Now, to preserve the general welfare, to see to it that the rights of

the public are protected, and the liberty of the individual secured and

encouraged as long as consistent with this welfare, and curbed when it

becomes inconsistent therewith, it is necessary to invoke the aid of the

Government. There are points in which this governmental aid can best be

rendered by the States; that is, where the exercise of States’ rights

helps to secure popular rights, and as to these I believe in States’

rights. But there are large classes of cases where only the authority of

the National Government will secure the rights of the people, and where

this is the case I am a convinced and a thoroughgoing believer in the

rights of the National Government. Big business, for instance, is no

longer an affair of any one State; big business has become nationalized;

and the only effective way of controlling and directing it, and

preventing abuses in connection with it, is by having the people

nationalize this control in order to prevent their being exploited by

the individuals who have nationalized the business. All commerce on a

scale sufficiently large to warrant any control over it by Government is

nowadays inter-State or foreign commerce; and until this fact is

heartily acknowledged, in particular by both courts and legislative

bodies, National and State alike, the interest of the people will

suffer.

Take the question of the control of the water power sites. The enormous

importance of water power sites to the future industrial development of

this country has only been realized within a very few years.

Unfortunately, the realization has come too late as regards many of the

power sites, but many yet remain with which our hands are free to deal.

We should make it our duty to see that hereafter the power sites are

kept under the control of the general Government for the use of the

people as a whole. The fee should remain with the people as a whole,

while the use is leased on terms which will secure an ample reward to

the lessees, which will encourage the development and use of the water

power, but which will not create a permanent monopoly or permit the

development to be anti-social, to be in any respect hostile to the

public good.

In this country, nowadays, capital has a National and not a State use.

The great corporations which are managed and largely owned in the older

States are those which are most in evidence in developing and using the

mines and water powers and forests of the new Territories and new

States, from Alaska to Arizona. I have been genuinely amused during the

past two months at having arguments presented to me on behalf of certain

rich men from New York and Ohio, for instance, as to why Colorado and

other Rocky Mountain States should manage their own water power sites.

Now I am sure that those men, according to their lights, are good

citizens; but, naturally enough, their special interest obscures their

sense of the public need; and as their object is to escape efficient

control, they clamor to be put under the State instead of under the

Nation. If we are foolish enough to grant their requests, we shall have

ourselves to blame when we wake up to find that we have permitted

another privilege to intrench itself, and another portion of what should

be kept for the public good to be turned over to individuals for

purposes of private enrichment.

Our people have for many years proceeded upon the assumption that the

Nation controls the public land. The coal should be kept for the people,

and those who mine it should pay part of the profit back to the people.

Remember also that many of the men who protest loudly against effective

National action would be the first to turn round and protest against the

State action if such action in its turn became effective, and would then

unhesitatingly invoke the law to show that the State had no

Constitutional power to act. I am a strong believer in efficient

National action; and if there is one thing which I abhor more than

another, it is the creation by legislative, by executive, or by judicial

action of a neutral ground in which neither the State nor the Nation has

power, and which can serve as a place of refuge for the lawless man, and

especially for the lawless man of great wealth, who can hire the best

legal counsel to advise him how to keep his abiding-place equally

distant from the uncertain frontier of both State and National power.

Let me illustrate what I mean by a reference to two concrete cases. The

first is the decision of the United States Supreme Court in the Knight

Sugar Trust case. This was really a decision rendering it exceedingly

difficult for the people to devise any method of controlling and

regulating the business use of great capital in inter-State commerce. It

was a decision nominally against National rights, but really against

popular rights, against the democratic principle of government by the

people.

The second case is the so-called New York Bake-Shop case. In New York

City, as in most large cities, the baking business is likely to be

carried on under unhygienic conditions, conditions which tell against

the welfare of the workers, and therefore against the welfare of the

general public. The New York Legislature passed, and the New York

Governor signed, a bill remedying these improper conditions. New York

State was the only body that could deal with them; the Nation had no

power whatever in the matter. Acting on information which to them seemed

ample and sufficient; acting in the interest of the public and in

accordance with the demand of the public, the only governmental

authority having affirmative power in the matter, the Governor and the

Legislature of New York, took the action which they deemed necessary,

after what inquiry and study were needed to satisfy them as to the

conditions and as to the remedy. The Governor and the Legislature alone

had the power to remedy the abuse. But the Supreme Court of the United

States possessed, and unfortunately exercised, the negative power of not

permitting the abuse to be remedied. By a five to four vote they

declared the action of the State of New York unconstitutional. They

were, of course, themselves powerless to make the remotest attempt to

provide a remedy for the wrong which undoubtedly existed, and their

refusal to permit action by the State did not confer any power upon the

Nation to act. In effect, it reduced to impotence the only body which

did have power, so that in this case the decision, although nominally

against State rights, was really against popular rights, against the

democratic principle of government by the people under the forms of law.

If such decisions as these two indicated the Court’s permanent attitude,

there would be real and grave cause of alarm; for such decisions, if

consistently followed up, would upset our whole system of popular

Government. I am, however, convinced, both from the inconsistency of

these decisions with the tenor of other decisions, and furthermore from

the very fact that they are in such flagrant and direct contradiction to

the spirit and needs of the time, that sooner or later they will be

explicitly or implicitly reversed. I mention them merely to illustrate

the need of having a truly National system of government under which the

people can deal effectively with all problems, meeting those that affect

the people as a whole by affirmative Federal action, and those that

merely affect the people of one locality by affirmative State action.

