Theodore Roosevelt: An Autobiography Part 22

In response to this invitation, which included the colony of Newfoundland, the Commissioners a.s.sembled in the White House on February 18, 1909. The American Commissioners were Gifford Pinchot, Robert Bacon, and James R. Garfield. After a session continuing through five days, the Conference united in a declaration of principles, and suggested to the President of the United States "that all nations should be invited to join together in conference on the subject of world resources, and their inventory, conservation, and wise utilization." Accordingly, on February 19, 1909, Robert Bacon, Secretary of State, addressed to forty-five nations a letter of invitation "to send delegates to a conference to be held at The Hague at such date to be found convenient, there to meet and consult the like delegates of the other countries, with a view of considering a general plan for an inventory of the natural resources of the world and to devising a uniform scheme for the expression of the results of such inventory, to the end that there may be a general understanding and appreciation of the world's supply of the material elements which underlie the development of civilization and the welfare of the peoples of the earth." After I left the White House the project lapsed.

Throughout the early part of my Administration the public land policy was chiefly directed to the defense of the public lands against fraud and theft. Secretary Hitchc.o.c.k's efforts along this line resulted in the Oregon land fraud cases, which led to the conviction of Senator Mitch.e.l.l, and which made Francis J. Heney known to the American people as one of their best and most effective servants. These land fraud prosecutions under Mr. Heney, together with the study of the public lands which preceded the pa.s.sage of the Reclamation Act in 1902, and the investigation of land t.i.tles in the National Forests by the Forest Service, all combined to create a clearer understanding of the need of land law reform, and thus led to the appointment of the Public Lands Commission. This Commission, appointed by me on October 22, 1903, was directed to report to the President: "Upon the condition, operation, and effect of the present land laws, and to recommend such changes as are needed to effect the largest practicable disposition of the public lands to actual settlers who will build permanent homes upon them, and to secure in permanence the fullest and most effective use of the resources of the public lands." It proceeded without loss of time to make a personal study on the ground of public land problems throughout the West, to confer with the Governors and other public men most concerned, and to a.s.semble the information concerning the public lands, the laws and decisions which governed them, and the methods of defeating or evading those laws, which was already in existence, but which remained unformulated in the records of the General Land Office and in the mind of its employees. The Public Lands Commission made its first preliminary report on March 7, 1904. It found "that the present land laws do not fit the conditions of the remaining public lands," and recommended specific changes to meet the public needs. A year later the second report of the Commission recommended still further changes, and said "The fundamental fact that characterizes the situation under the present land laws is this, that the number of patents issued is increasing out of all proportion to the number of new homes." This report laid the foundation of the movement for Government control of the open range, and included by far the most complete statement ever made of the disposition of the public domain.

Among the most difficult topics considered by the Public Lands Commission was that of the mineral land laws. This subject was referred by the Commission to the American Inst.i.tute of Mining Engineers, which reported upon it through a Committee. This Committee made the very important recommendation, among others, "that the Government of the United States should retain t.i.tle to all minerals, including coal and oil, in the lands of unceded territory, and lease the same to individuals or corporations at a fixed rental." The necessity for this action has since come to be very generally recognized. Another recommendation, since partly carried into effect, was for the separation of the surface and the minerals in lands containing coal and oil.

Our land laws have of recent years proved inefficient; yet the land laws themselves have not been so much to blame as the lax, unintelligent, and often corrupt administration of these laws. The appointment on March 4, 1907, of James R. Garfield as Secretary of the Interior led to a new era in the interpretation and enforcement of the laws governing the public lands. His administration of the Interior Department was beyond comparison the best we have ever had. It was based primarily on the conception that it is as much the duty of public land officials to help the honest settler get t.i.tle to his claim as it is to prevent the looting of the public lands. The essential fact about public land frauds is not merely that public property is stolen, but that every claim fraudulently acquired stands in the way of the making of a home or a livelihood by an honest man.

As the study of the public land laws proceeded and their administration improved, a public land policy was formulated in which the saving of the resources on the public domain for public use became the leading principle. There followed the withdrawal of coal lands as already described, of oil lands and phosphate lands, and finally, just at the end of the Administration, of water-power sites on the public domain.

