Theodore Roosevelt: An Autobiography
Socialistic. He saw that, in order to meet the inevitable increase in
the power of corporations produced by modern industrial conditions,
it would be necessary to increase in like fashion the activity of the
sovereign power which alone could control such corporations. As has
been aptly said, the only way to meet a billion-dollar corporation is by
invoking the protection of a hundred-billion-dollar government; in other
words, of the National Government, for no State Government is strong
enough both to do justice to corporations and to exact justice from
them. Said Senator Davis in this admirable address, which should be
reprinted and distributed broadcast:
"The liberty of the individual has been annihilated by the logical
process constructed to maintain it. We have come to a political
deification of Mammon. _Laissez-faire_ is not utterly blameworthy. It
begat modern democracy, and made the modern republic possible. There
can be no doubt of that. But there it reached its limit of political
benefaction, and began to incline toward the point where extremes meet.
. . . To every assertion that the people in their collective capacity of
a government ought to exert their indefeasible right of self-defense, it
is said you touch the sacred rights of property."
The Senator then goes on to say that we now have to deal with an
oligarchy of wealth, and that the Government must develop power
sufficient enough to enable it to do the task.
Few will dispute the fact that the present situation is not
satisfactory, and cannot be put on a permanently satisfactory basis
unless we put an end to the period of groping and declare for a fixed
policy, a policy which shall clearly define and punish wrong-doing,
which shall put a stop to the iniquities done in the name of business,
but which shall do strict equity to business. We demand that big
business give the people a square deal; in return we must insist that
when any one engaged in big business honestly endeavors to do right
he shall himself be given a square deal; and the first, and most
elementary, kind of square deal is to give him in advance full
information as to just what he can, and what he cannot, legally and
properly do. It is absurd, and much worse than absurd, to treat the
deliberate lawbreaker as on an exact par with the man eager to obey the
law, whose only desire is to find out from some competent Governmental
authority what the law is, and then to live up to it. Moreover, it is
absurd to treat the size of a corporation as in itself a crime. As
Judge Hook says in his opinion in the Standard Oil Case: "Magnitude
of business does not alone constitute a monopoly . . . the genius and
industry of man when kept to ethical standards still have full play,
and what he achieves is his . . . success and magnitude of business, the
rewards of fair and honorable endeavor [are not forbidden] . . . [the
public welfare is threatened only when success is attained] by
wrongful or unlawful methods." Size may, and in my opinion does, make a
corporation fraught with potential menace to the community; and may, and
in my opinion should, therefore make it incumbent upon the community to
exercise through its administrative (not merely through its judicial)
officers a strict supervision over that corporation in order to see
that it does not go wrong; but the size in itself does not signify
wrong-doing, and should not be held to signify wrong-doing.
Not only should any huge corporation which has gained its position
by unfair methods, and by interference with the rights of others, by
demoralizing and corrupt practices, in short, by sheer baseness and
wrong-doing, be broken up, but it should be made the business of some
administrative governmental body, by constant supervision, to see that
it does not come together again, save under such strict control as shall
insure the community against all repetition of the bad conduct--and it
should never be permitted thus to assemble its parts as long as these
parts are under the control of the original offenders, for actual
experience has shown that these men are, from the standpoint of the
people at large, unfit to be trusted with the power implied in the
management of a large corporation. But nothing of importance is
gained by breaking up a huge inter-State and international industrial
organization _which has not offended otherwise than by its size_, into
a number of small concerns without any attempt to regulate the way in
which those concerns as a whole shall do business. Nothing is gained by
depriving the American Nation of good weapons wherewith to fight in the
great field of international industrial competition. Those who would
seek to restore the days of unlimited and uncontrolled competition, and
who believe that a panacea for our industrial and economic ills is to
be found in the mere breaking up of all big corporations, simply because
they are big, are attempting not only the impossible, but what, if
possible, would be undesirable. They are acting as we should act if
we tried to dam the Mississippi, to stop its flow outright. The effort
would be certain to result in failure and disaster; we would have
attempted the impossible, and so would have achieved nothing, or worse
than nothing. But by building levees along the Mississippi, not seeking
to dam the stream, but to control it, we are able to achieve our object
and to confer inestimable good in the course of so doing.
This Nation should definitely adopt the policy of attacking, not
the mere fact of combination, but the evils and wrong-doing which so
frequently accompany combination. The fact that a combination is very
big is ample reason for exercising a close and jealous supervision over
it, because its size renders it potent for mischief; but it should not
be punished unless it actually does the mischief; it should merely be
so supervised and controlled as to guarantee us, the people, against
its doing mischief. We should not strive for a policy of unregulated
competition and of the destruction of all big corporations, that is, of
all the most efficient business industries in the land. Nor should
we persevere in the hopeless experiment of trying to regulate these
industries by means only of lawsuits, each lasting several years, and of
uncertain result. We should enter upon a course of supervision, control,
and regulation of these great corporations--a regulation which we should
not fear, if necessary, to bring to the point of control of monopoly
prices, just as in exceptional cases railway rates are now regulated.
Either the Bureau of Corporations should be authorized, or some other
governmental body similar to the Inter-State Commerce Commission should
be created, to exercise this supervision, this authoritative control.
When once immoral business practices have been eliminated by such
control, competition will thereby be again revived as a healthy factor,
although not as formerly an all-sufficient factor, in keeping the
general business situation sound. Wherever immoral business practices
still obtain--as they obtained in the cases of the Standard Oil Trust
and Tobacco Trust--the Anti-Trust Law can be invoked; and wherever such
a prosecution is successful, and the courts declare a corporation
to possess a monopolistic character, then that corporation should be
completely dissolved, and the parts ought never to be again assembled
save on whatever terms and under whatever conditions may be imposed by
the governmental body in which is vested the regulatory power. Methods
can readily be devised by which corporations sincerely desiring to
act fairly and honestly can on their own initiative come under this
thoroughgoing administrative control by the Government and thereby be
free from the working of the Anti-Trust Law. But the law will remain
to be invoked against wrongdoers; and under such conditions it could be
invoked far more vigorously and successfully than at present.
It is not necessary in an article like this to attempt to work out
such a plan in detail. It can assuredly be worked out. Moreover, in my
opinion, substantially some such plan must be worked out or business
chaos will continue. Wrongdoing such as was perpetrated by the Standard
Oil Trust, and especially by the Tobacco Trust, should not only be
punished, but if possible punished in the persons of the chief authors
and beneficiaries of the wrong, far more severely than at present. But
punishment should not be the only, or indeed the main, end in view. Our
aim should be a policy of construction and not one of destruction. Our
aim should not be to punish the men who have made a big corporation
successful merely because they have made it big and successful, but
to exercise such thoroughgoing supervision and control over them as
to insure their business skill being exercised in the interest of the
public and not against the public interest. Ultimately, I believe that
this control should undoubtedly indirectly or directly extend to dealing
with all questions connected with their treatment of their employees,
including the wages, the hours of labor, and the like. Not only is the
proper treatment of a corporation, from the standpoint of the managers,
shareholders, and employees, compatible with securing from that
corporation the best standard of public service, but when the effort
is wisely made it results in benefit both to the corporation and to the
public. The success of Wisconsin in dealing with the corporations within
her borders, so as both to do them justice and to exact justice in
return from them toward the public, has been signal; and this Nation
should adopt a progressive policy in substance akin to the progressive
policy not merely formulated in theory but reduced to actual practice
with such striking success in Wisconsin.
To sum up, then. It is practically impossible, and, if possible,
it would be mischievous and undesirable, to try to break up all
combinations merely because they are large and successful, and to put
the business of the country back into the middle of the eighteenth
century conditions of intense and unregulated competition between
small and weak business concerns. Such an effort represents not
progressiveness but an unintelligent though doubtless entirely
well-meaning toryism. Moreover, the effort to administer a law merely
by lawsuits and court decisions is bound to end in signal failure, and
meanwhile to be attended with delays and uncertainties, and to put a
premium upon legal sharp practice. Such an effort does not adequately
punish the guilty, and yet works great harm to the innocent. Moreover,
it entirely fails to give the publicity which is one of the best
by-products of the system of control by administrative officials;
publicity, which is not only good in itself, but furnishes the data
for whatever further action may be necessary. We need to formulate
immediately and definitely a policy which, in dealing with big
corporations that behave themselves and which contain no menace save
what is necessarily potential in any corporation which is of great size
and very well managed, shall aim not at their destruction but at their
regulation and supervision, so that the Government shall control them
in such fashion as amply to safeguard the interests of the whole public,
including producers, consumers, and wage-workers. This control should,
if necessary, be pushed in extreme cases to the point of exercising
control over monopoly prices, as rates on railways are now controlled;
although this is not a power that should be used when it is possible to
avoid it. The law should be clear, unambiguous, certain, so that honest
men may not find that unwittingly they have violated it. In short, our
aim should be, not to destroy, but effectively and in thoroughgoing