In dealing with future problems like this one of Conservation, we need

to keep in mind the lesson taught by the American pioneer. It is a

lesson that is to be found in the fact that the pioneer is so good an

American. He is an American, first and foremost. The man of the West

throughout the successive stages of Western growth has always been one

of the two or three most typical figures, indeed I am tempted to say the

most typical figure, in American life; and no man can really understand

our country, and appreciate what it really is and what it promises,

unless he has the fullest and closest sympathy with the ideals and

aspirations of the West.

The great lesson that all of us need to learn and to keep is the lesson

that it is unimportant whether a man lives North or South, East or West,

provided that he is genuinely and in good faith an American; that he

feels every part of the United States as his own, and that he is

honestly desirous to uphold the interests of all other Americans in

whatever sections of the country they may dwell.

The Tariff: A Moral Issue

Whenever men just like ourselves—probably not much better, and certainly

no worse—continually fail to give us the results we have a right to

expect from their efforts, we may just as well make up our minds that

the fault lies, not in their personality, but in the conditions under

which they work, and profit comes, not from denouncing them, but in

seeing that the conditions are changed. This is especially true of

tariff-making. It has been conclusively shown, by experiments repeated

again and again, that the methods of tariff-making by Congress, which

have now obtained for so many years, cannot, from the very nature of the

case, bring really satisfactory results. I think that the present tariff

is better than the last, and considerably better than the one before the

last; but it has certainly failed to give general satisfaction. I

believe this country is fully committed to the principle of protection;

but it is to protection as a principle; to protection primarily in the

interest of the standard of living of the American workingman. I believe

that when protection becomes, not a principle, but a privilege and a

preference—or, rather, a jumble of privileges and preferences—then the

American people disapprove of it. Now, to correct the trouble, it is

necessary, in the first place, to get in mind clearly what we want, and,

in the next place, to get in mind clearly the method by which we hope to

obtain what we want. What we want is a square deal in the tariff as in

everything else; a square deal for the wage-earner; a square deal for

the employer; and a square deal for the general public. To obtain it we

must have a thoroughly efficient and well-equipped tariff commission.

The tariff ought to be a material issue and not a moral issue; but if

instead of a square deal we get a crooked deal, then it becomes very

emphatically a moral issue. What we desire in a tariff is such measure

of protection as will equalize the cost of production here and abroad;

and as the cost of production is mainly labor cost, this means primarily

a tariff sufficient to make up for the difference in labor cost here and

abroad. The American public wants the American laboring man put on an

equality with other citizens, so that he shall have the ability to

achieve the American standard of living and the capacity to enjoy it;

and to do this we must see that his wages are not lowered by improper

competition with inferior wage-workers abroad—with wage-workers who are

paid poorly and who live as no Americans are willing to live. But the

American public does not wish to see the tariff so arranged as to

benefit primarily a few wealthy men.

As a means toward the attainment of its end in view we have as yet

devised nothing in any way as effective as a tariff commission. There

should be a commission of well-paid experts; men who should not

represent any industry; who should be masters of their subjects; of the

very highest character; and who should approach the matter with absolute

disregard of every outside consideration. These men should take up in

succession each subject with which the tariff deals and investigate the

conditions of production here and abroad; they should find out the facts

and not merely accept the statements of interested parties; and they

should report to Congress on each subject as soon as that subject has

been covered. Then action can be taken at once on the particular subject

concerned, while the commission immediately proceeds to investigate

another. By these means log-rolling would be avoided and each subject

treated on its merits, while there would be no such shock to general

industry as is implied in the present custom of making sweeping changes

in the whole tariff at once. Finally, it should be the duty of some

Governmental department or bureau to investigate the conditions in the

various protected industries, and see that the laborers really are

getting the benefit of the tariff supposed to be enacted in their

interest. Moreover, to insure good treatment abroad we should keep the

maximum and minimum provision.

The same principle of a first-class outside commission should be applied

to river and harbor legislation. At present a river and harbor bill,

like a tariff bill, tends to be settled by a squabble among a lot of big

selfish interests and little selfish interests, with scant regard to the

one really vital interest, that of the general public. In this matter

the National Legislature would do well to profit by the example of

Massachusetts. Formerly Massachusetts dealt with its land and harbor

legislation just as at Washington tariff and river and harbor laws have

been dealt with; and there was just the same pulling and hauling, the

same bargaining and log-rolling, the same subordination of the general

interest to various special interests. Last year Governor Draper took up

the matter, and on his recommendation the Legislature turned the whole

business over to a commission of experts; and all trouble and scandal

forthwith disappeared. Incidentally, this seems to me to be a

first-class instance of progressive legislation.

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TRANSCRIBER’S NOTES

1. Silently corrected typographical errors and variations in spelling.

2. Archaic, non-standard, and uncertain spellings retained as printed.

3. Enclosed italics font in _underscores_.

American problems · 第 4 / 4 段