These withdrawals were made by the Executive in order to afford to Congress the necessary opportunity to pa.s.s wise laws dealing with their use and disposal; and the great crooked special interests fought them with incredible bitterness.

Among the men of this Nation interested in the vital problems affecting the welfare of the ordinary hard-working men and women of the Nation, there is none whose interest has been more intense, and more wholly free from taint of thought of self, than that of Thomas Watson, of Georgia.

While President I often discussed with him the condition of women on the small farms, and on the frontier, the hardship of their lives as compared with those of the men, and the need for taking their welfare into consideration in whatever was done for the improvement of life on the land. I also went over the matter with C. S. Barrett, of Georgia, a leader in the Southern farmers' movement, and with other men, such as Henry Wallace, Dean L. H. Bailey, of Cornell, and Kenyon b.u.t.terfield.

One man from whose advice I especially profited was not an American, but an Irishman, Sir Horace Plunkett. In various conversations he described to me and my close a.s.sociates the reconstruction of farm life which had been accomplished by the Agricultural Organization Society of Ireland, of which he was the founder and the controlling force; and he discussed the application of similar methods to the improvements of farm life in the United States. In the spring of 1908, at my request, Plunkett conferred on the subject with Garfield and Pinchot, and the latter suggested to him the appointment of a Commission on Country Life as a means for directing the attention of the Nation to the problems of the farm, and for securing the necessary knowledge of the actual conditions of life in the open country. After long discussion a plan for a Country Life Commission was laid before me and approved. The appointment of the Commission followed in August, 1908. In the letter of appointment the reasons for creating the Commission were set forth as follows: "I doubt if any other nation can bear comparison with our own in the amount of attention given by the Government, both Federal and State, to agricultural matters. But practically the whole of this effort has. .h.i.therto been directed toward increasing the production of crops. Our attention has been concentrated almost exclusively on getting better farming. In the beginning this was unquestionably the right thing to do.

The farmer must first of all grow good crops in order to support himself and his family. But when this has been secured, the effort for better farming should cease to stand alone, and should be accompanied by the effort for better business and better living on the farm. It is at least as important that the farmer should get the largest possible return in money, comfort, and social advantages from the crops he grows, as that he should get the largest possible return in crops from the land he farms. Agriculture is not the whole of country life. The great rural interests are human interests, and good crops are of little value to the farmer unless they open the door to a good kind of life on the farm."

The Commission on Country Life did work of capital importance. By means of a widely circulated set of questions the Commission informed itself upon the status of country life throughout the Nation. Its trip through the East, South, and West brought it into contact with large numbers of practical farmers and their wives, secured for the Commissioners a most valuable body of first-hand information, and laid the foundation for the remarkable awakening of interest in country life which has since taken place throughout the Nation.

One of the most illuminating--and incidentally one of the most interesting and amusing--series of answers sent to the Commission was from a farmer in Missouri. He stated that he had a wife and 11 living children, he and his wife being each 52 years old; and that they owned 520 acres of land without any mortgage hanging over their heads. He had himself done well, and his views as to why many of his neighbors had done less well are ent.i.tled to consideration. These views are expressed in terse and vigorous English; they cannot always be quoted in full. He states that the farm homes in his neighborhood are not as good as they should be because too many of them are enc.u.mbered by mortgages; that the schools do not train boys and girls satisfactorily for life on the farm, because they allow them to get an idea in their heads that city life is better, and that to remedy this practical farming should be taught. To the question whether the farmers and their wives in his neighborhood are satisfactorily organized, he answers: "Oh, there is a little one-horse grange gang in our locality, and every darned one thinks they ought to be a king." To the question, "Are the renters of farms in your neighborhood making a satisfactory living?" he answers: "No; because they move about so much hunting a better job." To the question, "Is the supply of farm labor in your neighborhood satisfactory?" the answer is: "No; because the people have gone out of the baby business"; and when asked as to the remedy, he answers, "Give a pension to every mother who gives birth to seven living boys on American soil." To the question, "Are the conditions surrounding hired labor on the farm in your neighborhood satisfactory to the hired men?" he answers: "Yes, unless he is a drunken cuss," adding that he would like to blow up the stillhouses and root out whiskey and beer. To the question, "Are the sanitary conditions on the farms in your neighborhood satisfactory?" he answers: "No; too careless about chicken yards, and the like, and poorly covered wells. In one well on neighbor's farm I counted seven snakes in the wall of the well, and they used the water daily: his wife dead now and he is looking for another." He ends by stating that the most important single thing to be done for the betterment of country life is "good roads"; but in his answers he shows very clearly that most important of all is the individual equation of the man or woman.

