. The
irnount of money the representatives ol
: ertain great moneyed interests are wili
ng to spend e-an be gauged by their re-
ent publie-ation broadcast throughout the
> apers of this country , from the Atlantic
o the Pacific , of huge advertisements at-
acking with envenomed bitter the admin-
-tratian's policy of warring against suc
cessful dishonesty , and by their circula-
ion of pamphlets and books prepare * ]
vitli the same object ; while they likewise
> ush the circulation of the writings and
speeches of men who , whether because
; hey are misled , or because , seeing Uic
ight , they yet are willing to sin againsl
he light , serve these their masters of
; reat wealth to the cost of the plain peo-
> lc. The books and pamphlets , the
-oiitrolled newspapers , the speeches
jy public or private men tc
vhich 1 refer , are usually and especially
n the Interest of the Standard Oil trust
ind of certain notorious railroad combina-
ions , but they also defend other indi-
iduals and corporation of great wealth
hat have been guilty of wrongdoing. II
s only rarely that the men responsible
or the wrongdoing themselves speak 01
vrite. Normally they hire others to dc
heir bidding , or find others who will dc
t without hire. From the railroad rate
aw to the pure food law , every measure
or honevty in business that has been
hissed during the last six years has been
> pposcd by these men. on its passage anc
n its administration with every resource
hat bitter and unscrupulous craft could
iiiggest and the command of almost un-
imited money secure.
I'.ut for the last year the attack has been
nade with most bitterness upon the actual
idininistratlon of the law , especially
hrough the department of justice , bu't
ilso through the Interstate Commerce
onimission and the bureau of corpora-
ions. The extraordinary violence of the
issaults upon our policy contained in these
ipceches , editorials , articles , advertise-
nentfi , and pamphlets , and the enormous-
unis of money spent in these various
vays give a fairly accurate measure of
he anger and terror which our public
ictlons have caused the corrupt men ot
ast we-alth to feel in the very marrow
> f their being. The attack is sometimes
nade openly against us for enforcing the
aw , and .sometimes with a certain cun-
ling , for not trying -enforce it in some
ither way than that which experience
hews to be practical. One of the favorite
nethods of the latter class of assailant
s to attack the aelministration for not
irocuring the imprisonment instead of the
ine of offenders under these anti-trust
aws. The man making this assault is
isnally either a prominent lawyer or an
ditor who takes his policy from the finan-
icrs and his arguments from their attor
neys. If the former , lie has defended anel
. - ! \ . --d many wealthy malefactors , and he
inos well that , thanks to the advice of
awyers like himself , a certain kind of
aodern corpora lion has been turned into
.n admirable instrument by which to
e-nder it well nigh impassible to get at
he head of the corporation , at the man
vho Is really most guilty. When we are
.ble to put the real wrongdoer in prison
his is what we strive to do ; this is what
ve have actually clone with some very
k'ealthy criminals , who , moreover , repre-
rnted that most baneful of all alliances ,
lv alliance between the corruption eif or-
ar.izod politics and the corruption of high
ir.ance. This is what we have done in
he Gaynor and Greene case , in the case
f the misapplication of funds in con-
icction with certain great banks in Chi-
ago , in the land fraud cases'where , as
11 otiie'r eoses likewise , neither the high-
si political position nor the possession
RECOMMENDATIONS.
Among' the most important recorr
mendations of the president are the fol
lowing :
The immediate re-enactment of th
employers' liability law.
The passage of an act providing com
pensation from the government for u
persons injured in its service.
Regulation of the use of the injunc
tion in labor matters.
Provide the Interstate Comraerc
commission with the means to make ;
physical valuation of any railroad ate
to which the valuation seems neces
sary.
Deei-ring ; his firm belief that th
financial distress was not brought 01
hy the actions of the administration
but by world wide causes , the presi
dent makes a strong reply to his critic
in which he reiterates his faith that th
government should attempt to scourg
the country of sin. He does not re
treat one iota in his policv heretofor
declared.
As he progresses in the discussion o
the subject he grows more emphatii
and the best passages of his message
are to he found near its close.
of great wealth has availed to save th
offenders from orison.
