AT MILWAUKEE, WIS., APRIL 3, 1903

_Mr. Toastmaster, Gentlemen_:

To-day I wish to speak to you on the question of the control and

regulation of those great corporations which are popularly, although

rather vaguely, known as trusts; dealing mostly with what has actually

been accomplished in the way of legislation and in the way of

enforcement of legislation during the past eighteen months, the period

covering the two sessions of the Fifty-seventh Congress. At the outset

I shall ask you to remember that I do not approach the subject either

from the standpoint of those who speak of themselves as anti-trust

or anti-corporation people, nor yet from the standpoint of those

who are fond of denying the existence of evils in the trusts, or who

apparently proceed upon the assumption that if a corporation is large

enough it can do no wrong.

I think I speak for the great majority of the American people when

I say that we are not in the least against wealth as such, whether

individual or corporate; that we merely desire to see any abuse of

corporate or combined wealth corrected and remedied; that we do not

desire the abolition or destruction of big corporations, but, on the

contrary, recognize them as being in many cases efficient economic

instruments, the results of an inevitable process of economic

evolution, and only desire to see them regulated and controlled so far

as may be necessary to subserve the public good. We should be false

to the historic principles of our government if we discriminated,

either by legislation or administration, either for or against a man

because of either his wealth or his poverty. There is no proper place

in our society either for the rich man who uses the power conferred

by his riches to enable him to oppress and wrong his neighbors, nor

yet for the demagogic agitator who, instead of attacking abuses as all

abuses should be attacked wherever found, attacks property, attacks

prosperity, attacks men of wealth, as such, whether they be good or

bad, attacks corporations whether they do well or ill, and seeks, in

a spirit of ignorant rancor, to overthrow the very foundations upon

which rests our national well-being.

In consequence of the extraordinary industrial changes of the last

half century, and notably of the last two or three decades, changes

due mainly to the rapidity and complexity of our industrial growth, we

are confronted with problems which in their present shape were unknown

to our forefathers. Our great prosperity, with its accompanying

concentration of population and of wealth, its extreme specialization

of faculties, and its development of giant industrial leaders, has

brought much good and some evil, and it is as foolish to ignore the

good as wilfully to blind ourselves to the evil.

The evil has been partly the inevitable accompaniment of the social

changes, and where this is the case it can be cured neither by law nor

by the administration of the law, the only remedy lying in the slow

change of character and of economic environment. But for a portion

of the evil, at least, we think that remedies can be found. We know

well the danger of false remedies, and we are against all violent,

radical, and unwise change. But we believe that by proceeding slowly,

yet resolutely, with good sense and moderation, and also with a firm

determination not to be swerved from our course either by foolish

clamor or by any base or sinister influence, we can accomplish much

for the betterment of conditions.

Nearly two years ago, speaking at the State Fair in Minnesota, I said:

“It is probably true that the large majority of the fortunes that

now exist in this country have been amassed, not by injuring our

people, but as an incident to the conferring of great benefits

upon the community, and this no matter what may have been the

conscious purpose of those amassing them. There is but the scantiest

justification for most of the outcry against the men of wealth _as

such_; and it ought to be unnecessary to state that any appeal which

directly or indirectly leads to suspicion and hatred among ourselves,

which tends to limit opportunity, and therefore to shut the door

of success against poor men of talent, and, finally, which entails

the possibility of lawlessness and violence, is an attack upon the

fundamental properties of American citizenship. Our interests are at

bottom common; in the long run we go up or go down together. Yet more

and more it is evident that the State, and if necessary the Nation,

has got to possess the right of supervision and control as regards the

great corporations which are its creatures; particularly as regards

the great business combinations which derive a portion of their

importance from the existence of some monopolistic tendency. The right

should be exercised with caution and self-restraint; but it should

exist, so that it may be invoked if the need arises.”

Last fall in speaking at Cincinnati I said:

“The necessary supervision and control, in which I firmly believe as

the only method of eliminating the real evils of the trusts, must

come through wisely and cautiously framed legislation, which shall

aim in the first place to give definite control to some sovereign

over the great corporations, and which shall be followed, when once

this power has been conferred, by a system giving to the government

the full knowledge which is the essential for satisfactory action.

