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About The Columbus journal. (Columbus, Neb.) 1874-1911 | View Entire Issue (Feb. 5, 1908)
i-t- .! & "r - i m .- Ifr PRESIDED URGES T MEW LEG1SLATHJH IN HOT MESSAGE BIG CORPORATIONS SCORED BE CAUSE OF ATTITUDE TO- WARD GOVERNMENT. i BVLOYnsr. liaboitt law Chief Executive Declares Act Needs Immediate Revision Righting sf Injunction Abuses Is Urged. To the Senate and House of Reoresen tatives: The recent decision of the su-. preme court in regard to the employers liability act. the experience of the Inter state Commerce Commission and of tiie department of Justice in enforcing the In terstate commerce and antitrust laws, and the gravely significant attitude toward the law and its administration recently adopted by certain heads of treat corporations, render it desirable that there should be additional legisla tion as regards certain of the relations between labor and capital, and between the great corporations and the public. The supreme court lias decided the em ployers' liability law to be unconstitu tional because its terms apply to em ployes engaged wholly in intrastate com merce as well as to employes engaged in Interstate commerce. By a substantial majority the court holds that the con gress has power to deal with the ques tion in so far ,as interstate commerce is concerned. As regards the employers liability law. I advocate its immediate reenactment, limiting its scope so that it shall apply only to the class of cases as to which the court says it can constitutionally apply. but strengthening its provisions within this scone. Interstate employment being thus covered by an adequate national law. the field of Intrastate employment will be left to the action of the several states. With this clear definition of responsibility the states will undoubtedly give to the performance of their duty within their field the consideration the Importance of thesubject demands. Compensation for Employes Hurt in Government Service. I alo very urgently advise that a com prehensive act be passed providing for compensation by the government to all employes injured In the government ser vice. Under the present law an injured workman in the employment of the gov ernment" has no remedy, and the entire burden of the accident falls on the help less man. his wife, and his young chil dren. This is an outrage. It is a matter of humiliation to the nation that there should net be on our statute books a pro vision to meet and partially to atone for cruel misfortune when it comes upon a man through no fault of his own while faithfully- serving the public In no oth er prominent industrial country In the world could such gross injustice occur; for almost all civilized nations have en acted legislation embodying the complete recognitJoa of the principle which places the entire trade risk for industrial acci dents (excluding, of 'course, accidents due to willful misconduct by the em ploye), on the industry as represented' ly the employer, which in this case is the government. In all these countries the principle applies to the government Just as much as to the private employer. Under no circumstances should the in jured employe or his surviving depend ents be required to bring suit against the government, nor should there be the re quirement that in order to Insure re covery negligence in some form on the jtart of the government should be shown. Our proposition is not to confer a right of action upon the go-ernment employe, but to secure him suitable provision against injuries received in tha course of his employment. The burden of the trade risk should be placed upon the government. Kxactly as the workingman Is entitled to -his wages, so he should be entitled to indemnity for the injuries sus tained in tne natural course or his labor. The rates of compensation and the regu lations for its payment should be speci fied in the law. and the machinery for determining the amount to be paid should In each case be pro'lded in such manner that the employe is properly represented without expense to him. In other words, the compensation should be paid auto matically, while the application of the law in the first instance should be vested In the department of commerce and labor. The law should apply to all laborers, me chanics, and other civilian emploves of the government of the United States. Including those in the service of the Panama canal commission and of the in sular governments. The same broad principle which Should apply to the government should ultimately be made appli cable to all private employers. Where the nation has the power it should enact laws to this effect. Where the states alone have the power they should enact the laws. It Is to 'be observed that an employers liability law does not really mean mulcting employers in dam ages. It merely throws upon the em ployer the burden of accident insurance against Injuries which are sure to occur. It requires him either to bear or to dis tribute through Insurance the loss which can readily be borne when distributed. but which, if undistributed, bears with frightful hardship upon the unfortunate victim of accident. In theory, if wages were always freely and fairly adjusted. they would always Include an allowance s against the risk of injury. Just as certainly as the rate of interest for mon ey Includes an allowance for insurance against the risk of loss. In theory, if employes were all experienced business saen. they would employ that part of their' wages which is received because of the risk of injury to secure accident Insurance. But as a matter of fact, it Is not practical to expect that this will be done by the great body of employes. An employers liability law makes' It certain that it will be done, in effect, by the employer, and It will ultima tely Itnpose no real additional burden upon htm. There Is a special bill to which I call your attention. Secretary Taft lias ur gently recommended the immediate pas sage of a law providing for compensation to employes of the government injured In the work of the Isthmian canal, and that S100.O90 be appropriated for this pur pose each year. I earnestly hope this will be done; and that a special bill be passed covering the case of Yardmaster Banton. who was injured nearly two years ago while doing his duty. He is now Help less to support his wife and his three little boys. in my mind that it has sometimes been used heedlessly and unjustly, and that some of the injunctions Issued Inflict grave and occasionally irreparable wrong i upon those enjoined. .it is an wrong to use ine injunction to prevent the -entirely-proper and legiti mate actions of labor organizations In their struggle ffortadustrlal betterment, or under the "guhwTor protecting property rights unwarrantably to invade the fun damental rights of the individual. It is futile to concede, as we all, do, the right and the necessity of organised- effort on the part .of wage-earners sad yet by. in junctive process to forW peaceable ac tion to accomplish the lawfuTutoJects for which they are organised sad upon which their success depends. The fact that the punishment for the violation of an Injunction must, to make the order effective, necessarily be summary and without the intervention of a Jury makes its issuance in doubtful eases a