At the same time a change should never be shirked on the ground of

its being radical, when the abuse has become flagrant and no other

remedy appears possible. This was the case with the taxation of local

franchises in this State. For years most of these franchises escaped

paying their proper share of the public burdens. The last Legislature

placed on the statute book a law requiring them to be treated as

real estate for the purposes of taxation, the tax to be assessed and

collected by the State Assessors for the benefit of the localities

concerned. This marks an immense stride in advance. Of course at first

serious difficulties are sure to arise in enforcing it. The means for

carrying it into effect are very inadequate. There may be delay before

we get from it the substantial additions to the revenue which will

finally accrue, and there may be disappointment to the enthusiasts

who are so apt to hope too much from such legislation. But it will

undoubtedly add largely to the public revenues as soon as it is fairly

in operation, and the amount thus added will increase steadily year

by year. The principle which this law establishes has come to stay.

There will doubtless have to be additional legislation from time

to time to perfect the system as its shortcomings are made evident

in actual practice. But the corporations owning valuable public

franchises must pay their full and proper share of the public burdens.

The franchise tax law is framed with the intent of securing exact and

equal justice, no more and no less. It is not in any way intended as a

means for persecuting or oppressing corporations. It is not intended

to cut down legitimate dividends; still less to cut down wages or

to prevent a just return for the far-sighted business skill of some

captain of industry who has been able to establish a public service

greatly to the advantage of the localities concerned, where before his

time men of less business capacity had failed. But it is intended that

property which derives its value from the grant of a privilege by the

public, shall be taxed proportionately to the value of the privilege

granted. In enforcing this law, much tact, patience, resolution and

judgment will be needed. All these qualities the State Board of Tax

Commissioners have thus far shown. Their salaries are altogether

inadequate, for the new law has immensely increased not only their

responsibilities, but their work. They should be given not only the

needed increase for themselves, but also an appropriation for an

additional number of clerks and experts.

During the year 1899 not a single corporation has received at the

hands of the State of New York one privilege of any kind, sort or

description, by law or otherwise, to which it was not entitled, and

which was not in the public interest; nor has corporate influence

availed against any measure which was in the public interest. At

certain times, and in certain places, corporations have undoubtedly

exerted a corrupting influence in political life; but in this State

for this year it is absolutely true, as shown by the history of every

measure that has come before the Legislature from the franchise tax

down, that no corporate influence has been able to prevail against the

interests of the public.

It has become more and more evident of late years that the State

will have to act in its collective capacity as regards certain

subjects which we have been accustomed to treat as matters affecting

the private citizen only, and that furthermore, it must exercise an

increasing and more rigorous control over other matters which it is

not desirable that it should directly manage. It is neither possible

nor desirable to lay down a general hard and fast rule as to what

this control should be in all cases. There is no possible reason in

pure logic why a city, for instance, should supply its inhabitants

with water, and allow private companies to supply them with gas, any

more than there is why the general government should take charge of

the delivery of letters but not of telegrams. On the other hand, pure

logic has a very restricted application to actual social and civic

life, and there is no possible reason for changing from one system

to the other simply because the change would make our political

system in theory more symmetrical. Obviously it is undesirable that

the government should do anything that private individuals could

do with better results to the community. Everything that tends to

deaden individual initiative is to be avoided, and unless in a given

case there is some very evident gain which will flow from State or

municipal ownership, it should not be adopted. On the other hand,

when private ownership entails grave abuses, and where the work is

of a kind that can be performed with efficiency by the State or

municipality acting in its collective capacity, no theory or tradition

should interfere with our making the change. There is grave danger

in attempting to establish invariable rules; indeed it may be that

each case will have to be determined upon its own merits. In one

instance a private corporation may be able to do the work best. In

another the State or city may do it best. In yet a third, it may be

to the advantage of everybody to give free scope to the power of some

individual captain of industry.

On one point there must be no step backward. There is a consensus of

opinion that New York must own its own water supply. Any legislation

permitting private ownership should be annulled.

Nothing needs closer attention, nothing deserves to be treated with

more courage, caution and sanity, than the relations of the State to

corporate wealth, and indeed to vast individual wealth. For almost

every gain there is a penalty, and the great strides in the industrial

upbuilding of the country, which have on the whole been attended

with marked benefit, have also been attended by no little evil.

Great fortunes are usually made under very complex conditions both

of effort and of surrounding, and the mere fact of the complexity

makes it difficult to deal with the new conditions thus created. The

contrast offered in a highly specialized industrial community between

the very rich and the very poor is exceedingly distressing, and while

under normal conditions the acquirement of wealth by an individual is

necessarily of great incidental benefit to the community as a whole,

yet this is by no means always the case. In our great cities there is

plainly in evidence much wealth contrasted with much poverty, and some

of the wealth has been acquired, or is used, in a manner for which

there is no moral justification.

A profound political and social thinker has recently written: “Wealth

which is expended in multiplying and elaborating real comforts, or

even in pleasures which produce enjoyment at all proportionate to

their cost, will never excite serious indignation. It is the colossal

waste of the means of human happiness in the most selfish and most

vulgar forms of social advertisement and competition that gives a

force to passions which menace the whole future of our civilization.”

But in continuance this writer points out that the only effectual

check lies in the law of public opinion. Any attempt to interfere by

statute in moral questions of this kind, by fettering the freedom of

individual action, would be injurious to a degree far greater than

is the evil aimed at. Probably the large majority of the fortunes

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

mankind, but as an incident to the conferring of great benefits on the

community—whatever the conscious purpose of those amassing them may

have been. The occasional wrongs committed or injuries endured are

on the whole far outweighed by the mass of good which has resulted.

The true questions to be asked are: Has any given individual been

injured by the acquisition of wealth by any man? Were the rights of

that individual, if they have been violated, insufficiently protected

by law? If so, these rights, and all similar rights, ought to be

guaranteed by additional legislation. The point to be aimed at is the

protection of the individual against wrong, not the attempt to limit

and hamper the acquisition and output of wealth.

It is almost equally dangerous either to blink evils and refuse to

acknowledge their existence or to strike at them in a spirit of

ignorant revenge, thereby doing far more harm than is remedied. The

need can be met only by careful study of conditions, and by action

which, while taken boldly and without hesitation, is neither heedless

nor reckless. It is well to remember on the one hand that the adoption

of what is reasonable in the demands of reformers is the surest way to

prevent the adoption of what is unreasonable; and on the other hand

that many of the worst and most dangerous laws which have been put

upon the statute books have been put there by zealous reformers with

excellent intentions.

This problem has a hundred phases. The relation of the capitalist and

the wage-worker makes one; the proper attitude of the State toward

extreme poverty another; the proper attitude of the State toward

the questions of the ownership and running of so-called “public

utilities,” a third. But among all these phases, the one which at this

time has the greatest prominence is the question of what are commonly

termed “trusts,” meaning by the name those vast combinations of

capital, usually flourishing by virtue of some monopolistic element,

which have become so startlingly common a feature in the industrial

revolution which has progressed so rapidly during recent years.

Every new feature of this industrial revolution produces hardship

because in its later stages it has been literally a revolution

instead of an evolution. The new inventions and discoveries and the

new methods of taking advantage of the business facilities afforded

by the extraordinary development of our material civilization have

caused the changes to proceed with such marvelous rapidity, that at

each stage some body of workers finds itself unable to accommodate

itself to the new conditions with sufficient speed to escape

hardship. In the end the accommodation of the class takes place; at

times too late for the well-being of many individuals. The change

which would be unaccompanied by hardship if it came slowly, may

be fraught with severe suffering if it comes too fast, even when

it is in the end beneficial. Occasionally, moreover, the change

is positively deleterious, and very often, even when it is on the

whole beneficial, it has features which are the reverse. In some

cases, while recognizing the evil, it is impossible with our present

knowledge to discover any remedy. In others, a remedy can be applied,

but as yet only at a cost that would make it worse than the trouble

itself. In yet others it is possible, by acting with wisdom, coolness

and fearlessness, to apply a remedy which will wholly or in great

part remove the evil while leaving the good behind. We do not wish to

discourage enterprise. We do not desire to destroy corporations; we do

desire to put them fully at the service of the State and the people.

The machinery of modern business is so vast and complicated that great

caution must be exercised in introducing radical changes for fear

the unforeseen effects may take the shape of widespread disaster.

Moreover, much that is complained about is not really the abuse so

much as the inevitable development of our modern industrial life.

We have moved far away from the old simple days when each community

transacted almost all its work for itself and relied upon outsiders

for but a fraction of the necessaries, and for not a very large

portion even of the luxuries, of life. Very many of the anti-trust

laws which have made their appearance on the statute books of recent

years have been almost or absolutely ineffective because they have

blinked the all-important fact that much of what they thought to do

away with was incidental to modern industrial conditions, and could

not be eliminated unless we were willing to turn back the wheels of

modern progress by also eliminating the forces which had brought

about these industrial conditions. Not only trusts, but the immense

importance of machinery, the congestion of city life, the capacity

to make large fortunes by speculative enterprises, and many other

features of modern existence could be thoroughly changed by doing away

with steam and electricity; but the most ardent denouncer of trusts

would hesitate to advocate so drastic a remedy. What remains for us

to do, as practical men, is to look the conditions squarely in the

face and not to permit the emotional side of the question, which has

its proper place, to blind us to the fact that there are other sides.

We must set about finding out what the real abuses are, with their

causes, and to what extent remedies can be applied.

That abuses exist, and that they are of a very grave character, it

is worse than idle to deny. Just so long as in the business world

unscrupulous cunning is allowed the free rein which, thanks to

the growth of humanity during the past centuries, we now deny to

unscrupulous physical force, then just so long there will be a field

for the best effort of every honest social and civic reformer who

is capable of feeling an impulse of generous indignation and who is

far-sighted enough to appreciate where the real danger to the country

lies. The effects are bad enough when the unscrupulous individual

works by himself. They are much worse when he works in conjunction

with his fellows through a giant corporation or trust. Law is largely

crystallized custom, largely a mass of remedies which have been slowly

evolved to meet the wrongs with which humanity has become thoroughly

familiar. In a simple society only simple forms of wrong can be

committed. There is neither the ability nor the opportunity to inflict

others. A primitive people provides for the punishment of theft,

assault and murder, because the conditions of the existing society

allow the development of thieves and murderers and the commission

of deeds of violence; but it does not provide for the punishment of

forgery because there is nothing to forge, and therefore, no forgers.

The gradual growth of humanitarian sentiment, often unconscious or but

semi-conscious, combined with other causes, step by step emancipated

the serf from bodily subjection to his over-lord; he was then

protected in his freedom by statute; but when he became a factory hand

the conditions were new and there were no laws which prevented the

use of unguarded machinery in the factories, or the abuses of child

labor, forced upon the conscientious employers by the unscrupulous

until legislation put them on an equality. When new evils appear there

is always at first difficulty in finding the proper remedy; and as the

evils grow more complex, the remedies become increasingly difficult

of application. There is no use whatever in seeking to apply a remedy

blindly; yet this is just what has been done in reference to trusts.

Much of the legislation not only proposed but enacted against trusts

is not one whit more intelligent than the mediæval bull against the

comet, and has not been one particle more effective. Yet there can and

must be courageous and effective remedial legislation.

To say that the present system of haphazard license and lack of

supervision and regulation, is the best possible, is absurd. The

men who endeavor to prevent the remedying of real abuses, not only

show callous disregard for the suffering of others, but also weaken

those who are anxious to prevent the adoption of indiscriminate

would-be remedies which would subvert our whole industrial fabric.

The chicanery and the dishonest, even though not technically illegal,

methods through which some great fortunes have been made, are scandals

to our civilization. The man who by swindling or wrongdoing acquires

great wealth for himself at the expense of his fellow, stands as low

morally as any predatory mediæval nobleman and is a more dangerous

member of society. Any law, and any method of construing the law which

will enable the community to punish him, either by taking away his

wealth or by imprisonment, should be welcomed. Of course, such laws

are even more needed in dealing with great corporations or trusts

than with individuals. They are needed quite as much for the sake of

honest corporations as for the sake of the public. The corporation

that manages its affairs honestly has a right to demand protection

against the dishonest corporation. We do not wish to put any burden on

honest corporations. Neither do we wish to put an unnecessary burden

of responsibility on enterprising men for acts which are immaterial;

they should be relieved from such burdens, but held to a rigid

financial accountability for acts that mislead the upright investor or

stockholder, or defraud the public.

The first essential is knowledge of the facts, publicity. Much can be

done at once by amendment of the corporation laws so as to provide for

such publicity as will not work injustice as between business rivals.

The chief abuses alleged to arise from trusts are probably the

following: Misrepresentation or concealment regarding material facts

connected with the organization of an enterprise; the evils connected

with unscrupulous promotion; overcapitalization; unfair competition,

resulting in the crushing out of competitors who themselves do not

act improperly; raising of prices above fair competitive rates; the

wielding of increased power over the wage-earners. Of course none of

these abuses may exist in a particular trust, but in many trusts, as

well as in many corporations not ordinarily called trusts, one or more

of them are evident. Some of these evils could be partially remedied

by a modification of our corporation laws; here we can safely go along

the lines of the more conservative New England States, and probably

not a little farther. Such laws will themselves provide the needed

publicity, and the needed circumstantiality of statement. We should

know authoritatively whether stock represents actual value of plants,

or whether it represents brands or good will; or if not, what it does

represent, if anything. It is desirable to know how much was actually

bought, how much was issued free; and to whom; and, if possible,

for what reason. In the first place, this would be invaluable in

preventing harm being done as among the stockholders, for many of

the grossest wrongs that are perpetrated are those of promoters and

organizers at the expense of the general public who are invited to

take shares in business organizations. In the next place, this would

enable us to see just what the public have a right to expect in the

way of service and taxation. There is no reason whatever for refusing

to tax a corporation because by its own acts it has created a burden

of charges under which it staggers. The extravagant man who builds a

needlessly large house nevertheless pays taxes on the house; and the

corporation which has to pay great sums of interest owing to juggling

transactions in the issue of stocks and bonds has just as little right

to consideration. But very great hardship may result to innocent

purchasers; and publicity by lessening the possibility of this would

also serve the purpose of the State.

Where a trust becomes a monopoly the State has an immediate right to

interfere. Care should be taken not to stifle enterprise or disclose

any facts of a business that are essentially private; but the State

for the protection of the public should exercise the right to inspect,

to examine thoroughly all the workings of great corporations just

as is now done with banks; and wherever the interests of the public

demand it, it should publish the results of its examination. Then, if

there are inordinate profits, competition or public sentiment will

give the public the benefit in lowered prices; and if not, the power

of taxation remains. It is therefore evident that publicity is the one

sure and adequate remedy which we can now invoke. There may be other

remedies, but what these others are we can only find out by publicity,

as the result of investigation. The first requisite is knowledge, full

and complete.

* * * * *

FIRST ADMINISTRATION

INDEX

FIRST ADMINISTRATION

INDEX

A

Achievement, cost of, 92

Adams, John Quincy, President, 12, 87, 745

quoted, 755

William, Rev., 45

Administration, qualities needed for, 352

requirements for a good, 5

Admiral of the Navy, 631

Agencies, Indian, reduction of, 595

Aggression by United States, no, 624

Agitation, ignorant, dangers of, 140

Agitators assist their own enemies, 541

Agricultural Association, New York State, 466

experiment stations, 128

prosperity, 251

questions, 438

Agriculture, Alaskan, 424

competition in, 563

Department of, 127, 249, 303, 305, 440, 557, 559, 681, 684

mining and, 437

work of, 303, 304, 557

work in, great, 557

Aguinaldian oligarchy, 65

Aguinaldo, Emilio, 317

Alabama, 511, 517

Alaska, 204, 243, 326, 328, 338, 393, 421, 638-639, 677-678

agriculture in, 424

boundaries of, 664-667

cable to, 678

coal-land laws in, 677

Congressional Committee in, 639

Delegate from, 639

Delegate from, a, 423

development of, 424-425, 677

Farming lands in, 677

fisheries in, 424, 677

Fisheries Commission in, 678

forests of, 638, 677

future of, 422, 428

gateway to, 428

hatcheries, salmon, 678

importance of, great, 426

Indians in, 678

interest in, 428

land laws of, 638, 677

land patents in, 678

laws on, 423, 638

light-houses in, 678

lumbering in, 424

mineral wealth of, 677

mines of, 424

mining interests in, 665

population of, future, 428

provisional boundary of, 665

purchase of, 422

railroads in, 678

resources of, 429, 638

revenue questions in, 665

roads and trails in, 678

salmon industry in, 424, 638, 678

settlers in, 425

stock-raising in, 677

transportation in, 425

Tribunal, appropriation for, 667

Alaskan Boundary Convention, 665

Boundary Tribunal, 665-666

Treaty, 1867, 664

Albany, New York, 758, 760, 770

Albuquerque, N. M., 368

Alcibiades, galleys of, the, 579

Alfalfa, cultivation of, 305

Alleghany Mountains, 202, 243, 338, 425, 453

Allotment Act, General, 594

Alma Mater, debt to one’s, 458

Alverstone, Lord, 665

America, business position of, 540

debt of, to soldiers, 14

debt of, to Virginia, 453

destiny of, 220

for all Americans, 18

future of, 186, 360, 471

glorious past of, 330

headship of, 297

importance of, growing, 86, 268

mercantile growth of, 393

not aggressive, 578

pre-eminence of, 213, 239

prosperity conditions in, 577

race strains in, 450

true ideals of, 380

united, proofs of, 19

unity of interests in, 373

American, the average, 157, 358, 472

blend of races, an, 450

character of average, 297

creed of the, 607

duty of each, 502

educational advantages, 406

fighting edge of, 487

Federation of Labor, 521

good, the, 136

government, genius of, 430, 434

heritage of valor, 452

humorist, an, quoted, 496

industries, market for, 297

influence, growth of, 395

Nation, founding of, 345

no physical defect in, 510

officer, typical, 589

primacy, 257

Republic, success of the, 287

seamen, 463

shipping, superiority of, 554

ships, need of, 554

spirit, 200, 487-488

steamship line, contract with, 656

true, ideals of the, 409

typical, McKinley a, 398

typical virtues of an, 398

Revolution, Sons of the, 36-39

Americanism, example of, 166

genuine, 124

meaning of, 38

Americans, union of, 168

Amnesty in Philippines, 96

Amusement, true ideal of, 453

Anarchists, Congress and, 535

dangerous criminals, 533

defenders of, 530

exclusion of, 549

Federal Courts and, 535

immigration of, 535

murderers and, 534

protected by law, 536

suppression of, 534

Anarchy, arguments for, foolish, 530

crime against humanity, 535

danger of, in Philippines, 569

despotism and, 534

encouraged by lynching, 527

forerunner of tyranny, 524

freedom and, 529-530

governmental, 17

mob violence a form of, 523

not social discontent, 533

triumph of, 534

war against, 17

Animosity, class and sectional, 619

Annapolis, Md., 38, 120, 412, 633

Naval Academy at, 581

Antagonism to industrial conditions, 538

Anthracite on the free list, 296, 617

Antietam, Md., 482

battle of, 482-488

battlefield of, 507

Antilles, Queen of the, 567

Anti-Rebate Law, 280

Anti-Trust Laws, 322, 649

Anti-Trust Laws, actions under, 283

appropriations for, 612, 660

enforcements of, 282, 284, 612

funds for enforcing, 280

ineffective, 781, 784

(See also Trusts, Corporations, Combinations, etc.)

Antung, China, 674

Appalachian Mountains, 255

Appointments, Civil Service, 680

fixed policy in, 518

merit system in, 591, 644

negro, defended, 516

negro, in South, 516

negro, fewness of, 512

policy in making, 514, 518

whites and negroes in, 511-512

Appomattox, battle of, 486

Appropriation Act (Feb. 25, 1903), 660

Appropriations, Anti-Trust Law, 612, 660

economy in, 654

fraud, 660-662

Arbitration, growth of, 662

international, triumph of, 669

International, Union, 672, 673

international, union for, 672

labor troubles and, 308

peace and, 622-623

The Hague Court of, 669

Architecture of the White House, 644

Arctic Brotherhood, the, 421

Arid lands, reclamation of, 679, 682

reservoirs in, 561

surveys in, 682

Western, 438

Arizona, 158, 362, 369

irrigation in, 370

land-reclamation in, 682

Arlington, D. C., 40, 56

Cemetery, 40

soldiers’ monument at, 53

Armaments, object of, 266

Armies as fighting machines, 492

Presidential addresses and state papers, Volume 2 (of 7) · 第 23 / 27 段