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SEEKS TO STIR MESS
WITH FORCEFUL MESSAGE ? Continued from First Page* 1 against being enjoined from exercising . their proper rights. Reasonable notice should be given t ie adverse party. This matter is daily becoming of graver importance and 1 ran not' too urgently recommend that the Congress give care ful consideration to the subject. If some nay of remedying the abuses is not found the feeling of indignation against them among Targe numbers of our citizens will tend to grow so extreme a" to produce a revolt against the whole use of the process of injunction. The ultra-conser vatives wlio inje.t 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 asainst them. Men of property tan not afford ;o trust to an> tiling save the spirit of justice and fair piny: for those very public men who. wnile it is to their in terest, defend all the abuses committed by capita! and pose as the champions of conservatism, will, the moment they think their interest c.ianges. take the lead in just such a matter as this ami pander to what they esteem popular feel ing by endeavoring, for instance, effec tively to destroy the power of the courts in matters of injunction: and will even seek to render nugatory the power to pwnish for contempt, upon which power the very existence of the orderly admin istration of justice depends. It is my purpose a.s 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 Ada if vs. the 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 definitely to decide in what way to call the matter to your attention. Laws Affecting Wage-Earners. 'Not only should there b3 action 011 cer tain laws affecting wage-earners; there should also be such action on laws better to secure control over the great business concerns engaged in interstate commerce, and especially over the great common carriers. The interstate commerce com mission should he 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 advance in a rate ought not to b? made without investiga tion it should have authority to issue an order prohibiting the advance pending ex amination bv the commission. T 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 ab normally low. The operating expenses of our railroads, notably the wages paid rail road employes, have greatly increased. 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 tiiere may be. and doubt less are. cases where this is not true: and "ur law should be so framed that the gov ernment. as the representative of the whole people, can protect the individual against unlawful exaction for the use of these public highways. The interstate ?commerce commission should be provided with the means to miko a physical valua tion of any road as to which it deems this valuation necessary. In some form the federal government should exercise super vision over the financial operations of our interstate railroads. In no other way can justice be done between the private own ers of thos-* properties and the public which pay their charges. When once an inflated capitalization has gone upon the market and his become fixed in value its existence must b* recognized. As a prac tical matter It is then often absolutely necessary to take account of the thou sands of innocent stockholders who have purchased their stock in good faith. The usual result of such inflation is therefore 10 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 difficulty be undone: but they can be prevented with safety an J with Justice. Limited Federal Control. "When combinations of interstate rail ways must obtain government sanction; ?when it is no longer possible for an in terstate railway to issue stock or bond*, save in ihe manner approved by ti>e fed cial government: when -h&t government mak^s sure that the proceeds of every slock and bond issue go into the improve ment of th? property and no: tiie enrich ment of some individual or syndicate; ?when, whenever it becomes material for guidance In the regulative action of the government. tr>e ph.vsi- al value of one of these, properties is determined and made known?there will be eliminated from railroad securities that element ot un certainty which lends to them their speculative quality and which has con tributed nnuh to th?- financial stress of the recent past. I t h:nk that the federal government must also assume a certain measure of control over the physical operation of railways in the handling of Interstate trafii" . The commission now has au thority to establish through routes and joint rates. In order to make this pro- ' vision effective and i:i ord< r to piomotc in times of neerRjijt;? the proper movc . m?nt of traffic, 1 think it must also have authority to determine the concli- I tions upon which cars shall he inter- ; (hanged between different interstate rail wa> s. It is al?o pi-nbah.'.* that tne com n should have authority, in par ticular instances. to determine the sched ule opon Vh:ch petishable commodities/ shall be nvvfd. In this connection I dcsiic to repea.t ny recommendation that railway* bp per irte.J to form traffic associations for the purpose of conferring about and agreeing up?n rates, regulations and practices af ?f?r.r<ng interstate business in which the, member* of the association are mutually interested. This does not mean that they ?hould be ~iven the right to pool their earnings or their tram.-. The law re quire* iha: raies shall be so adjusted as rmt to discriminate between Individuals, localities o: different snecies of traffic. Ordinarily, rates by all competing linos jnnst be the same. As applied to practical ?drditions. the railway operations of tiiis country cannot be conducted according to law without what is equivalent to eon Terence and agreement. The articles imder which such associations operate er;o:i!d b? approved by the commission: all their operations' should he op 11 ro pub He inspection; and the raf?-s. regulations and pi act ices npon which they agree fciiould be subject to disapproval by the commission. I urge this Us* provision with the same earnestness that 1 do the others. This country provides its railway facilities by p: i\ ste capital. Tin se facilities will not be adequate unless the capital emplnved is assured of jnst treatment and an ade quate return, in fixing ihr charges or our railroads I Lelieve that, considering 1 lie interests of the publi. si Tone, it is better to allow too liberal rather than too scanty earnings, fur. otherwise, then: is grave dative: that or;r railway develop ment may not keep p;?.e with the demand for transportation. Hut the fundamental idea that these railways ar* public high ways must be recognized, ami they must l>e open to the whole public upon equal terms and upon reu*'>nab.'e terms. The Sherman Anti-Trust Law. In reference to t ie Sherman anti-trust law. 1 repeat the recommendations made in my ' message at the opening of the present '"ongress. a* well ?s In my mes- 1 sage to the previous Congress. The at tempt in this law to provide in sweeping ?erms asrain?t aD combinations of what ever chars ter. if technically in r?straint of trade as such restra'nt has b?e-? de fined by the courts, must necessarily he cither futUc or mischievous, and some time's both. The present law makes some combinations illegal, although they ma> t b? useful to the country. On the other hand, an to some nils'? combinations which are both noxious and illegal, even if the action undertaken against them under the law by the covernment is successful, tne result mav be to work but a m nlrti'im benefit to the oublic. Even though tie combination be broken up and a smai measure of reform thereby produced. t.ie real Rood aimed at cannot be obtained, for such real Rood can come only by a thorough and continuing supervision . o\ et the acts of the combination in all us parts, so as to prevent stock water.ng. improper forms of competition, anil. -n short. wrongdoing generally. 