The federal government does :
scourge sin ; it does bid sinners :
fear ; for it has put behind the :
bars with impartial severity , the :
powerful financier , the powerful :
politician , the ricli land thief , the :
rich contractor all , no matter :
how high their station , against :
whom criminal misdeeds can be :
proved. All their wealth and :
power cannot protect them. :
But it often happens that the effort t <
imprison a given defendant is certain ti
be futile , while it is possible to fine hirr
or to fine the corporation of which he i ;
head ; so that , in other words , the onlj
way of punishing the wrong is by lining
the corporation , unless we are content tc
proceed personally against the n in-.i
agents. The corporation lawyers to vvhon
1 refer and their employers'are the mer
mainly responsible for this state of tilings
and their responsibility is shared with al
who ingeniously oppose the passing of jus :
and effective laws , or who fail to cxecut *
them when they have been put on the
statute books.
"Innocent Stockholders.1'
Ivluch is said , in these attacks ui-on th *
policy of the present administration , abou ;
the rights of "innocent stockholders. "
That stockholder Is not innoe-e-nt whe
voluntarily purchases stock in a corpora
tion whose methods and management lit
knows to be corrupt ; and stockholders fern
bound to try to secure hcne-st manage
ment , or else are estopped from complain
ing about the proceedings the government
finds necessary in order to compel th
corporation to obey the law. Th re lun
been in the past grave wrong done inno
cent stockholders by overcapitalisation ,
stock-watering , stockjobbing.tackma -
nipulation. This we have sought to pre
vent , first , by exposing : he thing done ane
punishing , the offender when any extetinfi
law had been violated : second , by recom
mending the passage of laws which vwu'.ii
make unlawful similar practices for the
future. The public men , lawyer.anel
editors who loudly proclaim their sym
pathy for the "innocent stockholders"
when a great law-defying corporation is
punished , are the first u > protest with
frantic vehemence again.-t all efforts b.v
law to i/ut a stop to the practices whieii
are the real and nltiniate roim-es of the
j damage alike to the stockholders and the
public. The apologists of successful dishonesty -
, honesty always declaim against any ef
fort to punish or prevent it , n the
grounel that any such effor : will "tin ettle
business. " It is they who by their acts
have unsettled business : .ird the very
men raising this cry rpend hundreds ct
thousands of dollars in securing , by
speech , editorial , book , or par.iphlet , the
defense by mis-statements of what they
have done ; anel yet wht-n public servant.- '
correct their niis-aiatements by telling
the truth they eleclaim against them for
breaking silenec. lesc "values be depreci
ated. " They have hurt honest business
meMi , honest workingmt-n. hoiies ; r"a : r-
ers ; and IIOAV they clamor against ihei
truth being told.
The keynote of all these attacks upon
the effort to secure hone-sty in buinesd
and in politics is well expressed in brazen
protests against any effort for the moral
regeneration of the business world , on
the ground that it is unnatural , unwar
ranted , and injurious , and that business
panic is the nece-ssary penalty for such
effort to secure business honesty. The
morality' of such a plea is precisely as
gre-at as if made on behalf of the men
caught in a gambling establishment when
that gambling establishment is raided by
the police. If such words mean anything
they mean that those whose sentiments
they represent stand against the effort to
bring about a moral regeneration of busi
ness which will prevent a repetition of
the insurance , banking , anel street rail
road scandals in New York : a repetition
of the Chicago and Alton deal ; a repe
tition of the combination between certain
professinal politicians , certain profes-
| sinal labor leaders , and certain big linan-
j ciers , from the disgrace of which San
Francisco has just been rescued ; a repe
tition of the successful effort by the
Standard Oil people to crush out every
competitor , to overawe the common car
riers , and to establish a monopoly which
treats the public with contempt which the
public deserves so long ns it permits men
of such principles and such sentiments to
avow and act on them with impunity.
: The outcry' against stopping dishonest - :
: honest practices among wrongdoers :
: who happen to be wealthy is precisely - :
: ly similar to the outcry raised :
: against every effort for cleanliness :
: and decency in city government , because - :
: cause , forsooth , it will "hurt
: ness.
The same outcry is made against the
department of justice for prosecuting the
heads of colossal corporations that has
been made against the men who in San
Francisco have prosecuted with impartial
severity the wrongdoers among business
men , public officials , and labor leaders
j alike. The principle is the same in the-
I two cases. Just as the blackmailer and
! bribe giver stand on the same evil emi-
i ncnce of infamy , so the man who makes
I an enormous fortune by corrupting leg
islatures and municipalities and lleecing
his stockholders and the public , stands on
the same moral level with the creature
who fattens on the blooel money of the
gambling house and the saloon. IMore--
over , in the last analysis , both kinds of
corruption are far more intimately con
nected than would at first sight appear ;
the wrongdoing is at bottom the same.