Then, when this knowledge—one of the essential features of which is

proper publicity—has been gained, what further steps of any kind are

necessary can be taken with the confidence born of the possession

of power to deal with the subject, and of a thorough knowledge of

what should and can be done in the matter. We need additional power,

and we need knowledge.... Such legislation—whether obtainable now

or obtainable only after a Constitutional amendment—should provide

for a reasonable supervision, the most prominent feature of which at

first should be publicity; that is, the making public, both to the

government authorities and to the people at large, the essential facts

in which the public is concerned. This would give us exact knowledge

of many points which are now not only in doubt but the subject of

fierce controversy. Moreover, the mere fact of the publication would

cure some very grave evils, for the light of day is a deterrent to

wrongdoing. It would doubtless disclose other evils with which, for

the time being, we could devise no way to grapple. Finally, it would

disclose others which could be grappled with and cured by further

legislative action.”

In my Message to Congress for 1901 I said:

“In the interest of the whole people the Nation should, without

interfering with the power of the States in the matter, itself also

assume power of supervision and regulation over all corporations

doing an interstate business.”

The views thus expressed have now received effect by the wise,

conservative, and yet far-reaching legislation enacted by Congress at

its last session. In its wisdom Congress enacted the very important

law providing a Department of Commerce and Labor, and further

providing therein under the Secretary of Commerce and Labor for a

Commissioner of Corporations, charged with the duty of supervision

of and of making intelligent investigation into the organization and

conduct of corporations engaged in interstate commerce. His powers

to expose illegal or hurtful practices and to obtain all information

needful for the purposes of further intelligent legislation seem

adequate; and the publicity justifiable and proper for public purposes

is satisfactory guaranteed. The law was passed at the very end of the

session of Congress. Owing to the lateness of its passage Congress

was not able to provide proper equipment for the new Department;

and the first few months must necessarily be spent in the work of

organization, and the first investigations must necessarily be of a

tentative character. The satisfactory development of such a system

requires time and great labor. Those who are intrusted with the

administration of the new law will assuredly administer it in a

spirit of absolute fairness and justice and of entire fearlessness,

with the firm purpose not to hurt any corporation doing a legitimate

business—on the contrary to help it—and, on the other hand, not to

spare any corporation which may be guilty of illegal practices, or

the methods of which may make it a menace to the public welfare. Some

substantial good will be done in the immediate future; and as the

Department gets fairly to work under the law an ever larger vista for

good work will be opened along the lines indicated. The enactment

of this law is one of the most significant contributions which have

been made in our time toward the proper solution of the problem of

the relations to the people of the great corporations and corporate

combinations.

But much though this is, it is only a part of what has been done in

the effort to ascertain and correct improper trust or monopolistic

practices. Some eighteen months ago the Industrial Commission, an

able and non-partisan body, reported to Congress the result of

their investigation of trusts and industrial combinations. One of

the most important of their conclusions was that discriminations in

freight rates and facilities were granted favored shippers by the

railroads and that these discriminations clearly tended toward the

control of production and prices in many fields of business by large

combinations. That this conclusion was justifiable was shown by the

disclosures in the investigation of railroad methods pursued in the

fall and winter of 1901-1902. It was then shown that certain trunk

lines had entered into unlawful agreements as to the transportation

of food products from the West to the Atlantic seaboard, giving a few

favored shippers rates much below the tariff charges imposed upon the

smaller dealers and the general public. These unjust practices had

prevailed to such an extent and for so long a time that many of the

smaller shippers had been driven out of business, until practically

one buyer of grain on each railway system had been able by his illegal

advantages to secure a monopoly on the line with which his secret

compact was made; this monopoly enabling him to fix the price to

both producer and consumer. Many of the great packing house concerns

were shown to be in combination with each other and with most of the

great railway lines, whereby they enjoyed large secret concessions

in rates and thus obtained a practical monopoly of the fresh and

cured meat industry of the country. These fusions, though violative

of the statute, had prevailed unchecked for so many years that they

had become intrenched in and interwoven with the commercial life of

certain large distributing localities; although this was of course at

the expense of the vast body of law-abiding merchants, the general

public, and particularly of unfavored localities.