1 ?e should correct that portion of the an r man act which prohibits all cornblnat.ona of the character above descr.bed. *Rhemei tliev be reasonable or unreasonable, cut this should be done only as pari or a general scheme to provide for ttus effec tive and thoroughgoing supervision^ th^ nat'onai government of all t.ie o. ? ^ - of the hi* interstate business concerns. Judge Hough of New York, in Ins recent decision in the Harrlman 5^ * limit that Congress possesses tiie i the interstate operations of cor5jo1at.cn. not complying with federal against the recurrence of obnoxious PT? < ... ??- >?;US* the public adequate secint> asainy. methods cal nlated to djm^h so vein v. and therefore effiueno and economy in interstate transportation. r he judse adds that m these m,at rs the power of Congress is ample. v?i not f ru't'nl in results. it s vei\ earnestly to b- desired tint cither along the l!n?s the judge indicates. 01 in so.11 . Sh.r wySl??lly omr.chn.^1 h. ou,i? may exercise tf.c power wii.tli he lio.ds it ^ possesses. _ I Laws Are Connected. Superficially It may seem that the laws the passage or which I herein again ad vocate?for I have repeatedly advocated them before?are not connected. But in realitv they are connected. Each and everv one of these laws, if enacted, would represent part of the campaign against privilege, part of the campaign to make th. <'.ass of great Prope.ly ho d et's realize that property has ils dune, no less thai, its rights. When the courts euarantee to the emplojei. as ine> fhould, the rights of the employer, and to nronertv the rights ot prop*. 11>. th. si ould no less emphatically mane it e\ 1 dan" that tney will and from the employer ^ duties w.i h should necessarily ac-companN these rights; and hitherto our laws J in nveciselv this point of enforcing tne performance of duty by the man ot property toward the man foi him bv the man of great wealth, es Dcciallv if he uses that wealth in cor porate' form, toward the mvestor. the waaeworker and the general publi . The permanent failure of tne man property to fulfill his obligations would ultimately assure the wresting from him of the privileges which tie is entitled eniov onlv if he recognizes the obliga tions accompanying yiexn. Those wno - ,urao or snare the responsibility foi this failure a re rendering but a poor ser^ce to the cause which they beheve the. champion^ whether it; is possible, hut if possible, it is certainly desirable, that in connection with measures to te st rain stock watering and overcapitaliza tion there should be measures taken to prevent at lftast the grosser forms of gambling in securities and commodl ies. lam* sal*, of do not possess and cornering the n a. ket. Legitimate purchase* of commodi ties and of stocks and securities for m? vestment have no connection what eve 1 with purchases of stocks or ?tl1?r curities 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 Pernicious to the body politic as the other in kind, and in degree the evil wor'v*d }? *?r greater. But it is a far more difficult sub ject with which to deal. The great bulk of the business transacted on ?.ie ex changes is not only legitimate, but is nec essary to the working of our modern ln dustvial 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. A\ e should study both the successes and the failures of foreign legislators who, nota bly in Germany, have worked along this lina so as not to do anything harm.ul. Moreover, there is a speHal difficulty in dealing with this matter by tthe 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 wav It would seem that the federal gov ernment could at least act by forbidding the use of the mails, telegraph and tele phone wires for mere gambling in stocks and futures, just as it does in lottery transactions. Statements Called Untruthful. 1 inclose herewith a statement issued by the chief of the bureau of corporations (Appendix 1> in answer to certain state ments (which I also inclose) made by and on b?half of the agents of the Standard Oil Corporation (Appendix 1!) and a letter of the Attorney General (Appendix .">) con taining an answer to certain statements, also inclosed, made by the president of the Santa F? Railway Company (Appendix 4). The Standard Oil Corporation and the railwav company have both been found guilty by the courts of criminal miscon duct; both have b?en sentenced to pay heavy fines; and each "has issued and pub lished broadcast these statements, assert injr their innocence and denouncing" as *m proper the action of the courts and juries in convicting them of guilt. These state ments are very elaborate, are very in genious and ate untruthful in important particulars. Letteer From Mr. Henry and In closure. The following letter ar.d inclostire from Mr. lleney sufficiently illustrate the me thod of the high officials of the Santa Fe and show the utter falsity of their plea of lsnoiar.ee. the similar plea of the Stand ard Oil being equally without foundation; DEPARTMENT OF JUSTICE. Offi e of the I'nlted States Attorney, District of Oregon. P* rtland, January 11. IPOS. The President, Washington. D. C. Dear Mr. President; I understand ilia; Mr. Uiplev of the Atchison, Topeka and Santa Fe railway system has commented with some severity 115*00 your attitude to ward tlie payment of rebates by certain, transcontinental railroads and that he lias, declared that he personally never knew; anything about any rebites being granted by his road. * * * I inclose you ? herewith copy of a letter from Edward Chamber", general freight tiafflf mail ager of the Atchison. Topeka and Santa Fe railway system, to Mr. G. A. Davidson, auditor of the same company, dated Feb ruary 'Si. 1WT. * * * This letter does not deal with interstate shipments, but the constitution of the mate of California makes the payment of rebates bv ruilroads a felony, and Mr. Riplev has apparently not been above the commission of crime to secure business. You are at liberty to use tills inclosure in any way that you think It can be of serv ice" to yourself or the public. * ? ? S;ncerclely yours. FRANCIS J. 11ENEY. San Francisco, February U7. 