Corrupt business and corrupt polities act
and react with ever increasing debase
ment , one on the other ; the corrupt head
of a corporat'wn and the corrupt labor
leader are both in the same degree the en
emies of honest corporatiosn and honei-t
labor unions : the rebate taker , the fian-
chise trafficker , the manipulator of se
curities , the purveyor and protector uf
I vice , the blackmailing ward boss , the bal-
! lot-box stuffer , the demagogue , the mob
I leader , the hired , bully , and mankiller
I all alike work at the same web of ev > r-
j ruption , and all alike should be abhorred
i by honest men.
Hurts Right Business.
The "business" which is hurt by the
movement for honesty is the kind of bus
iness which , in the long run , it pays the
country to have hurt. It is the kind of
business which has tended to make the
! very name "high finance" a term of scandal -
; dal to which all honest American men of
! business should jom in putting an end.
, The special pleaders for busine-ss di.-hcn-
! esty , in denouncing the present admin
istration for enforcing the law against
the huge and corrupt corporations which
defied the law , also denounce it for en-
j dcavoring to secure sadly neede-l labor
I legislation. such as a far-reaching
' law making employers liable for in-
I juries to their employees. It is mtct
and fit that the apologists for corrupt
wealth should oppose every effort to re
lieve weak and helpless people from
crushing misfortune brought upon them
by injury in the business from which they
gain a bare livelihood. The burden should
be distributed. It is hypocritical baseness :
to speak of a girl who works in a fac
tory where the dangerous machinery i
unprotected as having the "right" ftecl
to contract to expose he-rself to dangt i
to life and limb. She has no alternativ
but to suffer want or else to expose he-i
self to such dangers , and when she lose
a hand or is otherwise maimed or uisfij ;
tired for life , it is a moral wrong tha
the whole burden of the risk n cessarll
Incidental to the business should be place
wih crushing weight upon her wea
shoulder ? , and all who proht by her vvor
escape scot-free. This is what oppon/nt
of a just employers' liability law advt
eate ; and it is consistent that they shoul
usually also advocate immunity for tho-- ;
most dangerous members of the crlmiiiL
CR S the criminals of great wealth.
Our oppc-.nnts have recently bee-n hi )
terly criticising the two judges refcrre
to in the accompanying communication
from the Standard Oil company and th
Santa Fe railroad for having impose
heavy fines on these two corporations
and yet these same critics of these tv/
judges exhaust themselves in denouncin
the most respectful and cautious discus
t-ion of the official action of a judge whic
results in immunity to wealthy and fto
erful wrongdoers. Most certainly it be
hooves us all te > treat with ; he utmos
respect the high office of judge : and ou
judge * , as a whe > ie , are brave and up
right men. Respect for the law must g
hand in hand with respect for the judge.-1
and , as a whole , it is true now as in th
past that the judged stand in charade
and service above all other men anaon ;
their fellow servants of the public. Ther
is all the greater need that the few win
fail in this great office , who fali helot
this high standard of integrity , of wi.s
dom. of sympathetic unelersranding and e ,
ourage. should have their eyes oyene <
to the aee-ds of their countrvmen.
: A judge who on the bench either :
: truckles to the mob and shrinks fron :
: sternly repressing violence and disorder - :
: order , or bows elown before a corpcr- :
: ation : who falls to stand up valiantly :
: for the rights e > f property on rhc- one :
: hand , or on the other by mi-suse cf :
: the process of inluuctl n or by his :
: attitude toward all ire-nsures for the :
: bettennwu of : hs conditions > f labor. :
: makes the wageworker feel with bit- :
: icrness * ; h'it the courts are hoFtiic to :
: him : or who fails to realize That all :
: publi < s se-rvants in the-ir several stn- :
: tions must strive to stop the abuses :
: of UK- criminal rich such a man performs - :
: forms an even worse service to the :
: body politic than the legislator e r :
: executive who goes wrong. :
Spirit Is Ethical.