danger ous practice, and in Itself furnishes a reason why the process should be sur rounded with -safemsrds -to 4tect, in dividuals against bSareaJomed from ex ercfshig their proper rights; Reasonable aetice should be given the adverse party. This matter is daily becoming of graver Importance and I can not too urgently recommend that the congress give care ful consideration to the subject. If some way of remedying the abuses Is not found tne reeung or.uxugaauoa against uirm among large numbers of our citizens will tend to grow so 'extreme as to produce a revolt against the whole use of the process of injunction. The ultra-conservatives who object to cutting out the abuses will do well to remember that If the popular feeling does become strong many of those upon whom they rely to defend them will be the first to turn aminst them. Men of nroDerty can not afford to trust to anything save the spirit of justice and fair play; for those very public men who. while it is to tneir in terest, defend all the abuses committed by capital and pose as the champions of conservatism, will, the moment they think their interest changes, take the lead in just such a matter as this and pander to what they esteem popular feel ing by endeavoring, for Instance, ef fectively to destroy the power of the courts in matters of injunction: and will even seek to render nugatory the power to punish for contempt, upon which pow er the very existence of the orderly ad ministration of justice depends.' It is my purpose as soon as may be to submit some further recommendations in reference to our laws regulating labor conditions within the sphere of federal authority. A very recent decision of the supreme court of the United States ren dered since this message was written, in the case of Adair vs. United States, seemingly of far-reaching import and of very serious probable consequences, has modified the previously entertained views on the powers of the congress in the premises to such a degree as to make necessary careful consideration of the opinions therein filed before it is pos sible defintely to decide in what way to call the matter to your attention. Asks Federal Supervision of Interstate Carriers Not only should there be action on cer tain laws affecting wage-earners: there should also be such action on laws bet ter to secure control over the great busi ness concerns engaged in interstate com merce, and especially over the great com mon carriers. The Interstate Commerce Commission should be empowered to pass upon any rate or practice on Its own initiative. Moreover, it should be provided that whenever the commission lias reason to believe that a proposed ad vance in a rate ought not to be made without investigation, it should have au thority to issue an order prohibiting the advance pending examination by the commission. I would not be understood as expressing an opinion that any or even a majority of these advances are improper. Many of the rates in this country have been abnormally low. The operating expenses of our railroads, notably the wages paid railroad employes, nave greaiiy in creased. These and other causes may in any given case justify an advance In rates, and if so the advance should be permitted and approved. But there may be, and doubtless are. cases where this is not true; and our law should be so framed that the government, as the rep resentative of the whole people, can 'pro tect the Individual against unlawful ex action for the use .of these public high ways. Tne interstate commerce com mission should be provided with the means to make a physical valuation of any .road as to which it deems this valu ation necessary. In some form the fed eral government should exercise super vision over the financial operations of our Interstate railroads. In no other way .can justice lie done between the private owners of those properties and the pub lic which pay their charges. When once an inflated capitalization has gone upon the market and has become fixed in value, its existence must be recognized. As a practical matter it is then often absolutely necessary to take account of the thousands of innocent stockholders who have purchased their stock in good faith. The usual result of such inflation is therefore to impose upon the public an unnecessary but everlasting tax, while the innocent purchasers of the stock are also harmed and only a few speculators are benefited. Such wrongs when once accomplished can with dif ficulty be undone: hut they can be pre vented with safety and with justice. When combinations of interstate railways must obtain government sanction; when it is no longer possible for an interstate railway to issue stock or bonds, save in the manner approved by the federal gov ernment; when that government makes sure that the proceeds of every stock ami uonii issue go into the improvement of the property and not the enrichment of some individual or syndicate: when, whenever it becomes material for guid ance in the regulative action of the gov ernment, the physical value of one of these properties Is determined and made known there will Ik? eliminated from railroad securities that element of un certainty which lends to them their spec ulative quality and which has contributed much to the financial stress of the re cent past. for such real good can come only by a thorough and continuing supervision over the acts of the combination In all its parts, so as to prevent stock watering, improper forms of competition, and, in short, wrongdoing generally. The law should .correct that portion of the Sher man Act which prohibits all combinations of the character .above described, whether they be reasonable or unreasonable; but this should be done only as part of a general scheme to provide for this ef fective and thoroughgoing supervision by the national government of all the oper ations of the big Interstate business con cerns. I do not know 'whether it is possible, but if possible, it is certainly desirable, that in connection with measures to restrain stock watering and overcapital ization there should be meacures taken to prevent at least the grosser forms of gambling in securities and commodities, such as making large sales of what men do not possess and "cornering" the mar ket. Legitimate mirrhisna of commodi ties amfef-stocks and ' securities frr in vestment have no connection whatever with purchases of stocks or other securi ties or commodities' on a margin for speculative and gambling purposes. There is no moral difference between gambling at cards or in lotteries or on the race track and gambling in the stock market. One method Is Just as perni cious to the body politic as the other in kind, and in degree the evil worked is far greater. But it is a far more difficult subject with which to deal. The great bulk of the business transacted on the exchanges is not only legitimate, but Is necessary to the working of our modern industrial system, and extreme care would have to be taken not to interfere with this business In doing away with the "bucket-shop" type of operation. We should study both the successes and the failures of foreign legislators who, not ably in Germany, have worked along this line, so as not to do anything harmful. Moreover, there is a special difficulty in dealing with this matter by the federal government in a federal republic like ours. But if it is possible to devise a way to deal with it the effort should be made, even if only in a cautious and tentative way. It would seem that the federal government could at least act by forbidding the use of the mails, tele graph and telephone wires for mere gambling in stocks and futures, just as it does in lottery transactions. Santa Fe President Had Guilty Knowledge of Rebating I inclose herewith a statement issued by the chief of the bureau of corpora tions (Appendix 1), in answer to certain statements (which I also inclose), made by and on behalf of the agents of the Standard Oil corporation (Appendix 2), and a letter of the attorney-general (Ap pendix 3), containing an answer to cer tain statements, also inclosed, made by the president of the Santa Fe Railway Company (Appendix 4). The Standard Oil corporation and the railway company have both been found guilty by the courts of criminal misconduct: both have been sentenced to pay heavy fines; and each has issued and published broadcast these statements, asserting their Inno cence and denouncing as improper the action of the courts and juries In con victing them of guilt. These statements are very elaborate, are very Ingenious, and are untruthful in important par ticulars. The following letter and in closure from Mr. Heney sufficiently illus trate the method: of the high officials of the Santa. Fe and show the utter falsity of their plea of ignorance, the similar plea of the Standard Oil being equally without foundation: "Department of Justice. Office of the United States Attorney, District of Ore gon. "Portland. January 11. 1908. "The President. Washington. D. C. "Dear Mr. President: I understand that Mr. Ripley, of the Atchison. Topeka Santa Fe Railway system, has comment ed with some severity upon your attitude toward the payment of rebates by certain transcontinental railroads and that he has declared that he personally never knew anything about any rebates being granted by his road. . . . I in close you herewith copy of a letter from Edward Chambers, general freight traffic manager of the Atchison. Topeka a San ta Fe Railway system, to Mr. G. A. Davidson, auditor of the same company. dated February 27, 190$. . . . "This letter does not deal with inter state shipmentsf but the constitution of the state of California makes the pay ment of' rebates by railroads a felony, and Mr. Ripley has apparently not been above -the commission of crime to secure business. You are at liberty to use this inclosure in any way that vou think it can be of service to yourself or the public. "Sincerely vours. "FRANCIS J. HENEY." Action Urged to Right Abuses of the Injunction I again call your attention to the need of some action in connection with the abuse of injunctions in labor cases. As regards the rights and wrongs of labor and capital, from blacklisting to boycot ting, the whole subject is covered in ad mirable fashion by the report of the Anthracite Coal Strike commission, which report should serve as a chart for the gaidance of both legislative and exec utive oncers. As regards injunctions. I can do little but repeat what I have said la my last message to the congress. Even though It were' possible, I should con sider It most unwise to abolish the use af -the process of Injunction. It is neces sary In order that the courts-may, main tain their own dignity and in order that may in etxecuve manner; check ler and violence. The Judge who it cautiously and conservatively, but who. when the need arises, uses it tear lessly. confers the greatest service upon onr wonie. and his oreeminent useful ness ss a public servant should be hearti- J ly recognized. But there is no question Would Permit Pooling. of Railroad Interests In this connection I desire to repeat my recommendation that railways be per mitted to form traffic associations for the purpose of conferring about and agree ing upon rates, regulations, and practices affecting interstate business in which the members of the association are mutually interested. This does not mean that they should be given the right to pool their earnings or their traffic. The law re quires that rates shall be so adjusted as not to discriminate between individuals. iwauucs. or oinereni sneciea or trmmo I Ordinarily, rates by all competing lines must ue we same.- as -appuea to "prac tical conditions, the railway operations' of this country can not be conducted ac cording to law witliout what is equivalent to conference and agreement. The articles under which such associations operate should be approved by the commission; all their operations should be open to public inspection: and the rates, regulations.- and practices upon which they agree should be subject to disapproval by the commission. I urge tiiis last provision with the same earnestness that I do the others. This country provides its railway facilities by privam rapiiui. j. nose lacilllies Will not be adequate unless the capital employed is assured of just treatment and an ade quate return. In fixing the charges of our railroads. I believe that, considering the interests of the public alone, it Is bet ter to allow too liberal rather than too scanty earnings, for. otherwise, there Is grave danger that our railway develop ment may not keep pace with the demand for transportation. But the fundamental idea that these railways are public high ways must be recognized, and they must be open to the whole public upon equal terms and upon-reasonable terms. In reference to the Sherman anti.tnist law. I repeat the recommendations made in my message at the opening of the pres ent congress, as well as in my message to the previous congress. The attempt in this law to provide in sweeping terms against all combinations of whatever character, if technically in restraint of trade as such restraint lias been defined by the courts, must necessarily be either futile or mischievous, and sometimes both. The present law makes some com binations illegal, although they may be usefnl to-the, country. On the other band, as to some huge combinations- which are both noxious and Illegal, even if the ac tion undertaken against them under the law by the government Is successful, the result may be to work but a minimum benefit to the public. Even though the combination be broken up and a small measure of reform thereby produced, the real good aimed at can not be obtained. "San Francisco. February 27, 3907. "Dear Sir: I hand you herewith a file of papers covering the movement of fuel oil shipped by the Associated Oi! Com pany over our line from January 1, 1906. up to and including November IS. 1906. "We agreed with the Associated OH Oo.'s negotiations with Mr. Ripley. Mr. Wells and myself, that in consideration of their making us a special price on oil for company use. wiiich is covered by a contract, and the further consideration that we would take a certain quantity, thev would in turn ship from Bakersfield over our line to San Francisco Bay points a certain minimum number of bar--rels of fuel oil at rate of 25 cents per barrel from Bakersfield, exclusive of the switching charge. "These statements cover the movement except that they have included Stockton, which is not correct, as it is not a bay point and could not he reached as con veniently by water. We have paid them on account of this movement $7,239 which should be deducted from the total of movement shown in the attached papers. "I wish you would arrange to make .up a statement, check the same, and refund to the Associated Oil Company down to the basis of 23 cents per liarrel from Ba kersfield where they are the shippers, re gardless of who is consignee, as ail their fuel oil is sold delivered. The reason for makinc this deal In addition to what I have stated is that the Associated Oil Company have their own boats and carry oil from fields controlled by themselves along the coast near San Luis Obispo to san franctsco ai a mucn lower cost man the special rate we have made them and in competition with the Union Oil Com pany and the Standard Oil Company, it was necessary for them to sell at the San Francisco Bay points on the basis of the cost of water transportation from the coast fields. They figured they could only afford to pay us the 23 cents per barrel if by doing this they sold our company a certain amount of fuel oil. otherwise the business covered by the attached papers would have come In by boat from tne coast neids. "I am writing this .upi completely so that there may be in the papers a history of the reasons why this arrangement was made. I wish you would go ahead and make the adjustment as soon as possible, as the Associated Oil Company are very anxious to have the matter closed up. The arrangement was canceled on No vember inth at a conference between Mr. Ripley, Mr. Wells, Mr. Porter, and my self. "Yours truly. "EDWARD CHAMBERS." "Shipments-Associated Oil Company, "Mr. G. A. Davidson. "Auditor, Los Angeles." The attacks by these great corporations on the administration's actions have been given a wide circulation throughout the country, in the newspapers and other wise, by those writers and speakers who. consciously or unconsciously,, act as the representatives of predatory wealth of the wealth accumulated ona giant scale, by all forms of iniquity, ranging from the oppression of wageworkers to unfair and unwholesome methods of crushing out competition, and to defrauding the ubllc by stock jobbing and the manipu ation or securities. Certain wealthy men of this stamp, whose conduct should be abhorrent to every man of ordinarily de cent conscience, and who commit the hideous wrong of teaching our young men that phenomenal business success must ordinarily be based on dishonesty, have during the last few months made it apparent that they 'have banded to gether to work for a reaction. Their en deavor is to overthrow and discredit all who honestly administer the law, to pre vent any additional legislation which would check and restrain them, and to secure if possible a freedom from all re straint which will permit every unacra pulous wrongdoer to do what he wishes unchecked provided he has enough' mon ey. The only way to counteract the movement in which these men are en gaged is to make clear to the public just what they have done in the past and just what they are seeking to accomplish In the present. The administration and those who sup port its views are not. only not engaged in an assault on property, but are stren uous upholders of the rights of property. Under no circumstances would we countenance attacks upon law-abiding property, or do aught but condemn those who hold up rich men as being, evil men because of 'their riches: On the contrary, our whole effort is to insist Upon con duct, and neither wealth nor property nor any other class distinction, as being the proper standard by which to judge the actions of men. For the honest man of great .wealth we have a hearty regard. Just as we have a hearty regard for the nonesx pouucian and nonest newspaper. But part of .the movement to uphold hon esty must lie a movement to frown on dishonesty. We attack only the corrupt men of wealth, who find in the purchased politician the roost efficient instrument of corruption and in the purchased newspa per the most efficient defender of cor rwDtion. Our main auarrel Is not with these agents and renresentatives of .the nuerssca; xney oernre tneir enter, power from tne great sinister.' offenders who stand oehlad them. They are but pup pets wno move as the strings are puuea. It to not the minuets, but the strone" cun ning men and the mighty forces working ior evu Denind and through the puppets, with whom we have to deal. We seek to control law-defying wealth; in the first place to prevent its doing dire evil to the republic, and in the next place to avoid the vindictive and dreadful radi calism which, if left uncontrolled, it is certain In the end to arouse. Sweeping attacks upon all property, upon all men of means, without regard to whether they do well or ill, would sound the death knell of the republic: and such attacks become inevitable if decent citizens per mit those rich men whose lives are' cor rupt and evil to domineer In swollen pride, unchecked and unhindered, over the destinies of this country. We act in no vindictive spirit, and we are no re specters of persons. If a labor union does wrong, we oppose It as firmly as we oppose a corporation which does wrong; and we stand equally stoutly for the rights of the man of wealth' and for the rights of the wage-worker. We seek to protect the property of every man who acts honestly, of every corporation that represents wealth honestly accumulated and honestly used. We seek to stop wrongdoing, and we desire to punish the wrong doers only so far as is necessary to achieve this end. Campaign of Lawbreakers Against Government's Policy There are ample material rewards for those who serve with fidelity the mam mon of unrighteousness; but they are dearly paid -for by the people who per mit their representatives, whether in pub lic life, in the press, or in the colleges where their young men are taught, to I (reach and to practice that there is one aw for the rich and another for the poor. The amount of money the representatives of certain great moneyed interests are willing to spend can be gauged by their recent publication broadcast throughout the papers of this country, from the At lantic to the Pacific, of huge advertise ments attacking with envenomed bitter ness the administration's policy of warring against successful dishonesty, and by their circulation of pamphlets and books prepared witli the same object: while they likewise push the circulation of the writings and speeches of men who. whether because they are misled, or be cause, seeing the light, they yet are will ing to sin against the light, servo these their masters 'of great wealth to the cost of the plain people. The books and pamphlets, the controlled newspapers, the speeches by public or private men to which I refer, are usually and especially ln the Interest of the Standard OH Trust and of certain notorious railroad com binations, but they also defend other in dividuals and corporations of great wealth that have been guilty of wrong doing. It Is only rarely that the men re sponsible for the wrongdoing themselves speak or write. Normally they hire oth ers to do their bidding, or find others who will do it without hire. From the railroad-rate law to the pure-food law. every measure for honesty in business that has been passed during the last six years has been opposed by these men on its pas sage and in -its administration with every resource that bitter and unscrupulous craft could suggest and the command of almost unlimited money secure. But for the last year the attack has been made with most bitterness upon the actual ad ministration of the law, especially through the department of Justice, but also through the Interstate Commerce Commission and the- bureau of corpora tions. The extraordinary violence of the assaults upon our policy contained in these speeches, editorials, articles, ad vertisements, and pamphlets, and the enormous sums of money spent in these various ways, give a fairly accurate measure of the anger and terror which our public actions liaVe caused the cor rupt men of, vast wealth to feel in the very marrow" of their being. The attack is sometimes made openly against us for enforcing the law, and sometimes with a certain cunning, for not trying to en force it in some other way than that which experience shows to be practical. One of the favorite methods of the lat ter class of assailant is to attack the ad ministration for not procuring the im prisonment instead of the fine of offend ers under these anti-trust laws. The man making this assault is usually either a prominent lawyer or an editor wno taKes his policy from the financiers and his arguments from their attorneys. If the former, he has defended and advised many wealthy malefactors, and he knows well that, thanks to the advice of lawyers like himself, a certain kind of modern corporation has been turned into an ad mirable instrument by which to render it well-nigh impossible to get at the head of the corporation, at the man who is really most guilty. When we are able to put the real wrongdoer in prison, this is what we strive to do; this is what we have actually -done witli some very wealthy criminals, who. moreover, repre sented that most baneful of all alliances, the alliance between the corruption of organized politics and the corruption of high finance. This is what we, have done in the Gaynor and Greene case, in the case of the misapplication of funds in connection with certain great banks in Chicago, in the land-fraud cases, where, as in other cases likewise, neither the highest political position nor the posses sion of great wealth, has availed to save the offenders from prison. 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 rich land thief, the rich contractor all. no matter how high their station, against whom criminal misdeeds can be proved. All their wealth and power can not pro tect them. But It often happens that the effort to imprison a given defendant is certain to be futile, while it is possible to fine him or to fine' the corporation of which he Is head: so.that. In other words, the only way of punishing the wrong is by fining the corporation, unless we are content to proceed personally against the minor agents. The corporation lawyers to whom I refer and their employers are the men mainly responsible for this state of things, and their responsibility Is shared with all who ingeniously oppose the passing of just and effective laws, or who fail to execute them when they have been put on the statute hooks. Much is said, in these attacks upon the policy of the present administra tion, about the rights of "innocent stockholders." That stockholder is not innocent who voluntarily purchases stock in a corporation whose methods and management he knows to be cor rupt: and stockholders are bound to try to secure honest management, or else are estopped from complaining about the proceedings the government finds necessary In order to' compel the corporation to obey the law. There has been in the past grave wrong done in nocent stockholders by overcapitaliza tion, stock-watering. stock-joblng. stock manipulation. This we have sought to prevent, first, by exposing the thing done and punishing the offender when any existing, law had been vio lated; second, by recommending the pas sage of laws which would make unlaw ful similar practices for the future. The public men. lawyers and editors who loudly proclaim their sympathy for the "innocent stockholders" when a great law-defying corporation is pun ished, are the first to protest with fran tic vehemence against all efforts bv law to put a stop to the practices which are the real and ultimate sources of the damage alike to the stockholders and the public The apologists of success ful dishonesty always declaim against any effort to punish or prevent it. on the ground that any such effort will "unsettle business." It is they who by their acts have unsettled business: and the very men raising this cry spend hundreds of thousands'of dollars in se curing, by sueech. editorial, hoolr. or I ohnm .... - -- - r, 1.. .- SSff'Sr" w&. ??J !& 2551 -" ?? the advocacy of. a ments of what thev have done: and yet when public servants correct their misstatements by telling the truth they declaim against them for breaking silence, lest "values be depreciated." They have hurt honest business metv honest working men. honest farmers; and now they clamor against the truth being told. The keynote of all these attacks upon the effort to secure honesty in business and in politics is well ex pressed in brazen protests against any effort for.thesaorsl.regeBeratlon.of the business world, on the ground that' it is unnatural, unwarranted and Injurious, and that business- panic is the acces sary penalty for such effort to secure business honesty. The morality of such a plea Is precisely as great as if made on behalf of the mea caught la a gambling establishment when that gambling establishment is raided by. the 'police. If - such "words "mean any thing they steaa that those whose sen timents they represent stand against the effort to brinst abant a moral re generation or business, which will pre vent a repetition of the Insurance, banking and street railroad scandals in New York; a repetition of the Chicago Alton deal; a repetition of the com bination between certain professional politicians, certain professional labor leaders, and certain big financiers, from the disgrace of which San Fran cisco has just been rescued: a repeti tion of the successful effort by the Standard Oil people to crush out every competitor, to overawe the common carriers, and to establish a monopoly which treats the public with a con tempt which the public deserves so long as it permits men of such prin ciples and sentiments to avow and act on them with impunity. The outcry against stopping dishonest practices among wrongdoers who happen to be wealthy is precisely similar to the out cry raised against every effort for cleanliness and decency in city gov ernment, because, forsooth, it will "hurt business." The same outcry is made against the department of jus tice for prosecuting the heads of colos sal corporations that has been made against the men who In San Francisco nave prosecuted with impartial sever ity the wrongdoers among business men. public officials and labor leaders alike. The principle is the same in the two cases. Just as the blackmail er and bribe giver stand on the same evil eminence of infamy, so the man who makes an enormous fortune by corrupting legislatures and municipal ities and fleecing his stockholders and the DUolic. Stands on the same mural level with the creature who fattens on system of morality which would also justify every form of criminality oa the part of a labor union, and every form of violence,' corruption, and fraud, from murder to bribery and ballot-box stuff ings in politics. We are trying to secure equality of opportunity for all: acd the struggle for honesty is the same whether it is made oa behalf of one set of mea or of another. Laws Must Continue to Be Aetainiatercd with Even Hand -.The laws-must Ic the future be ad ministered as they arc now being ad ministered, so that the department of justice may continue to be. what it new is. in very fact the department of jus tice, where so far as our abtUty permits Justice is meted out with an even hand to great and smalt, rich aad poor, weak and strong. Moreover, there should be no delays iasiiagltiiantangthsmwa now on the statute beaks by the enactment of farther slegtolstlen as oatlined la the message I seat to congress on its assem bling. Under the existing laws. much. very macn. has been actually accom plished during the past six years, aad it has been shown by actual experience that they can' be enforced against the wealthiest corporation and the richest and most powerful manager or manipu lator of that corporation .as rigorously and fearlessly as against the aurablest offender. Above all. they have been enforced against the very wrongdoers and agents of wrongdoers who have for so many years gone scot free and flouted the laws with impunity, against great law-defying corporations of immense wealth, which, until within the last half dozen years, have treated themselves and have expected others to treat them as being beyond and above all possible check from law. It is especially necessary to secure to the representatives of the national gov ernment full power to deal with the great corporations engaged in Interstate com merce, and above ail. with the great in terstate common carriers. Our people should clearly recognize that while there are difficulties in any course of conduct to be followed in dealing with these great corporations, these difficulties must be faced, and one of three courses followed.- The first course is to abandon all ef fort to oversee and control their actions in the Interest of the general public and to permit a return to the utter lack of control which would obtain if they were left to the common law. I do not for one moment believe that our people would tolerate this position. The ex traordinary growth of modern industrial ism has rendered the common law. which grew up under and was adapted to deal wth totallv different conditions, in many NEBRASKA FOR AGRICULTURE. the blood money of the gambling house respects inadequate to deal with the new and the saloon. Moreover, in the last analysis, both kinds of corruption are far more intimately connected than would at first sight appear: the wrong doing is at bottom the same. Corrupt business and corrupt politics act and react with ever increasing debase ment, one on the other: the1, corrupt head of a corporation and the corrupt labor leader are both in the same de gree the enemies of honest corpora tions and honest labor unions: the re bate taker, the franchise trafficker, the manipulator of securities, the pur veyor and protector of vice, the black mailing ward boss, the ballot-hox stun. er. the demagogue, the mob leader, the hired bully, and man-killer all alike work at the same web of corruption, and all alike, should be abhorred by honest men. The "business" which is hurt by the movement for honesty is the kind of business 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 to which all honest American men of business should join in putting an end. The special plead ers for business dishonesty, in denounc ing the present administration for en forcing the law against the huge and corrupt corporations which have defied the law. also denounce it for endeavor ing to secure sadly needed labor legis lation, such as a far-reacbing law mak ing employers liable for injuries to their employes. "Business" Hurt by Movement for Honesty Should Be Crushed It Is meet and fit that the apologists for corrupt wealth should oppose every effort to relieve weak and helpless peo ple, 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 snenlr nf n girl who works in a factory where the dangerous machinery is unprotected as having the 'right" freely to contract to expose herself to dangers to life and limb. She has no alternative but to suffer want or else to expose herself to such dangers, and when she loses a hand or is otherwise maimed or disfig ured for life, it is a moral wrong that the whole burden of the risk necessarily incidental to the business should be placed with crushing weight upon her weak shoulders, and all who profit by her work escape scot-free. This is what opponents of a just employers liability law advocate: and it is con sistent that they should usually also advocate immunity for those most dan serous members of the criminal di the criminals of great wealth. Our opponents have recently been bitterly criticising the two judges re ferred to in the accompanying commu nications from the Standard Oil Com pany ana tne Stata Fe railroad for hav ing imposed heavy lines on these two corporations: and yet these same crit ics of these two judges exhaust them selves in denouncing the most re spectful and cautious discussion of the official action of a judge which re sults in immunity to wealth and power ful wrongdoers, or which renders nuga tory a temperate effort to better the conditions of life and work among those of our fellow countrymen whose need is greatest. Most certainly it be hooves us all- to treat with the' utmost respect the high office of judge; and our judges, as a whole, are brave and upright men. Resoect for the bw must go hand in hand with respect for the judges; and. as a whole, it Is true now as In the past, that the judges stand in character and service above all other men among their fellow servants of the public. There is all the greater need that the few who fail in this great office, who fall below this high standard of Integrity, of wisdom of sympathetic understanding and of courage, should have their eyes opened to the needs of their countrymen. A judge who on the bench either truckles to the mob and shrinks from sternlv iuicnce ana uisoraer. or bows down before a corporation: who fails to stand up valiantly for the rights of property on the one hand, or on the other by misuse or the process Of injunction Or bv ll!s attitude timmnl all measures for the betterment of the conditions of labor, makes the wage worker feel with bitterness, that the courts are hostile to him; or who fails to realize that all public servants in their several stations must strive to stop the abuses of th criminal rich suc.Ii a man performs an even worse service to the body politic than the legislator or executive who goes wrong The judge who does his full diitv well stands higher, and renders a 'better service to the people, than any other public servant: he is entitled to great er respect: and if he is a true servant of the people, if he is upright, wise and fearless, he will unhesitatingly disre gard even the wishes of the people if they conflict with the eternal princi ples of right as against wrongr He must serve the people; but he must serve his own conscience first. All 11IMKJ1 IU SUUII il juagc. The opponents of the measures we champion single out now one and now another' measure for especial attack, and speak as if the movement in whih m- are engaged was purely economic. It has a large economic side, but it is funda mentally an ethical movement. It Is not a movement to be completed in one year or two or three years; it Is a movement which must be presevered in until the spirit which lies. behind it sinks deep into the heart and the conscience of the whole people. It is always important to choose the right means to achieve our purpose, but it la even more important to keep this purpose clearly before us; and this purpose is to secure national honesty la business and In politics. We do not subscribe to the cynical belief that dishonesty and unfair dealing are essen tial to business success, and are to be condoned when the success is moderate and applauded when the success is great. The methods by which the Standard Oil people and those engaged In the other combinations of which I have spoken conditions. These new conditions make it necessary to shackle cunning as in the past we have shackled force. The vast individual anil corporate fortunes, the vast r-nmhinations of caDtal. which have marked the development of our industrial svstem. create new conditions, and neces sitate a change from the old attitude of the state and nation toward the rules regulating the acquisition and untram meled business use of property, in order both that property may be adequately protected, and that at the same time those who hold it may be prevented from wrongdoing. The second and third courses are to have the regulation undertaken either by the nation or by the states. Of course in any event both the national government and the several state gov ernments 'must do each its part, and each can do a certain amount that the other cannot do. while the only really satisfactory results must be obtained by the representatives of the national and state governments working heart ily together witnin ineir respective spheres. But in my judgment thoroughgoing and satisfactory con trol can in the end only be obtained by the action of the national government, for almost all the corporations of enormous wealth that is. the corpora tions which it is especially desirable to control are engaged in interstate com merce, and derive their power and their importance not from that por tion of their business which is intra state, but from the interstate business. It is not easy always to decide just where the line of demarcation between the two kinds of business fails. This 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 state what can only be accom plished by the action of the nation, the result can only be disappointing, and in the end the law will probably be de clared unconstitutional. So. likewise, in the national arena, we who believe in the measures herein advocated are hampered and not aided by the extrem ists who advocate action so violent that it would either be useless or else would cause more mischief than it would remedy. We have just passed through two months of acute financial stress. At any such time it is a sad fact that entirely innocent people suffer from no fault ( i meir unit, uuu every uue i:iui ieei the keenest sympathy for the large body of honest business men. of hon est investors, of honest wageworkers. who suffer because involved in a crash for which they are In no way respon sible. At such a time there is a natu ral tendency on the part of many meif to feel gloomy and frightened at the outlook: but there is no justification for this feeling. There is no nation so absolutely sure of ultimate success as ours. Of course we shall suc ceed. Ours Is ji nation of masterful energy, with a continent for its do main, and it feels within its veins the thrill which comes to those who know that they possess the future. We are not cast down by the fear of failure. We are upheld by the confident hope of ultimate triumph. The wrongs that exist are to be corrected; but they in no way justify doubt as to the final out come, doubt as to the gr-at material prosperity oflhe future, or of the lofty spiritual life which is to be built upon that prosperity as a foundation. Xo misdeeds done in the present must be permitted to shroud from our eyes the glorious future of the nation: but be cause of this very fact it behooves us never to swerve from our resolute pur pose to cut out wrongdoing and uphold what is. right. I do not for a moment believe that the actions of this administration have brought on business distress: so far as this is due to local and not world-wide causes, and to the actions of any par ticular individuals, it is due to the specu lative folly and flagrant dishonesty of a few men of great wealth, who seek to shield themselves from the effects of their own wrongdoing by ascribing its results' to the actions of those who have sought to put a stop to the wrongdoing. But If it were true that to cut out rotten ness from the body politic meant a mo mentary check to an unhealthy seeming prosperity. I should not for one moment hesitate to put the knife to the corrup tion. On behalf of all our people, on behalf no less of the honest man of means than of the honest man who earns each day's livelihood by that day's sweat of his brow, it is necessary to insist upon honesty in business and politics alike. In all walks of life, in big things and in little things: upon just and fair dealing as between man and man. Those who de mand this are striving for the right in the spirit of Abraham Lincoln when he said: "Fondly do we hope, fervently do we pray, that this mighty scourge may pass away. Yet. if God wills that it continue until all the. wealth piled by the bonds men's two hundred and lifty'years of un requited toil shall 1m; sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword, as was said three thousand years ago. so still It must be said: The judgments of the Iord are true and righteous altogether.' "With malice toward none; with charity for all; with firmness in the right, as Goil gives us to see the right, let us strive on to finish the work we are in." In the work we of this generation are In. there is. thanks be to the Almighty, no danger of bloodshed and no use for the sword: but there is grave need of those stern qualities shown alike by the men of the north and the men of the south , in the dark days when each val iantly battled for the light as it was given each to see the light. Their spirit should be our spirit, as we strive to bring nearer the day when greed and trickery and cunning shall be trampled under feet by those who fight for the righteousness that cxalteth a nation. THEODORE ROOSEVELT. THE WHITE HOUSE, January si, ims. Review ef the Conditions in the Year. Secretary Mellor ox the .state heard or agriculture said in bis annal re port: v Nebraska, as an agricaltaral state, is commanding the attention ef the markets of the world to a greater de gree,, with each sacceediag, year. A mew state which sacessfslly hcMs the Boaltkm la the front raak of the agri csitaral colaam is deoenriag of the coastaatly iacreaaiag ravoraMe cea aMeratiaa by the ceatsarisssw with which we are favored. Oaly two er three states of the -aaJea show greater aaaatties of la any of the leading grcwa la this latitude, than can Ne braska. Tbs year of 1907 however, has net been a banner year ia crop arodactiew owing to Haseasoaahie raia-fall la the eastern, aad lack of rain-fall la the western aad central parts of oar state. bat this condition being general over the entire agricultaral portion of the central west, has caused a general crop redaction with resultant high prices. . As nsaal. corn has been our pre dominant crop and although the 1907 crop is folly 25 per cent less ia ausa ber of bushels than that of 190S. still its commercial value is greater. The yield for 1907 as gathered by onr .state statistician as to our practical crops are: """ 189.792.S83 busheki Wheat 46.07.S5S bushels JJnto 53.S22.2C2 bushels Kve I.4B7.C99 bushels Barley 2.2S4.1S6 bushels Potatoes C.2S2.220 busheU iiaj" 4.011.S4S tons Alfalfa 1.45S.759 tons CHECK ON CHANGING DEPOTS. An the Important Order Issued by State Railway Commission. The railway commission adopted the following orders of importance to all the state: "No change of freight or passenger depots or flair stations front tneir present location, or suspension of the sale of tickets, or the receiving or for warding of freights from stations new in use for such purpose will be per mitted without the consent of this commission. "Permission for the location of de pots and the construction of same must be secured from this commission. Ap plication for such permits mast be ac companied by all information neces sary for a full and proper understand ing of all interests to be affected there by. The commission reserves the right to pass upon the location or all switches and spurs. "No switches or spurs in use in this state shall be removed or abandoned without the consent of this comssis-sion. Date for Coast Trip Indefinite. Governor Sheldon has received a let ter from the secretary of the aavy in answer to the executive's inquiry if it would be agreeable to the department to present the battleship Nebraska, with a silver service at the time the Atlantic fleet is at San Francisco. The secretary' wrote that it is impossible at this time to say whether the Ne braska will be at San Francisco at that time, for it may be at Paget Sound for repairs or engaged else where. He suggested that the gov ernor take up the matter later. Freight Business Improving. The weekly car report of railroads for the week ending January 22 shows a marked increase in business over the report one month previous. The following is the comparison: J.i n. Empty stock ears ordered... S2 Empty stock cars at stations. J.910 Stock cars litaded 901 Empty bov cars ordered 1.486 Empty box cars at stations. .2.194 Oniin cars loaded 422 Other bov cars loaded 98S Dec. 4RI i.eiit 3.".i; 1.4.'..: 2.115 S12 Hughes' Father at Carroll. Carroll Few people of Carroll are aware that Mr. John Hughes, present visitor at Joe Jones, is the father of Charles Hughes, governor of New York. He is a jovial old gentleman of 74. hale and hearty, aad as spry as a kitten. He can outtalk, oatsarake or outwalk most men of 30 of the present generation. OMAHA AS A GRAIN MARKET. A Large Increase in Shipments Over Any Previous Year. Ia 1900 there was 40,077,900 bushels of grain shipped out or Omaha, ia 1907 43.810,500 bushels. This shows aa la crease of nearly four million bushels.. Most of this grain was handled by the members of the Omaha Grain Ex change. The handling of grain be tween the farmer and the miller or other consumer is a very Bece3sary occupation. The farmer cannot do it as a rule any more than he could man ufacture his own machinery as a rule. The consumer cannot, for he is en gaged in other affairs. The work has M be done and the graindealer, with the aid of the transportation company, 'does it. Whether the work is well or badly done depends upon the ability of the dealer and the facilities he em ploys in doing it. Indians Sue for Land. Lincoln Seven persons claiming to be descendants of Margaret Murphy, a member of the Sac and Fox Indian. ribe. nave begun suit ia the fedeal court here to establish their daises to Indian lands located in Richardson county. Nebraska, and Brown county. Kansas. The claimants, in a preview zttort, were excluded by an order of the Interior department, largely Be cause they were unable to prove their relationship. The plaintiffs allege they are part blood Indians and that their claim is valid. Sincerity Gives Power. There is nothing which will add so Btach to one's power as the conscious ness of being absolutely sincere, genu fae. If your life is a perpetual lie, if yon are conscious that you are not what yoa pretend to be, yon cannot he strong. There is a restraint, a per petsal lighting against the truth going oa withla you, a straggle which saps year energy and warps your conduct. says Home Chat. Sham and shoddy are.powerless; only the genuine aad the trne are worth while. Mule Resented Tail Pulling. Mistaking the tail of a mule for an electric light pull in the darkest cor ner or his barn, John McCarthy of Atlantic City, N. J., gave the supposed contact line a sharp jerk. The mole responded to the pull with both hoofs. As a result of the mistake McCarthy was taken to the hospital with the marks of the male's hoofs oa his face and side. He barely escaped being stamped to death by rolling out of reach after he had- been knocked down. They Both Went. First Mother (reading letter from son at college) Henry's letters always send me to the dictionary. Second Mother (resignedly) That's nothing; Jack's always send me to the bank. Pack. As Might Have Been Expected. "With oae exception, everytbiag I've put money into has gone up in the air." "What was the exception?' "Am airship.' Life. During the Tiff. Mrs. Houlihan (sobbing) I never saw ye till th day before me unf orch nlt marriage! Mr. Houlihan An' I often wisht ye hadn't seen me till th day afther! Pack. The Usee ef Science. Stella How did you make him pro pose? Bella Introduced Prof. Flexner's statement that he could give anybody a new heart. N. T. Sun. Hopeless. "Now don't ask me another question. Little boys should not be too inquisi tive?" "Why mustn't I ask you any more, daddy? And what's inquisitive?" Judge. A Martyr. "Mamma, hare I got to take a bath to-night?" ' "I'm afraid you have, my dear?" ; "But I haven't done anything all I the week to deserve it." Life. Commander of Archers. In Scotland there is a picturesque office known as the marshal of Gentle Archers. The holder is commander of the ancient Bodyguard of Archers, who still appear in London green, and are armed with the old-time bow. This Reassuring. Patient (to dentist) I say: gas is absolutely safe, isn't it? Dentist Don't worry, sir. In these times. I couldn't afford to lose a cue tomer. Life. Lambert Awaiting Transfer. Dakota City Logan Lambert of Homer, is now confined in the coanty jail at this place, awaiting his trans portation to Lincoln, to serve a sen tence of one year in the state peni tentiary for an assault committed Bo on Rev. Father Joseph Schell in this place in 1905. He was found gailty in the district court of this coaaty -and the sentence was imposed him by Judge Guy T. Graves. The 1 was appealed to the supreme coart. and the findings of the jury aad coart have been affirmed by that tribanaL ? 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