Like the rest of the Commissions described in this chapter, the Country Life Commission cost the Government not one cent, but laid before the President and the country a ma.s.s of information so accurate and so vitally important as to disturb the serenity of the advocates of things as they are; and therefore it incurred the bitter opposition of the reactionaries. The report of the Country Life Commission was transmitted to Congress by me on February 9, 1909. In the accompanying message I asked for $25,000 to print and circulate the report and to prepare for publication the immense amount of valuable material collected by the Commission but still unpublished. The reply made by Congress was not only a refusal to appropriate the money, but a positive prohibition against continuing the work. The Tawney amendment to the Sundry Civil bill forbade the President to appoint any further Commissions unless specifically authorized by Congress to do so. Had this prohibition been enacted earlier _and complied with_, it would have prevented the appointment of the six Roosevelt commissions. But I would not have complied with it. Mr. Tawney, one of the most efficient representatives of the cause of special privilege as against public interest to be found in the House, was later, in conjunction with Senator Hale and others, able to induce my successor to accept their view. As what was almost my last official act, I replied to Congress that if I did not believe the Tawney amendment to be unconst.i.tutional I would veto the Sundry Civil bill which contained it, and that if I were remaining in office I would refuse to obey it. The memorandum ran in part:

"The chief object of this provision, however, is to prevent the Executive repeating what it has done within the last year in connection with the Conservation Commission and the Country Life Commission. It is for the people of the country to decide whether or not they believe in the work done by the Conservation Commission and by the Country Life Commission. . . .

"If they believe in improving our waterways, in preventing the waste of soil, in preserving the forests, in thrifty use of the mineral resources of the country for the nation as a whole rather than merely for private monopolies, in working for the betterment of the condition of the men and women who live on the farms, then they will unstintedly condemn the action of every man who is in any way responsible for inserting this provision, and will support those members of the legislative branch who opposed its adoption. I would not sign the bill at all if I thought the provision entirely effective. But the Congress cannot prevent the President from seeking advice. Any future President can do as I have done, and ask disinterested men who desire to serve the people to give this service free to the people through these commissions. . . .

"My successor, the President-elect, in a letter to the Senate Committee on Appropriations, asked for the continuance and support of the Conservation Commission. The Conservation Commission was appointed at the request of the Governors of over forty States, and almost all of these States have since appointed commissions to cooperate with the National Commission. Nearly all the great national organizations concerned with natural resources have been heartily cooperating with the commission.

"With all these facts before it, the Congress has refused to pa.s.s a law to continue and provide for the commission; and it now pa.s.ses a law with the purpose of preventing the Executive from continuing the commission at all. The Executive, therefore, must now either abandon the work and reject the cooperation of the States, or else must continue the work personally and through executive officers whom he may select for that purpose."

The Chamber of Commerce of Spokane, Washington, a singularly energetic and far-seeing organization, itself published the report which Congress had thus discreditably refused to publish.