Under those circumstances it was a serious problem to determine

the wise course to follow in vitalizing a law which had in part

become obsolete or proved incapable of enforcement. Of what the

Attorney-General did in enforcing it I shall speak later. The

decisions of the courts upon the law had betrayed weaknesses and

imperfections, some of them so serious as to render abortive efforts

to apply any effective remedy for the existing evils.

It is clear that corporations created for quasi public purposes,

clothed for that reason with the ultimate power of the state to take

private property against the will of the owner, hold their corporate

powers as carriers in trust for the fairly impartial service of all

the public. Favoritism in the use of such powers, unjustly enriching

some and unjustly impoverishing others, discriminating in favor

of some places and against others, is palpably violative of plain

principles of justice. Such a practice unchecked is hurtful in

many ways. Congress, having had its attention drawn to the matter,

enacted a most important anti-rebate law, which greatly strengthens

the interstate commerce law. This new law prohibits under adequate

penalties the giving and as well the demanding or receiving of such

preferences, and provides the preventive remedy of injunction. The

vigorous administration of this law—and it will be enforced—will, it

is hoped, afford a substantial remedy for certain trust evils which

have attracted public attention and have created public unrest.

This law represents a noteworthy and important advance toward just

and effective regulation of transportation. Moreover, its passage

has been supplemented by the enactment of a law to expedite the

hearing of actions of public moment under the anti-trust act, known

as the Sherman law, and under the act to regulate commerce, at the

request of the Attorney-General; and furthermore, additional funds

have been appropriated to be expended under the direction of the

Attorney-General in the enforcement of these laws.

All of this represents a great and substantial advance in legislation.

But more important even than legislation is the administration of the

law, and I ask your attention for a moment to the way in which the

law has been administered by the profound jurist and fearless public

servant who now occupies the position of Attorney-General, Mr. Knox.

The Constitution enjoins upon the President that he shall take care

that the laws be faithfully executed, and under this provision the

Attorney-General formulated a policy which was in effect nothing but

the rigid enforcement, by suits managed with consummate skill and

ability, both of the anti-trust law and of the imperfect provisions of

the act to regulate commerce. The first step taken was the prosecution

of fourteen suits against the principal railroads of the Middle West,

restraining them by injunction from further violations of either of

the laws in question.

About the same time the case against the Northern Securities Company

was initiated. This was a corporation organized under the laws of

the State of New Jersey with a capital of four hundred million

dollars, the alleged purpose being to control the Great Northern

and the Northern Pacific railroad companies, two parallel and

competing lines extending across the northern tier of States from

the Mississippi River to the Pacific Ocean. Whatever the purpose,

its consummation would have resulted in the control of the two great

railway systems—upon which the people of the Northwestern States were

so largely dependent for their supplies and to get their products

to market—being practically merged into the New Jersey corporation.

The proposition that these independent systems of railroads should

be merged under a single control alarmed the people of the States

concerned, lest they be subjected to what they deemed a monopoly

of interstate transportation and the suppression of competition.

The Governors of the States most deeply affected held a meeting

to consider how to prevent the merger becoming effective and

passed resolutions calling upon the National Government to enforce

the anti-trust laws against the alleged combination. When these

resolutions were referred to the Attorney-General for consideration

and advice, he reported that in his opinion the Northern Securities

Company and its control of the railroads mentioned was a combination

in restraint of trade, and was attempting a monopoly in violation of

the national anti-trust law. Thereupon a suit in equity, which is now

pending, was begun by the Government to test the validity of this

transaction under the Sherman law.

At nearly the same time the disclosures respecting the secret

rebates enjoyed by the great packing house companies, coupled with

the very high price of meats, led the Attorney-General to direct an

investigation into the methods of the so-called beef trust. The

result was that he filed bills for injunction against six of the

principal packing house companies, and restrained them from combining

and agreeing upon prices at which they would sell their products in

States other than those in which their meats were prepared for market.

Writs of injunction were issued accordingly, and since then, after

full argument, the United States Circuit Court has made the injunction

perpetual.

The cotton interests of the South, including growers, buyers, and

shippers, made complaint that they were suffering great injury in

their business from the methods of the Southern railroads in the

handling and transportation of cotton. They alleged that these

railroads, by combined action under a pooling arrangement to support

their rate schedules, had denied to the shippers the right to elect

over what roads their commodities should be shipped, and that

by dividing upon a fixed basis the cotton crop of the South all

inducement to compete in rates for the transportation thereof was

eliminated. Proceedings were instituted by the Attorney-General under

the anti-trust law, which resulted in the destruction of the pool

and in restoring to the growers and shippers of the South the right

to ship their products over any road they elected, thus removing the

restraint upon the freedom of commerce.

In November, 1902, the Attorney-General directed that a bill for

an injunction be filed in the United States Circuit Court at San

Francisco against the Federal Salt Company—a corporation which had

been organized under the laws of an Eastern State, but had its main

office and principal place of business in California—and against a

number of other companies and persons constituting what was known

as the salt trust. These injunctions were to restrain the execution

of certain contracts between the Federal Salt Company and the other

defendants, by which the latter agreed neither to import nor buy or

sell salt, except from and to the Federal Salt Company, and not to

engage or assist in the production of salt west of the Mississippi

River during the continuance of such contracts. As the result of these

agreements the price of salt had been advanced about four hundred per

cent. A temporary injunction order was obtained, which the defendants

asked the court to modify on the ground that the anti-trust law had no

application to contracts for purchases and sales within a State. The

Circuit Court overruled this contention and sustained the Government’s

position. This practically concluded the case, and it is understood

that in consequence the Federal Salt Company is about to be dissolved

and that no further contest will be made.

The above is a brief outline of the most important steps, legislative

and administrative, taken during the past eighteen months in the

direction of solving, so far as at present it seems practicable by

national legislation or administration to solve, what we call the

trust problem. They represent a sum of very substantial achievement.

They represent a successful effort to devise and apply real remedies;

an effort which so far succeeded because it was made not only

with resolute purpose and determination, but also in a spirit of

common-sense and justice, as far removed as possible from rancor,

hysteria, and unworthy demagogic appeal. In the same spirit the laws

will continue to be enforced. Not only is the legislation recently

enacted effective, but in my judgment it was impracticable to attempt

more. Nothing of value is to be expected from ceaseless agitation

for radical and extreme legislation. The people may wisely, and with

confidence, await the results which are reasonably to be expected from

the impartial enforcement of the laws which have recently been placed

upon the statute books. Legislation of a general and indiscriminate

character would be sure to fail, either because it would involve all

interests in a common ruin, or because it would not really reach any

evil. We have endeavored to provide a discriminating adaptation of the

remedy to the real mischief.

Many of the alleged remedies advocated are of the unpleasantly drastic

type which seeks to destroy the disease by killing the patient. Others

are so obviously futile that it is somewhat difficult to treat them

seriously or as being advanced in good faith. High among the latter I

place the effort to reach the trust question by means of the tariff.

You can, of course, put an end to the prosperity of the trusts by

putting an end to the prosperity of the Nation; but the price for

such action seems high. The alternative is to do exactly what has been

done during the life of the Congress which has just closed—that is,

to endeavor, not to destroy corporations, but to regulate them with

a view of doing away with whatever is of evil in them and of making

them subserve the public use. The law is not to be administered in

the interest of the poor man as such, nor yet in the interest of the

rich man as such, but in the interest of the law-abiding man, rich or

poor. We are no more against organizations of capital than against

organizations of labor. We welcome both, demanding only that each

shall do right and shall remember its duty to the Republic. Such a

course we consider not merely a benefit to the poor man, but a benefit

to the rich man. We do no man an injustice when we require him to obey

the law. On the contrary, if he is a man whose safety and well-being

depend in a peculiar degree upon the existence of the spirit of law

and order, we are rendering him the greatest service when we require

him to be himself an exemplar of that spirit.

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