15K)7. Dear S'.i; I hand you herewith a file of papers covering the movement of .uel oil shipped by lhe As-*Kiated O.l Company over our line from January 1. l'.KHJ. up to and including November ir>, 1H0?>. We agreed with Hie Associated Oil Co.'s negotiation:* with Mr. Ripley. Mr. Wells and myself, that in consideration of their making us a special price on oil for <om pany use, which is covered by a contract, ar.d tiie further consideration that we would t ike a certain quantity, they would in turn ship from Bakersfle'.d over our line to San Francisco bay points a certain I minimum number of barrels of fuel oil at J rate of J."? cents per barrel from Bakers- 1 field, exclusive of the switching charge. j These statements cover the movement., ex ept thai they have inc luded Stockton. | wt.i< if is not correct, as it is not a bay poir.t and could not Iw reached as con-j venkntly by water. We have paid them; on account of this movement $7,2*<P. j which should be deducted from the total 1 of movement shown in the attached pa-! pers. 1 wish you would arrange to make up] a statement, check the same and refund, tu the Associated Oil Company down to the basis of cms per barrel from Ba'tiersfleld. where they are the shippers, regardless of who is consignee, as all their fuel oil is sold delivered. The reason I for making this deal, in addition to what I hjive stated. Is that the Associated Oil Company have their own boats and carry SOME STRIKING POINTS MADE BY THE PRESIDENT There is no nation so absolutely sure of ultimate success as ours. I do not believe that the actions of this administration have brought on business distress. ? ? ? But if it were true that to cut rottenness from the body politic meant a momentary check to an unhealthy seaming pros perity 1 should not hesitate to put the knife to the corruption. It is all wrong to use the injunct'on to prevent the entirely proper anS legitimate actions of labor organizations In their struggle or industrial betterment. The administration and those who support its views are not only not en gaged In an assault on property, but are strenuous upholders of the rights of property. We act in no vindictive spirit and we are no respecters of persons. 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. oil from field." controlled by themselves along tlie coast near San I..uis Obispo to San Francisco at a much lower cost llian the special rale we have made them and in competition with the Cnion Oil Con:pany and the Standard Oil Com I>nn\. it was necessary for them to sell at the San Francisco bay points on the bash; of tli? cost of water transportation from the coast fields. They figured they could only afford to pay us the LT> cents per barrel if by doing this they sold our company a certain amount of fuel oil; otherwise the business covered toy the attached papers would have come in "by beat from the coast fields. T am writing this up completely so tlijr there may 'be in the papers a history of the reasons wtry this arrangement was made. I wish you would go ahead and make the adjustment as soon as pos sible. as the Associated Oil Company are very anxious to have the matter closed up. The arrangement was can celed on November 15 at a conference between Mr. Ripley. Mr. Wells. Mr. Por ter and mvself. Yours tfulv. EDWARD CHAMBERS. Shipments-Associated Oil Company, Mr. l>. A. Davidson, Auditor. Los Angeles. Attacks on the Administration. The attacks by these great corpora tions on the administration's actions have been given a wide circulation through out the country, in the newspapers and otherwise, by those writers and speakers who. consciously or unconsciously, act as the representatives of predatory wealth?of the wealth accumulated on a giant scale by ail forms of iniquity, ranging from the oppression of wage workers to unfair and unwholesome meth ods of crushing out competition, and to defrauding the public by stock jobbing and the manipulation of securities. Cer tain wealthy men of thia stamp, whose conduct should be abhorrent to every man of ordinarily decent conscience, and who commit the hideous wrong of teach ing our young men that phenomenal busi ness success must ordinarily be based on dishonesty, have during the last few months made it apparent that they have banded together to work for a reaction. Their endeavor is to overthrow and dis credit all who honestly administer the law. to prevent any additional legisla tion which would check and restrain them, and to secure if possible a freedom from all restraint which will permit every unscrupulous wrongdoer to do what he wishes unchecked provided he has enough money. The only way to counteract the movement in which these men are en gaged is to make clear 10 the public Just what they have done in the past and just what they are seeking Mo accom plish in the present. The administration and those who sup port its views are not only not engaged in an assau'.t on property, but arc stren uous upholders of the rights of property. The wise attitude to take is admirably stated by Gov. Fort of New Jersey, In his recent inaugural address; the prin ciples which he upholds as regards the lielng of cnbrse identical with tnose which should obtain as regards the nation. "Just and fair regulation can only be objected to by those misconceiving the rights of the state. The state grants all corporate powers to its railways and other public utility corporations, and may not only modify, but repeal all charters and charter privileges it confers. It may, there'ore. Impose conditions upon their operation at its pleasure. Of course in the doing of these things, it should act wisely and with conservatism, protecting all vested rights of property and the in^ terests of the innocent liolderB of the se curities of exlst'ng quasi-public corpora tions. Regulation, therefore, upon a wise baste, of the operation of these public utilities companies, including the fixing of rates and public charges, upon com plaint and subject to court review, should be Intrusted to a proper hoard, as well as the right to regulate the output of stock and the bonded Issues of such cor porations. If this were done, it would in ure to the benefit of the people and the companies, for it would fix the value of such securities, arid ac t as a'guaranty afralnst their depreciation. Under such a law, the holders of existing securities would find them protected, and new se curities offered would have the confidence of the people, because of the guaranty of the state that they we e only issued for extensions or betterments and upon some basis of the cost of sucii extensions or betterments. Ft is difficult to suggest any legislation that would give greater confidence to ihe public and investors than a wise public utilities bill: and the mere suggestion of its enactment should cause this class of security holders to feel that their holdings