The work of the Bureau of Corporations, under Herbert Knox Smith, formed an important part of the Conservation movement almost from the beginning. Mr. Smith was a member of the Inland Waterways Commission and of the National Conservation Commission and his Bureau prepared material of importance for the reports of both. The investigation of standing timber in the United States by the Bureau of Corporations furnished for the first time a positive knowledge of the facts. Over nine hundred counties in timbered regions were covered by the Bureau, and the work took five years. The most important facts ascertained were that forty years ago three-fourths of the standing timber in the United States was publicly owned, while at the date of the report four-fifths of the timber in the country was in private hands. The concentration of private ownership had developed to such an amazing extent that about two hundred holders owned nearly one-half of all privately owned timber in the United States; and of this the three greatest holders, the Southern Pacific Railway, the Northern Pacific Railway, and the Weyerhaeuser Timber Company, held over ten per cent. Of this work, Mr. Smith says:

"It was important, indeed, to know the facts so that we could take proper action toward saving the timber still left to the public. But of far more importance was the light that this history (and the history of our other resources) throws on the basic att.i.tude, tradition and governmental beliefs of the American people. The whole standpoint of the people toward the proper aim of government, toward the relation of property to the citizen, and the relation of property to the government, were brought out first by this Conservation work."

The work of the Bureau of Corporations as to water power was equally striking. In addition to bringing the concentration of water-power control first prominently to public attention, through material furnished for my message in my veto of the James River Dam Bill, the work of the Bureau showed that ten great interests and their allies held nearly sixty per cent of the developed water power of the United States.

Says Commissioner Smith: "Perhaps the most important thing in the whole work was its clear demonstration of the fact that the only effective place to control water power in the public interest is at the power sites; that as to powers now owned by the public it is absolutely essential that the public shall retain t.i.tle. . . . The only way in which the public can get back to itself the margin of natural advantage in the water-power site is to rent that site at a rental which, added to the cost of power production there, will make the total cost of water power about the same as fuel power, and then let the two sell at the same price, i. e., the price of fuel power."

Of the fight of the water-power men for States Rights at the St. Paul Conservation Congress in September, 1909, Commissioner Smith says:

"It was the first open sign of the shift of the special interests to the Democratic party for a logical political reason, namely, because of the availability of the States Rights idea for the purposes of the large corporations. It marked openly the turn of the tide."

Mr. Smith brought to the attention of the Inland Waterways Commission the overshadowing importance to waterways of their relation with railroad lines, the fact that the bulk of the traffic is long distance traffic, that it cannot pa.s.s over the whole distance by water, while it can go anywhere by rail, and that therefore the power of the rail lines to pro-rate or not to pro-rate, with water lines really determines the practical value of a river channel. The controlling value of terminals and the fact that out of fifty of our leading ports, over half the active water frontage in twenty-one ports was controlled by the railroads, was also brought to the Commission's attention, and reports of great value were prepared both for the Inland Waterways Commission and for the National Conservation Commission. In addition to developing the basic facts about the available timber supply, about waterways, water power, and iron ore, Mr. Smith helped to develop and drive into the public conscience the idea that the people ought to retain t.i.tle to our natural resources and handle them by the leasing system.

The things accomplished that have been enumerated above were of immediate consequence to the economic well-being of our people. In addition certain things were done of which the economic bearing was more remote, but which bore directly upon our welfare, because they add to the beauty of living and therefore to the joy of life. Securing a great artist, Saint-Gaudens, to give us the most beautiful coinage since the decay of h.e.l.lenistic Greece was one such act. In this case I had power myself to direct the Mint to employ Saint-Gaudens. The first, and most beautiful, of his coins were issued in thousands before Congress a.s.sembled or could intervene; and a great and permanent improvement was made in the beauty of the coinage. In the same way, on the advice and suggestion of Frank Millet, we got some really capital medals by sculptors of the first rank. Similarly, the new buildings in Washington were erected and placed in proper relation to one another, on plans provided by the best architects and landscape architects. I also appointed a Fine Arts Council, an unpaid body of the best architects, painters, and sculptors in the country, to advise the Government as to the erection and decoration of all new buildings. The "pork-barrel"

Senators and Congressmen felt for this body an instinctive, and perhaps from their standpoint a natural, hostility; and my successor a couple of months after taking office revoked the appointment and disbanded the Council.

