Jasper County Democrat, Volume 7, Number 24, Rensselaer, Jasper County, 17 September 1904 — PARKER ON TRUSTS [ARTICLE]

PARKER ON TRUSTS

James Creelman Shows That the Democratic Candidate Is the Man of the Hour. James Creelman has contributed a iharacter sketch Of Judge Parker to the Review of Reviews in which he throws light on the trust record of the candidate. In part he says: “In 1896, sitting as a trial justice of the supreme court of New York, he decided in the Bluestone trust case that it was immaterial whether a combination in restraint of trade was reasonable or unreasonable. The existence of the power to restrain the trade was forbidden by the common law. In uttering this conception of sound public policy the judge was not bound by any statute. He was not expressing an academic opinion or making a political speech, but was declaring the law as stands today In the state of New York. He was not at that time a candidate for office, nor was his name being discussed publicly in any way. There was no political pressure behind him. He was not even acting In concert with other judges, but, sitting alone In a trial court, was free to deliver his own understanding of settled public policy. Afterward, as chief judge of the court of appeals, a tribunal of last resort, he twice settled the same point in the same way. Quoting Judge Vann’s words, he said of a contract in restraint of trade that it is not the possible capacity of the party for self-restraint, but it is the scope of the contraot that furnishes the test of its validity.” In the case of the Parks & Sons company against the National Druggists’ association he declared that neither side was trying to help the public, and added: "In the struggle with acquisitiveness but little consideration is given to those who may be affected adversely. Am I within my legal rights? is as clear to the equitable view as competitors in business usually come. When one party finds himself overwhelmed by the strength of the position of the other, he looks about for aid. And quite often he turns to the courts, even wh'£n he has no merit of his own, and makes himself for the time being the pretended champion of the public welfare, in the hope that the courts may be deceived into an adjudication that will prove helpful to him. “Now, while the courts will not hesitate to enforce the laws intended for the protection of the public because the party invoking such judgment is unworthy or seeks the adjudication for selfish reasons only, they will be careful not to allow the process of the courts to be made use of under a false cry that the interests of the public are menaced, when its real purpose is to strengthen the strategic position of one competitor in business as against another." These are the frontiers of the trust question outlined by a man accustomed to weigh his words. One of the most remarkable facts In the election of four years ago is that Massachusetts gave McKinley 40,119 fewer votes and gave Bryan 51,286 more votes than In 1896. The state had not weakened in its support of the gold standard. What, then, can account for the change? Nothing, apparently, except the hostility of Massachusetts voters to imperialism. If this cut the Republican plurality down from 173,000 in 1896 to 82,000 in a somewhat larger vote in 1900. what may it not do in 1904? Hence an enthusiastic meeting of 2.000 persons in Faneuil Hall, the old “Cradle of Liberty,” in spite of the heat and humidity, to listen to speeches in denunciation of the administration’s attitude toward the Philippines is a fact of no small significance. William J. Bryan addressed the Lincoln Chautauqua at Lincoln, where he was introduced by Senator Lawrence B. Stringer, Democratic candidate for governor. The occasion was strictly non-political, but Mr. Bryan took occasion to refer to the Democratic candidate in complimentary and eulogistio terms. He was Interviewed on the political situation by a correspondent of the Illinois State Register the same day while en route to Indiana. “So far as I can see,” he said, “the outlook for the national ticket is very favorable. It is gaining In strength every day.” Chairman Goodrich of the Republican state committee has refused to undertake the selling of Caleb Powers’ book. Powers, one of the murderers of Governor Goebel, is trying to awaken sympathy in Indtfna, no doubt, on the theory that a party which protects Taylor, Finley and others who were in the same boat, ought to assist him. The vote In Vermont has never Indicated anything in a national campaign, and the same is true of the vote of Arkansas. One is Republican, as expected, and the other is Democratic, as everyone knew it would be. Conditions In the two states, while differing in political complexion, are identical so far as adherence to party is concerned. Amoe Henry Jackson, Republican, who represents the Thirteenth Ohio district in congress, when notified by a committee of his renomination, declined to accept Amos found the Republican majority in congress more than he could stand, and will support Judge Parker and help to install a “safe sad sound” administration.