were strengthened, and ; that the state was about to aid the man- i agers of its public utility corporations ' to conserve their corporate property for) the public benefit and for the protection of invested capital. ? ? ? "The time has come for the strict super vis'on of these great corporations and the limitation of their stock and bond issues under so-me proper public official. It will nir.ke for conservatism, and strengthen t companies doing a legitimate business, and eliminate, let us hope, those which arf merely speculative in character and' organized simply to catch the unsuspect ing or-credulous investor. < Corporations have come in our business world to re main for a'.i time. Corporate methods are the most satisfactory for business pur poses in many cases. Every business or enterprise honestly Incorporated should be protected and' the public mad? to feel confidence in its corporate organisation. Capital Invested in corporations must be as free from wrongful attack as that In vested by individuals, and the state should do everything to foster and protect invested corporate capital and encourage the public in giving t.o it support and con fidence. Nothing will do so much to achieve this desirable result as proper supervision and leasonable control over stock and bond issues, so that over capitalization will be prevented and the people may know when they buy a share of stock or a bond * ? ? that the name of the state upon it stands as a guaranty that there is value behind it ami reason able safety in Its purchase. The act must make It clear that the intent of the super vision by the commissioner is not for the purpose of striking at corporate organiza tions or invested corporate capital, but rather to recognize and protect existing conditions and insure greater safeguards for the future. "Capital does not go into a state where reprisals an- taken or vested interests aie injured; it comes only where wise, con servative. safe treatment is assured, and it should be our policy to encourage and secure corporate tights and the best in terests of stock and bond holders com mitted to our lesal care." Riches Not Necessarily Evil. Under r.o circumstances would we coun tenance attacks upon law-auiding prop erty, or do aught but condemn these who hold up rich men us being evil men be cause of their rlche*. On flie contrary, our whole effort Is to insist ui>on con- I duct, and neither wealth nor property nor apy oilier class distinction, as being the proper standard bv which to judg; 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 J honest politician and honest newspaper. ; But part of the movement to uphold lion- j esty must be a movement to frown 011 i dishonesty. Wa attack only the corrupt j men of wealth, who rind in the.purchased j ! politician the most efficient instrument of j 1 co-ruptlon and in ;he purchased news- 1 paper the most efficient defender of cor- ' ruptlon. Our main quarrel is not with j these agents and representative? of the | interests. They .derive their cjiiff power1 from the great sinister offenders who I 1 sftind behind them. They are but puppets who move as the strings are pulled. It , is not the puppets, but the strong cun- I nlng and the mighty forces working for evil behind and through the puppets. wJt.i whom we have to deal. We seek to control law-defying wealth: in the that ? P,WM?t its doing dire evil to IvoM ?*? f' ,an'1 in thp "ext Plato , vl"d and dreadful radical ism which, if left uncontrolled, it is cer tain in the end io arouse. Sweeping at nfCmL?o?n 1f,n pr?pert>'- "Pin all men of means, without regard to whether they kneH nf V,rJn- sound the aeath huell of the republic; and such attacks become inevitable if decent citizens i' rrt M 'Vf'n whoso ,lves a'<? cor rupt and evil to domineer in swollen pride, unchecked and unhindered, over' the destinies of this countrv. We act in XA," CtVe Hpilil- and w"c aif> no re specters of persons. If a labor union on" rr?ng' we oppose"it as firmly as we oppose a.corporation which does wrong; f ?L3 equally stoutly for the 5[ of t.e man of wea,t,? a,ld for the ngiits of the wageworker. We s<-?k to the property of every mm who represents J' "f. t7ery corporation that and bnnLT63' .honestly accumulated and honestly used. We seek to ston wrongdoing, and we desire to punish the Z'ZTn'?^'? " '<? <? thn!^re iare amp,e material reward* for those who serve with fidelity the mam unrighteousness; but thev are thriJ f -the pe?P,e ^ho permit P in fK ves' whether in public Dre5}?- or !n the colleges where Ie" ;"e" ai s taught, to preach and to practice that there is one law for the ? and another for the poor. The ? representatives of certain great moneyed interests are will to ??fnd.can f?<? gauged by their re broadcast throughout the papt':s ? Vj'a country, from the Atlantic !" [, Pacific, of huge advertisements at tacking with envenomed bitterness the ad S?U"' of warring against successful dishonesty, and by their cir culation of pamphlets and books prepared 1 tu the Same object; while they likewise j push the circulation of the writings and speeches of men who. whether because tnej are misled, or because, seeing the light, tney yet are willing to sin against the hght. serve 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 in the interest of the Standard Oil trust and of certain notorious railroad combinations, but thev also defend other individuals and corpora tions of great wealth that have * been guilty of wrongdoing. It is only rarelv that the men responsible for the wrong doing themselves sneak or write. Normal ly thev hire others to do their bidding or find others who will do it without hire. From the railroad rate law to th<? pure 1 food law, every measure for honesty in ? business that has been passed during the ; last six years has been opposed hv these' men on Its passage and in its administra tion 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 administration of the law. especially through the Department of Justice, but also through the interstate commerce commission and the bureau of corporations. The extraordinary violence of the as saults upon our policy contained in these speeches, editorials, articles, advertise ments and pamphlets and the enormous sum of money spent in these various ways give a fairly accurate measure of the anger and terror which, our public actions have caused the corrupt men of vast wealth to feel in the very marrow of their lwing. The attack is sometimes made openly against us for enforcing the law. and sometimes with ? certain cun ning for not trying to enforce it in sortie other way than that which experience fthowg to be practical. One of the fa vorite methods of the latter class of as sailant is to attack the administration for not procuring the imprisonment instead of the fine of offenders under these anti trust laws. The man making this as sault is usually either a prominent lawver 1 or an editor who takes his policy from the financiers and his