Even more important was the taking of steps to preserve from destruction beautiful and wonderful wild creatures whose existence was threatened by greed and wantonness. During the seven and a half years closing on March 4, 1909, more was accomplished for the protection of wild life in the United States than during all the previous years, excepting only the creation of the Yellowstone National Park. The record includes the creation of five National Parks--Crater Lake, Oregon; Wind Cave, South Dakota; Platt, Oklahoma; Sully Hill, North Dakota, and Mesa Verde, Colorado; four big game refuges in Oklahoma, Arizona, Montana, and Washington; fifty-one bird reservations; and the enactment of laws for the protection of wild life in Alaska, the District of Columbia, and on National bird reserves. These measures may be briefly enumerated as follows:

The enactment of the first game laws for the Territory of Alaska in 1902 and 1908, resulting in the regulation of the export of heads and trophies of big game and putting an end to the slaughter of deer for hides along the southern coast of the Territory.

The securing in 1902 of the first appropriation for the preservation of buffalo and the establishment in the Yellowstone National Park of the first and now the largest herd of buffalo belonging to the Government.

The pa.s.sage of the Act of January 24, 1905, creating the Wichita Game Preserves, the first of the National game preserves. In 1907, 12,000 acres of this preserve were inclosed with a woven wire fence for the reception of the herd of fifteen buffalo donated by the New York Zoological Society.

The pa.s.sage of the Act of June 29, 1906, providing for the establishment of the Grand Canyon Game Preserve of Arizona, now comprising 1,492,928 acres.

The pa.s.sage of the National Monuments Act of June 8, 1906, under which a number of objects of scientific interest have been preserved for all time. Among the Monuments created are Muir Woods, Pinnacles National Monument in California, and the Mount Olympus National Monument, Washington, which form important refuges for game.

The pa.s.sage of the Act of June 30, 1906, regulating shooting in the District of Columbia and making three-fourths of the environs of the National Capital within the District in effect a National Refuge.

The pa.s.sage of the Act of May 23, 1908, providing for the establishment of the National Bison Range in Montana. This range comprises about 18,000 acres of land formerly in the Flathead Indian Reservation, on which is now established a herd of eighty buffalo, a nucleus of which was donated to the Government by the American Bison Society.

The issue of the Order protecting birds on the Niobrara Military Reservation, Nebraska, in 1908, making this entire reservation in effect a bird reservation.

The establishment by Executive Order between March 14, 1903, and March 4, 1909, of fifty-one National Bird Reservations distributed in seventeen States and Territories from Porto Rico to Hawaii and Alaska.

The creation of these reservations at once placed the United States in the front rank in the world work of bird protection. Among these reservations are the celebrated Pelican Island rookery in Indian River, Florida; the Mosquito Inlet Reservation, Florida, the northernmost home of the manatee; the extensive marshes bordering Klamath and Malhuer Lakes in Oregon, formerly the scene of slaughter of ducks for market and ruthless destruction of plume birds for the millinery trade; the Tortugas Key, Florida, where, in connection with the Carnegie Inst.i.tute, experiments have been made on the homing instinct of birds; and the great bird colonies on Laysan and sister islets in Hawaii, some of the greatest colonies of sea birds in the world.

CHAPTER XII

THE BIG STICK AND THE SQUARE DEAL

One of the vital questions with which as President I had to deal was the att.i.tude of the Nation toward the great corporations. Men who understand and practice the deep underlying philosophy of the Lincoln school of American political thought are necessarily Hamiltonian in their belief in a strong and efficient National Government and Jeffersonian in their belief in the people as the ultimate authority, and in the welfare of the people as the end of Government. The men who first applied the extreme Democratic theory in American life were, like Jefferson, ultra individualists, for at that time what was demanded by our people was the largest liberty for the individual. During the century that had elapsed since Jefferson became President the need had been exactly reversed.

There had been in our country a riot of individualistic materialism, under which complete freedom for the individual--that ancient license which President Wilson a century after the term was excusable has called the "New" Freedom--turned out in practice to mean perfect freedom for the strong to wrong the weak. The total absence of governmental control had led to a portentous growth in the financial and industrial world both of natural individuals and of artificial individuals--that is, corporations. In no other country in the world had such enormous fortunes been gained. In no other country in the world was such power held by the men who had gained these fortunes; and these men almost always worked through, and by means of, the giant corporations which they controlled. The power of the mighty industrial overlords of the country had increased with giant strides, while the methods of controlling them, or checking abuses by them, on the part of the people, through the Government, remained archaic and therefore practically impotent. The courts, not unnaturally, but most regrettably, and to the grave detriment of the people and of their own standing, had for a quarter of a century been on the whole the agents of reaction, and by conflicting decisions which, however, in their sum were hostile to the interests of the people, had left both the nation and the several States well-nigh impotent to deal with the great business combinations.