The opponents of the measures wi
champion single out now one and rev
another measure for esp.-cial attack , ani
t > l > * ak as if the movement in whir-h w
are engaged was purely economic , ll ha'
a large ecetnomic side. L'.H it is funda
mentally an ethical movement. It is TIO ;
a movement to be completed in one year
nr two or three years : it is a movem-
which must be per-evered in until th
stnrit which lies behind it sinks deep inf
the- heart anel the conscience of the whol
people. 1 1 is always important t <
choose the iit-hf mean * tohrev (
Liur purpose , but it Is even more importan ;
to keep this purpose clearly be-fore us
ind this purpose i s to secure natienn
honesty in bus'ness and politics. We dc
not subscribe to thf cyr.ica ! be'ief thai
dishonesty and unfair dealing are essen
tial to business success , anel are to 1. '
ror.-Jonetl when the success is moderate
ind applauded when the success is
: The metho-ls by which the :
: Standard Oil penpli" and those -n- :
: gaged In the other combinations :
: of which 1 have spoken above :
: have achieved great furtunes r .n :
: enly be justified by the advocacy :
: of a syste-m of morality which :
: would also justify every form of :
: criminality on the part of a labor :
: union , and fevc-ry form of vio- :
: U-nce , corruption , and fraud , from :
: murder to bribery and ballot box :
: stuffing m poiitlcs. :
We are trying to secure equality cf op
portunity for all : and the struggle foi
iionesty Is the .same whether it is made
> n behalf of one'set of men or of another.
Fn the in * rest of the small settlers and
andown-Ts. and a.sra'.nst the embiUere < 1
ippo.Mtion of wealthy owners of huge wan-
lering flocks of s4ieep , or of corpora ! t-ins
lesiring to rob the- people of coal and
Limber , we strive to put an end to the
theft of public land in the West. Y\"hen
sve ( In this , and protest afytinst tb- * action
if all men. whether in public life or ir
irivate life , who either take part in 01
eft' . - < > to try ; - * = ton such theft.ve arf
reilly ergat..trd in the- same policy as when
; ve endeavor to put a ston to r * > bat 's ere
; o : ; revi-nt the upgrowth of un < on trolled
Ticncpolies. Our effort is simply to en-
'orce the principles of comtRo-n honesty
ind cemmor. SMTC.Tt would Ir.de-d bf
11 for the country should there be any
lalt In our work.
Must Have Justice. i
The laws must in the future be admin-
stereel .is they are now being adrnirtis-
: ered , so that the department of justice
nay continue to b - , what it now is , in
; ery fact the department of justice , where
so far as our ability permits justice is
neteel out with an even hand to great
ind small , rich and poor , weak and strong.
Moreover , there should be no delay in
aipulem * ntlng the laws now on the statute
jcioks by the enactment of further Segis-
atlon as outlined in the message I sent
o the congress on assembling , t'ntier
he existing laws much , very much , has
> e--n actually accomplished during the
> ast six years , and it has been shown by
.e-tual exper.ence that thy c in b enforc-e-.l
igainst the wealthiest corporation and the
it-hcst and most powerful manager or
nanipulator of that corporation , as rig r-
msly and fearlessly as against the huni-
; ! tst oft'endt r. Above all , they have been
nforced against the very wrongdoers and
igents of wrongvlners who have for to
nany years g ; ie t-e-ot free and flouted the
aws Avith ii.ipunity , against great law-
lefying corporations of immense wealth ,
vhich , unt.I within the last half tlozcn
.eais , haw treated themselves and have
xpee-ted others to treat them as being
> eyond and above all possible check Irom
aw.
It -specially necessary to secure to
he representatives of the national gov-
; rnment full power to deal with the gre-at
corporations engaged in interstate com-
nt-rce , and above all. with the great inu-r-
tate common carriers. Our people should
learly recognise that while there are dif-
iculties in any course of conduct to be
allowed in dealing with these great cor-
jorations , these dilficulties must be laced.
ind one cf three courses followed.
. - abandon all effort
The iir.--i course is to
o oversee and control the-ir actions in
he interest of the general public and to
sennit a return to the utter lack of e-on-
rol which wx.uld obtain if they were left
o the common law. I do not for one
nonient believe that our people would
olcrate this position. The extraordinary
rrowth of modern industrialism has rt-ri-
lered the common law , which grew up
mder am1 was adopted to deal with totally
lifien nt conditions , in many respects in-
idequatt to deal with the new conditions.
fhese new conditions made it necessary
0 shackleeunning as in the past we
iave shackled force. The vast Individual
tnd corporate fortunes , the vest cornb-na-
1 ms of capital , which have marked the
it" , elopment of our industrial system ,
reat nevv conditions , anel necessitate a
ihauge fron the old attitude of the state
iiid ihe nation toward the rules regulat
ing the acquisition and untrammeled bus"-
less use of property , in order both that
: rojerty : may bo adequately protected.
ind that at the same time these who
lold it may be prevented from \vrong-
loing.
The 'second and third courses are to
tave the regulation undertaken either by-
lie nation or by the states. Of course
n ar.y event both the national governme n
ind the several state governments must
lo each its rart. and each cen do a certain
imount that the oihe-r cannot do , while
he only really satisfactory results must
obtained by representatives of the
sational and state governments working
leartiiy together within iheir resi .cti * . e
: L'ut in my judgment thoroughgoing
: and sati- factory control can in the-
: end only be ootair-ed by the action
; e-t * tintior.a : ! g > . \ \mi--nt , for almost -
: most all the ee > r ; > ijyaiions ofnorm -
: ous wealth thai is , the corporations
: which it is e.-pr-cially desirable to
: < vnuo ! an.- engaged in inter.-tate
: : - - > mmerev , anrl derive the-ir power
: and their importance not from that
i portion of their business which is in-
j srastate , but- from the interstate
It Is not easy always to decide Just
where the line of demarcation between
the two kinds of business falls. Thla
line must ultimately be drawn by
the federal courts. Much of the effort
to secure adequate control of the great
corporations by state action has been
wise and effective , but much of It has
been neither ; for when the effort is made
to accomplish by the action of the siato
what can only be accomplished by the
action of the nation , the result can only
l > e disappointment , and in the end the
law will probably be declared unconsti
tutional. So like-wise in the national
arena , we who believe In the measures
herein advocated are hampered an-1 not
aided by the. extremists who advocate
action so violent that it would either bo
useless or else would cause more misch.ct
than it would remedy.
It can not too strongly be Insisted that
the defenders and apologists of the gn-.it
corporations , who have sought In the
past and still seek to prevent adequate
action by the federal government to con
trol these great corporations , are not
only proving false to the people , but are
laying up a day of wrath for the great
corporations themselves. Tne nation will
not tolerate an utn-r lack of control over
very wealthy men of enormous j > ewer In
the industrial , and threfore in th - so
cial , lives of all our people , some of
whom have shown themselves cynically
and brutajly Indifferent to the interests
of the people : and if the congress does
not net , with g < > od tempered and sensiulo
but resolute thoroughness. In cutting out
the evils and in providing an effective su
pervision , the result is certain to be ac
tion on the part of the separate states
some-times wise , sometimes ill-judged and
extreme , sometimes unjust and damaging-
to the railroads or other cori rati ins.
more often ineffective from every stand
point , because the federal courts"declara
it unconstitutional.
The Panic.
We have just passed through two
months of acute financial stress. At any
such time it is a ? ad fae-t that entirely
innocent people suffer from no fault of
their own : and everyone must feel the
keenest sympathy for the large body o
honest business men. of honest insors. .
of honest vvageworke-rs , who suffer be
cause involved in a crash for which they
are in no way responsible. At such a
time there is a natural tendency on the
part of many men to fte-I gloomy and
frightened at the outlook : but there lane
no justification for this fee-lirg. There
Is no nation so absolutely sure of ulti
mate success as ours. Of course wehaII
succeed , ours is a nation of matt rly
energy , with a continent for its domain ,
and it feeis within tts veins the thrill
which comes to those who know that
they possess ihe future. We ; ire not cast
down by the fear of failure. We are m > -
held bv the conl'.dent hope of ultimata
triumph. The wrongsthar exist ar < - to
be corrected ; but rhey in no way justify
doubt as tt the final outcome , doubt as
to the prvat material prosperity of fho
future , or of the lofty spiritual life which ,
is to be built upon thru prosperity as a
foundation. No misdeeds' done in the *
prrse.it must Iv permitted to shroud from
ot r ey. j ; hcMorions QHUIV of tlu- nation :
but bee t'jse of rhss very fa'-t it behooves
us never .o swerv.- from our resolute pur-
nc.sto cut out v-rogdolng and uphold
what is right.
: I elo not for a mordent believe that :
: the actionof this nr'nr-iistration :
: have brought on business dlstnss ; so :
: far as rhis is f.ue to local and not :
: world-wide causes and to the actions - :
: tions of any particular indh iduaK :
: it is due to th ) speculative foliy and :
: fiavant dfshom-sty of a few men of :
: frtt : wealth , who s < -i ; to shield :
: themselves from the effects of their :
: own wrongdoing by ---ribing its :
: results to the action.of those who :
: have sousht to put a stop to the -
: wrongdo'njr. :
: Hut if it wf-re tn : that fo cut out
: rott--r > 'iess fro-n the body poliri'- :
: metnt a momentary che---i ; to an unhealthy - :
: healthy seeming prosperity. I should :
: rot for one moaic-nt hes-'fi-tu to put :
: the knife to the corruption. :
On behalf of all our peer > ! e. on fc"hilf :
no I"FS of the honest man of nv ans th tn
r > f the honest man who earns each da - ' .s
livelihood by that day's sweat of his
brow , it is necessary to insist upon
honesty in busir.e-s and politics alike , in
ill walks of life , in bis ? things and in lit
tle things ; upon .hm and fair dealinis
b twe-en man and rmn. Those who ! -
mand trvs are striving for the right in
thf spirit of Abraham I-im-oIn when iio
said :
"Fondiv elo wr > - hop- , fervently do'v >
pray , that this might v seo'irge ir.-iv
'
speedily yass away. Yet.'i * Cod wi'ls .bit
it cintimi" until all the wealth iie- : ! } > y
the bondsmen's two humred and lify ;
V-car. : of unre/juitei ! toil shall be sunk.
nd rr.til e vr-ry dro ; > of blood drawn with
: he hsh shall be paid by another drawn
with the sword , as was said three thoi > s-
> nd years aero , so still it must he said
The judgments of the Lord arc true aad
I'ijihttous altogether. '
"With malice toward none : with charlfv
for all : with firmn s ? in the right.s
led gives us to pe the right , let tl = j
strive on to finish the work we are in. "
In the work we of-this generation are in
; here is. thanks be to the AJmightv. no
langer of bloodshed and no use for thft
nvord ; but there is grave nee-d of tlioso
= tern qualities shown alike by the men
) f the north and the men of the outh in
: he ririrk days when e-ach valiantly l.if-
: ! ed for the light as it was giv r a--h
: o s.eo the light. Their spirit should bo
> ur spirit , as we strive to bring nearer
he day when grec-d and trickery and -m- :
iing shall be trampled under feet by tho-o
ivho tight for righteousness that x-
ilteth a nation.
fheodore Tlooseve-lt.
Atchison Globe Sights.
If a woman's shoes don't hurt h"r
: -orns , she claims they are a siae t > o
The living too often impoverish them
selves to erect monuments ovei- the
lead.
Nothing will make a reel headed worn-
m more Jtngry than to be asked if
; .he is re.idy.
After .a sick man recovers , and is
igain able to eat , the first thing he
.vants is sausage.
As a rule a boy doesn't care for a
ocking chair unless his sister happens
: o be oe-cupying one.
What has become of that article for
merly found in every kitchen , a bn.3-
iet for holding chips. *
Whenever a railroad man builds a
louse people expect to hear of his be-
ug transl erred to another town.
Those persons who have a "piece"
hey want printed in the papers should
isiva care : a citizen who has been
iuite persistent in this respect of late ,
.vas lately declared insane.
A thousand years after you are elead
Jiere will he the strne old things to
ivo.-ry about ; too mueh rain , or not
mough : financial flurries- , intemperance
n eating ai-dT drinking , unfaithful
Tic-nds. ete. It" you are able to over-
oine worries over the ordinary things
it life , it is a sign that you have ao-
: uire.l a litle sense. If you "go to
3iecf-s" over nothing , it ir a sign you.
mve leanier ! nothing.
They Said It Was Awful.
Novelist DM vou ever write a trag
edy ?
Poet I thought it was at first , but
from what the managers said I con
cluded it wns a farce.
Xo matter how much a man's funeral
costs , it save him a lot of money
orwards.