arguments from their attorneys. If the former, lie has deferded and advised many wealthy male factors. and he knows well that, thanks to the advice of lawyers like himself, a certain kind of modern corporation has been turned into an admirable instrument by which to render it well nigh impos sible to get at the head of the corporation. | at the man who is really most guilty! \\ hen we are able to put the real wrong doer in prison, this is what we strive to do; this is what we have actuallv done with some very wealthy erimisals. who. moreover, represented that most baneful of all alliances, the allianc between the corruption of organized politics and the corruption of high finance. This is what we have done in the Oaynor and Gn?en case, in the case of the misapplication of funds in connection with certain great 1 banks in Chicago, in the land fraud cases, where, ps in other cases likewise, neither1 the highest political position nor the pos session of great wealth has availed to save th* offenders from prison. The federal government does scourge sin; it does bid sinners fear; for it has put behind Uk- bars with impartial se-' verity the powerful financier, the pow erful politician, the rich land Uhief tho rich contractor?all. no matter how high their station, against whom criminal misdeeds can be proved. All I their wealth and power cannot 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 hirri 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 lawvers to whom I refer and th^ir employers'are the men mainly responsible for this stat* of things, and their responsibility is shared ?itii all who ingeniously oppose the passing of just and effective laws or who fall to execute them when they have been put on the statute books. 1 Innocent Stockholders. Much is said in these attacks upon the i policy of the present administration about the rights of 'innocent stockholders." i That stockholder is not Innocent who voluntarily purchases stock In a corpora tion whose methods and management he knows to be corrupt: and stockholders are bound to try to secure honest man agement, or else are estopped from com plaining about the proceedings the gov ernment finds necessary in order to com pel the, corporation to obey the law There has been in the past grave wrong done I Innocent stockholders by overcapitalize - j Hon. stock-watering, stock-jobbing stock manipulation. This we have sought to i prevent, first, by exposing the thing done' and punishing tlie offender when any ex. 1 isting law had been violated; second, by I recommending the passage of laws which ' would make unlawful similar practices for the future. The public men. lawyers and editors j who loudly proclaim tlieir sympathy for ' the "innocent stockholders" when a ! gre ?t law-defying corporation, pun- ' islied are the first to protest with fran- i tic vehemence against all efforts by 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 successful ' dishonesty always declaim against any effort to punish or prevent it. on the 1 ground that any such effort will -unset tle . business." It is they who by their acts have unsettled business; i*nd the very men raising: tliis cry spend hun dreds of thousands of dollars in secur ing. by speech, editorial, book or pamphlet, the defense by misstatements, of what they have done; and y?t when public servants correct their misstate ments by telling the truth they declaim against them for breaking silence, lest rvalues be depreciated." They have i hurt honest, business men. honest work ingmen. honest farmers; and now they clamor against the truth being told. The keynote of all these attacks upon the efTori to secure honesty in business and in politics is well expressed in I brazen protests against any effort for t the moral regeneration of Hie business | world 011 the ground that it is unnatu , ral. unwarranted and injurious, and : that business panic is the necessary j penalty for such effort to secure busi j ness honesty. The morality of such a I plea is precisely as great as if made on behalf of the men caught in a gambling establishment when that gambling es establishment is raided by the police. If sucli words mean anything they mean that those whose sentiments they repre sent stand against the effort to bring about a moral regeneration of business which will prevent a repetition of the in surance. banking and street railroad scan dals in New York; a repetition of the t:hl c<igo and Alton deal; a repetition of the combination between certain professional politicians, certain professional labor leaders and certain big financiers, from the disgrace of which San Franetseo lias just been rescued; a repetition of ,the successful effort by the Standard Oil peo ple to crush out every competitor, to pvcrawe the common carriers and to es tablish a monopoly which treats the pub lic with a contempt which the public deserves so long as it permits men of such principles and such sentiments to avow and act on them with impunity. Ti;e outcry against stopping dishonest practices among wrongdoers who happen to be wealthy is precisely similar to the outcry raised against every effort for cleanliness and decency in city govern ment. because, forsooth, it wfll "hurt business." The ^ame outcry is made against the Department of Justice for prosecuting the heads of colossal cor porations that has been made against the men wlio in San Francisco have pros ecuted with impartial severity the wrong doers among business men. public officials and labor leaders alike. The principle is (the same in the twof cases. Just as the blackmailer and bribe giver stand on the san?e evil eminence of infamy, so the man who makes an enormous fortune by coiruptlng legislatures and municipalities and fleecing his stockholders and the public stands on the same moral level with the creature who fattens on the blood money of the gambling house and the saloon. Moreover, in the last analy sis. both kinds of corruption are far more intimately connected than would at first sight appear; the wrongdoing is at bot j tota the same. I Corrupt business and corrupt polities act and react with ever increasing de basement, one on the other; the corrupt head of a corporation and the corrupt la bor leader are both in the same degree | the enemies of honest corporations and honest labor unions; the rebate taker, the franchise trafficker, the manipulator of securities, the purveyor and protector of vice, the blackmailing ward boss, the bal lot box stuffer. the demagogue, the mob leader, the hired bully and mankiller?all alike work at the same web of corruption, and all alike should be abhorred bv hon est men. Pays to Have Business Hurt. The "business" which is hurt by the movement for honesty is the kind of busi ness 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 scan dal to which a.ll honest American men of business should join in putting an end. The spccial pleaders for business dishon esty. .in denouncing the present adminis tration for enforcing the law against the huge and corrupt corporations which have i defied the law. also denounce it for en deavoring to secure sadly needed labor legislation, such as a f ar-reachinsr law making employers liable for Injuries to their employes. It is meet and fit that the apologists for corrupt wca'th shou'd oppose every effort to relieve weak and helpless people from crushing misfortune brought upon them by injury in the busi ness from which they gain" a bare live lihood. The burden should be distributed. It is hypocritical baseness to speak of a 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 iimb. She has no alternative hut to suffer want or else to expose herself to such dan gers. and when she loses a, hand or is otherwise maimed or disfigured for life it is a moral wrong that 1 tie whole bur den of the risk necessarily incidental to the business should be placed with crush ing 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 consistent that they should usuailv a'so advocate immunity for those most dan gerous members of the criminal class?the criminals of great wealth. . Our opponertts have recently been bit terly criticising the two judges referred to in the accompanying communications from the Standard Oil Company and the Santa l'e railroad tor having imposed | heavy lines on these two corporations and | yet these same critics of these two judges j exhaust themselves in denouncing the most respectful and cautious discussion df the official action of a judge which re sults in immunity to wealthy and power ful wrongdoers or which .renders nugatory a temperate effort to better the conditions of Mfe and work among those of our fel low countrymen whose need is greatest. Most certainly it behooves us all to treat with the utmost respect the high office of judge; and our judges, as a whole, are brave and upright men. Respect for the law 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 amnn? their fellow servants of the public. There is all the greater need that the few who fail in this great office, who fall oelow this high standard of in tegrity. of wisdom, of sympathetic un derstanding and of courage, should have their eyes opened to the needs of their countrymen. A judge wlio on the 1 bench either truckles to the mob and | shrinks from sternly repressing violence and disorder, or bows down before a. cor poration; who fails to stand up valiantly for the rights of property on the one hand, or on the other by misuse of the | process of injunction or by his attitude I toward all measures for the betterment of i the conditions of labor, makes the wage worker feel with bitterness that, the courts ' arfc hostile to him; or who fails to realize that all public servants in their several stations must strive to stop the abuses of the criminal rich?such a man performs an even worse service to the body politic ! than the legislator or executive who goes I wrong. The judge who does his full duty ! well stands higher, and renders a better service to the people, than any other pub ! lie servant: he is entitled 'to greater rc j spcct; and if he is a true servant of the people, if lie is upright, wisi and fear less, he will unhesitatingly disregard even the wishes of the people if they conflict with the eternal principles of right, as against wrong. He must serve the people; but he must serve his own conscience first. All honor to such a judge; and all honor cannot be rendered him if It is rendered equally to his brothren who fall immeasurably "re low the high ideals for which he stands. Untruthful criticism is wicked at all times, and whoever may be the object; but it is a peculiarly flagrant iniquity when a judge is the object. Xo man should lightly criticise a judge; no man should, even in his own mind, condemn a judge unless he is sure of the facts. If a Judfce is assailed for standing against popular folly, and above all for standing against mob violence, all honorable men should rally instantly to his support. Nevertheless if lie clearly fails to do his duty by the public in dealing with law breaking corporations, lawbreaking men uf wealth, he must expect to feel the weight of public opinion; and this is but rigut. for except in extreme cases this is the only way in which h? can be reached at all. Xo servant of the people has a right to expect to be free from Oust and honest criticism. Purely Economic Movement. The opponents of the measures we champion single out now one and now anotlier measure for especial attack, and speak as if the movement in which we are enigag^d was purely economic. It lias 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 d movement which must'bo persevered ;:i 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 odr purpose, but it is even more important to keep this purpose clearly before us; and this pur pose is to secure national honesty In business and in politics. We do not ?u1> scrlbe to the cynical I>elief that dishon esty and unfair dealing are essential to business success, and are to lie condoned when the success is moderate and ap plauded when the success is (treat. The methods by which the Standard Oil peo ple and those engaged in the other com binations of which I have spoken above have achieved great fortunes can only be justified by the advocacy of a system of morality which would also justify every form of criminality on the part of a labor union, and every form of violence, cor ruption and fra'id. from murder to bribery and ballot-box stuffing iu politics. We are trying to secure equality of op portunity for all. and tlife struggle for honesty is the same whether it is made on behalf of one set of men or of an other. In the Interest of the srr.a'l set tlers and landowners, and against ttie embittered opposition of wealthy owners of huge wandering (locks of sheep, or of corporations desiring to rob the people of coal and timber, we strive to put an end to the theft of public land in the west. When we do this, and protest against the action of all men. whether in public life or in private life, who either lake part in or refuse to try to stop such theft, we are really engaged in the same policy as when We endeavor to put a. stop to rebates or to prevent the up growth of uncontrolled monopolies. Our effort is simp'.y to enforce the principles of common honesty and common sense. It would indeed l?e ill for the country should there he any halt in our work. The laws must in the future be admin istered as they are nOw being admin istered. so that the Department of Jus tice may continue to he. what it now is. in very fact the Department of Justice, where so far as our ability permits jus tice. Is meted out with an even hand to great and small, rich und poor, weak and strong. Moreover, there should be no delay in supplementing the laws now on the statute books by the enactment of further legislation as outlined in tlie message I sent to the Congress on its assembling. I'nder the existing laws much, very much, has been actuary accomplished during the past six years, and it has been shown by actual ex perience that they can l>e enforced against the . wealthiest corporation and the richest an^l most powerful manager or manipulator of that corporation, as rigorously and fearlessly as against the humbhst offender. Above all. they have been enforced against the very wrong doers 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. Full Power Needed. It is especially necesiarv to secure to the representatives of the national government full power to deal with the great corporations engaged in interstate commerce, and aliove all. witn the great interstate common carriers. Our peo ple should clearly recognize that while there are dufflculties in any course of conduct to be followed in dealing with these great corporations, these difficul ties must be faced, and one of three courses followed. The fii;8t course is to abandon all effort to oversee and control their actions in the interest of the general public and to permit a return to the utter lack of con trol which would obtain if they were left to the common law. I do not tor one moment believe that onr people would tol erate this position. The extraordinary growth of modern industrialism has ren dered the common law. which grew up under and was adapted to deal with totally different conditions, in many re spects inadequate to deal with the new conditions. These new conditions make it necessary to shackle cunning as in the past we have shackled force. The vast individual and corporate fortunes, the vast combinations of capital, which have marked the development of our indusfial system, crcate new conditions, and ne cessitate a change from the old attitude of the slate and the nation toward the rules regulating the acquisition and un tnimmeled business use of property, in order both that property may be ade quately protected, and that at the same time those who hold it may be prevented from wongdoing. 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 govern ment and- the several state governments must do each its part, and each can do a certain amount that the othe- cannot do. while the only really satisfactory results must be obtained by the representatives of the national and state governments working heartily together within their re spective spheres. But in my judgment thoroughgoing and satisfactory control can in the end only be obtained by the aetion of the national government, for almost all the corporations of enormous wealth?that is. the corporations which it is especially desirable to control?are engaged in interstate commerce, and de rive their power and their importance not from that po-tion of their business which is intrastate, but from the interstate busi ness. It Is not easy always to decide just where the line of demarcation between the two kinds of business falls. This line must ultimately be drawn by the fed eral courts. Much of the effort to secure adequate control of the great corporations by state action has been wis? and effective, but much of it has been neither; for when the effort is made ;o accomplish by the action of the state what can oniy be accomplished! by the action of the nation, the result can only be disappointment, and in the end the law will probably be declared unconstitutional. So likewise iu the national arena, we who believe in the measures herein advocated are hanpered and not aided by the extivm is'~ who advocate action so violent that it would cither he useless or else would cause more mischief than it would remedy. What a Judge Says. In a rrcent letter from a learned judge of the supreme court of one of the guif states the writer speaks as follows: "In all matters pertaining to interstate con.merce the authority of the natioml government already exists and does not have fo bo acquired, and the exercise of this existing authority can be in no s?nse a usurpation of. or infringement upon, th-"- rights of the states. On the contrary, had the federal government driven this question more attention in the past and applied a vigorous check to corporate abuses, conditions would now lie better, because the states would have had fewer reai or imaginary grievances and have had less cause not only to attempt the exercise of the authority reserved to the national government, but to act without proper moderation in matters peculiarly within their own provinces. The national go\crnment has been remiss in the past, but even at this late day It can solve this problem, and the sooner the national authority is exercised the less apt are the states to take action which will rep resent encroachment upon the national domain. Ther.*? is a field of operations for both powers, and plenty alike for national and state governments to do in order to protect both the people and the public utilities. The line of demarcation between federal and state authority can and should be speedily settled by the federal courts. The fact that the na tional government has omitted lo exercise the authority conferred upon it by the interstate commerce ctause of the Consri tulion has made the states restive under what they deem corporate abuses, and in some cases has probably stimulated them lo go too far in the attempt to correct these abuses, with the result that all measures which they passed, good or bad. have been held up 'by the fed ral courts. Th^ necessary equitable and uniform reg ulation cannot tie obtained by the separate actior of the states, but only by the af firmative action of the national govern ment." ? This is an appeal by a high state judge, alarmed, as good citizens should l?e alarmed, by conflicts over the matter of jurisdiction, and bv the radical action adl vacated by honest people smarting from a sense of injury received from corpora tions, which injury the federal courts for bid the states to try to remedy, while tiie federal government nevertheless refrains from itself taking adequate measures to provide a remedy. It cannot too stronglv be Insisted that the defenders and apolo gists of the great corporations, who have sought in the past and still seek to pre vent adequate aetion by the federal gov ernment to control these great corpora tions. are not only proving false to the people, but are laying up a day of wrath for the great corporations themselves. The nation will not tolerate an utter lack of .control over very wealthy men of enormous power in the Industrial, and therefore. In the social lives of all our people, some of whom have shown them i pelves cynically and brutally indifferent lo the interests of the people; and If the Corgresa <??es not act. with gnod-tc-n percd and sensible but resolute thorongh n?s, In cutting nut the evil* and In pro viding an effective supervision. tlic re sult is certain to be action on the part of the .separate state*, sometimes wise. some times ill-judged and extreme. *ometbiufi unjust and d.imaainK to the railroad* or other corporations more often Ineffective 1 from every standpoint, because the fedcr.il courts declare it unconstitutional. Innocent People Suffer. We have just passed through two months of acute financial stress At any such time it is a sod fact that entirely innocent people suffer from no fault of I their own: and every one must f. el the I keenest sympathy for the larg* body of ' honest business men. of lionosi invent j ors. of honest wagewotkers ,\n> suffer j because involved in a - rash for whl? li ] they are In no way responsible. At such a time there is a natural tendency on I the pan of many men to feel gloomy land frightened at the witlook: nut there j is no justification for this feeling. Ther? j is no nation so absolutely sure < f u!t ; mate succ<*>s ,is ours. ?.?f course we ? shall succeed. Ours is a nation of mas terful energy with a continent tor its domain and it feeis within its veins the . thrill which comes to those who know I that they possess the future. We are ; not cast down by the tear of failure j We are upheld by the confident hope of I ultimate triumph. The wrong* ti.nt e\ : is* are to'be corrected: but thev in no j way justify ?Joubt as to the ;in;?l out - come, doubt as to the great notorial prosperity of the future or of the loft \ spirltual life which is to lie built upon that prosperity as a foundation. N<? misdeeds done in the present must h* permittee! to shroud trom our eyes the glorious future of the nation: but be cause of this very fact It behooves us never tq swerve from our resolute pur pose to cut out wrongdoing and uphold what i-s 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-wid? causes, and to the actions of any pa: 1 ticuiar individuals, it is due to the specu lative folly and flagrant dishonesty of h i few men of great wealth, who seek t-> shield themselves from the effects of j their own wrongdoing by ascribing its re sults 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 tiie knife to the corrup tion. On behalf of all our people. 011 be half 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 hon esty in business and politics alike, in all walks of life. In big things and in little things: upon just and fair dealing as be tween man and man. Those who demand 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 speed ily pass away. Yet, if God wills that it continue until all the wealth piled by the bondsmen's two hundred and fifty years of unrequited toil shall be sunk, and until every-drop of blood drawn with the lash shali be paid by another drawn with the sword, as was said three thousand years ago. so still It must .be said. "The Judg ments of the 1-ord are true and righteous altogether.* "With malice toward none: with char ity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish tlia-work we are in." In the work we of this generation are In. there is. thanfcs b? to the Almighty, no danger of bloodshed and no us*, for the sword: but tbej*e Is grave need of those sterh qualities shown alike by the men of the north and the men of tlw? south In the dark days when each vali antly 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 cun ning shall be trampled under feet by those who fight for the righteousness thai exaltetb a nation. THEODORE ROOSEVELT. The White House. January ."51. 11)08. Examinations for March. Eight vacancies under?thc civil service will b filled bj* succcssful candidates in examinations scheduled for March, aa follows: March 4-5?Assistant geologist, qualified in petrology, at per mogtii. iu tl?e geological survey. This position ifl tem porary in character, and the need for th? services of the appointee will not extend over more than six months. March 4-5?Three statisticians, at sal aries from ?1.200 to $1,800 per annum, in the geological survey. March 4?Apprentice draftsman (male), office of the chief of ordnance. War De partment. at $.".??> per annum. March 4?Aid. per annum, in the bureau of standards. Department of Com merce and Labor. March 4?Executive assistants (male), in J<lic bureau of plant industry. Department j of Agriculture* at salaries ranging from i $1,000 to $2,000 per aijnum. At present ! there are two vacancies In this position? | one in connection with tobacco Investlgi j tions and the other in the office of tile I cercalist. Naval Estimates to Be Cut. The House committee 011 naval affairs has decided to cut the naval estimates about S2.VWiO.O00. The department aske>t for $12.~?.000.<?W. Most of the cut will be under the head of new building construc tion in navy yards. , A Great Physiologist Once Saitl I lie Way to Keep the Stomach Healthy is to Exercise It. BIT 1IE L?Il> NOT TKU, HOW TO MAKE 11 HEALTHY. The muscles of the Imdy ran lie developed >'f cxrrclse until their strength tinm lncrras?d mani fold. and h proper amount of training e?rh <i"y will acttmiplish this remit, but It is somewhat <lont>tful whether you run increase the <Hrr**jT? powers of the stomach by eating iudtges'ibl? food iu order to forre it to work. Nature lias furnished i? all with a perfect Hr ef o.gans. and If tfcey are not abus"! they nil! attend to the business required of them. Tin* n? .-d no abnormal strength. There is a limit to the weight a man can lift, and there Is also a limit to what the stomach van do. The cause of dyspepsia, indigestion and many affiliated diseases is that tli*? stouiaeb has b'-en exercised too much and It is tired or worn out. Not exercise but rest is what It needs. To take something Into the stoma<b that will telleve it from its work for a short time-some' thing to digest the food -will give it a rest and allow it time to regain Its strength. The proper aid to the digestive organs is Siuurt'it Dyspepsia Tablets, which cure dyspepsia, indlgc-stlou, gas on the stomach and bowels, hear;burn, palpitation of the heart and uil stum ach diseases. Ke-t and invigoraf inn is what the stomach gets when you use Stuart's I>yspepsla Tablets, for one grain of the active principle in them Is suf ficient to digest 3.000 grains of food. The Tablets Increase the flow of gastric juice, and present fermentation, acidity and sour eructlons. 1 >0 not attempt to starve out .dyspepsia. You n?-ed all your sliengtli. The common sense method Is to digest the food for the stomach and give it a rest. Stuart's Dyspepsia Tablets do not make the cure, but enables the organs to throw off iui hesltby conditions. Perfect digestion means perfeit health, for under these conditions only do the different or gans of the l>ody work right aud receive the building up material found in pure blood. Stuart's Dyspepsia Tablets is a'natural rriawlv ami Is a specific for stomach troubles. The ablest ph." sl. lnn* prescribe thein. The Tablets are pleasant to th" taste, and are composed of fruil aud vegetable extracts, golden seal and pepsin. At all drug stores -30 cents per pa<ksg<v Send us your name and address today and ?-? villi at one* send jou by mall a sample package free. Address V. A. Kjtaart Co., 150 Stuart Marshall, Mich.