Sometimes they forbade the Nation to interfere, because such interference trespa.s.sed on the rights of the States; sometimes they forbade the States to interfere (and often they were wise in this), because to do so would trespa.s.s on the rights of the Nation; but always, or well-nigh always, their action was negative action against the interests of the people, ingeniously devised to limit their power against wrong, instead of affirmative action giving to the people power to right wrong. They had rendered these decisions sometimes as upholders of property rights against human rights, being especially zealous in securing the rights of the very men who were most competent to take care of themselves; and sometimes in the name of liberty, in the name of the so-called "new freedom," in reality the old, old "freedom,"

which secured to the powerful the freedom to prey on the poor and the helpless.

One of the main troubles was the fact that the men who saw the evils and who tried to remedy them attempted to work in two wholly different ways, and the great majority of them in a way that offered little promise of real betterment. They tried (by the Sherman law method) to bolster up an individualism already proved to be both futile and mischievous; to remedy by more individualism the concentration that was the inevitable result of the already existing individualism. They saw the evil done by the big combinations, and sought to remedy it by destroying them and restoring the country to the economic conditions of the middle of the nineteenth century. This was a hopeless effort, and those who went into it, although they regarded themselves as radical progressives, really represented a form of sincere rural toryism. They confounded monopolies with big business combinations, and in the effort to prohibit both alike, instead of where possible prohibiting one and drastically controlling the other, they succeeded merely in preventing any effective control of either.

On the other hand, a few men recognized that corporations and combinations had become indispensable in the business world, that it was folly to try to prohibit them, but that it was also folly to leave them without thoroughgoing control. These men realized that the doctrines of the old laissez faire economists, of the believers in unlimited compet.i.tion, unlimited individualism, were in the actual state of affairs false and mischievous. They realized that the Government must now interfere to protect labor, to subordinate the big corporation to the public welfare, and to shackle cunning and fraud exactly as centuries before it had interfered to shackle the physical force which does wrong by violence.

The big reactionaries of the business world and their allies and instruments among politicians and newspaper editors took advantage of this division of opinion, and especially of the fact that most of their opponents were on the wrong path; and fought to keep matters absolutely unchanged. These men demanded for themselves an immunity from governmental control which, if granted, would have been as wicked and as foolish as immunity to the barons of the twelfth century. Many of them were evil men. Many others were just as good men as were some of these same barons; but they were as utterly unable as any medieval castle-owner to understand what the public interest really was. There have been aristocracies which have played a great and beneficent part at stages in the growth of mankind; but we had come to the stage where for our people what was needed was a real democracy; and of all forms of tyranny the least attractive and the most vulgar is the tyranny of mere wealth, the tyranny of a plutocracy.

When I became President, the question as to the method by which the United States Government was to control the corporations was not yet important. The absolutely vital question was whether the Government had power to control them at all. This question had not yet been decided in favor of the United States Government. It was useless to discuss methods of controlling big business by the National Government until it was definitely settled that the National Government had the power to control it. A decision of the Supreme Court had, with seeming definiteness, settled that the National Government had not the power.

This decision I caused to be annulled by the court that had rendered it; and the present power of the National Government to deal effectively with the trusts is due solely to the success of the Administration in securing this reversal of its former decision by the Supreme Court.

The Const.i.tution was formed very largely because it had become imperative to give to some central authority the power to regulate and control interstate commerce. At that time when corporations were in their infancy and big combinations unknown, there was no difficulty in exercising the power granted. In theory, the right of the Nation to exercise this power continued unquestioned. But changing conditions obscured the matter in the sight of the people as a whole; and the conscious and the unconscious advocates of an unlimited and uncontrollable capitalism gradually secured the whittling away of the National power to exercise this theoretical right of control until it practically vanished. After the Civil War, with the portentous growth of industrial combinations in this country, came a period of reactionary decisions by the courts which, as regards corporations, culminated in what is known as the Knight case.

The Sherman Anti-Trust Law was enacted in 1890 because the formation of the Tobacco Trust and the Sugar Trust, the only two great trusts then in the country (aside from the Standard Oil Trust, which was a gradual growth), had awakened a popular demand for legislation to destroy monopoly and curb industrial combinations. This demand the Anti-Trust Law was intended to satisfy. The Administrations of Mr. Harrison and Mr.

Cleveland evidently construed this law as prohibiting such combinations in the future, not as condemning those which had been formed prior to its enactment. In 1895, however, the Sugar Trust, whose output originally was about fifty-five per cent of all sugar produced in the United States, obtained control of three other companies in Philadelphia by exchanging its stock for theirs, and thus increased its business until it controlled ninety-eight per cent of the entire product. Under Cleveland, the Government brought proceedings against the Sugar Trust, invoking the Anti-Trust Law, to set aside the acquisition of these corporations. The test case was on the absorption of the Knight Company.

The Supreme Court of the United States, with but one dissenting vote, held adversely to the Government. They took the ground that the power conferred by the Const.i.tution to regulate and control interstate commerce did not extend to the production or manufacture of commodities within a State, and that nothing in the Sherman Anti-Trust Law prohibited a corporation from acquiring all the stock of other corporations through exchange of its stock for theirs, such exchange not being "commerce" in the opinion of the Court, even though by such acquisition the corporation was enabled to control the entire production of a commodity that was a necessary of life. The effect of this decision was not merely the absolute nullification of the Anti-Trust Law, so far as industrial corporations were concerned, but was also in effect a declaration that, under the Const.i.tution, the National Government could pa.s.s no law really effective for the destruction or control of such combinations.

This decision left the National Government, that is, the people of the Nation, practically helpless to deal with the large combinations of modern business. The courts in other cases a.s.serted the power of the Federal Government to enforce the Anti-Trust Law so far as transportation rates by railways engaged in interstate commerce were concerned. But so long as the trusts were free to control the production of commodities without interference from the General Government, they were well content to let the transportation of commodities take care of itself--especially as the law against rebates was at that time a dead letter; and the Court by its decision in the Knight case had interdicted any interference by the President or by Congress with the production of commodities. It was on the authority of this case that practically all the big trusts in the United States, excepting those already mentioned, were formed. Usually they were organized as "holding" companies, each one acquiring control of its const.i.tuent corporations by exchanging its stock for theirs, an operation which the Supreme Court had thus decided could not be prohibited, controlled, regulated, or even questioned by the Federal Government.

Such was the condition of our laws when I acceded to the Presidency.

Just before my accession, a small group of financiers, desiring to profit by the governmental impotence to which we had been reduced by the Knight decision, had arranged to take control of practically the entire railway system in the Northwest--possibly as the first step toward controlling the entire railway system of the country. This control of the Northwestern railway systems was to be effected by organizing a new "holding" company, and exchanging its stock against the stock of the various corporations engaged in railway transportation throughout that vast territory, exactly as the Sugar Trust had acquired control of the Knight company and other concerns. This company was called the Northern Securities Company. Not long after I became President, on the advice of the Attorney-General, Mr. Knox, and through him, I ordered proceedings to be inst.i.tuted for the dissolution of the company. As far as could be told by their utterances at the time, among all the great lawyers in the United States Mr. Knox was the only one who believed that this action could be sustained. The defense was based expressly on the ground that the Supreme Court in the Knight case had explicitly sanctioned the formation of such a company as the Northern Securities Company. The representatives of privilege intimated, and sometimes a.s.serted outright, that in directing the action to be brought I had shown a lack of respect for the Supreme Court, which had already decided the question at issue by a vote of eight to one. Mr. Justice White, then on the Court and now Chief Justice, set forth the position that the two cases were in principle identical with incontrovertible logic. In giving the views of the dissenting minority on the action I had brought, he said: