There was another amusing incident in connection with the passage of the bill. All the wise friends of the effort to secure Governmental control of corporations know that this Government control must be exercised through administrative and not judicial officers if it is to be effective. Everything possible should be done to minimize the chance of appealing from the decisions of the administrative officer to the courts. But it is not possible Constitutionally, and probably would not be desirable anyhow, completely to abolish the appeal. Unwise zealots wished to make the effort totally to abolish the appeal in connection with the Hepburn Bill. Representatives of the special interests wished to extend the appeal to include what it ought not to include. Between stood a number of men whose votes would mean the passage of, or the failure to pass, the bill, and who were not inclined towards either side. Three or four substantially identical amendments were proposed, and we then suddenly found ourselves face to face with an absurd situation. The good men who were willing to go with us but had conservative misgivings about the ultra-radicals would not accept a good amendment if one of the latter proposed it; and the radicals would not accept their own amendment if one of the conservatives proposed it. Each side got so wrought up as to be utterly unable to get matters into proper perspective; each prepared to stand on unimportant trifles; each announced with hysterical emphasis—the reformers just as hysterically as the reactionaries—that the decision as regards each unimportant trifle determined the worth or worthlessness of the measure. Gradually we secured a measurable return to sane appreciation of the essentials. Finally both sides reluctantly agreed to accept the so-called Allison amendment which did not, as a matter of fact, work any change in the bill at all. The amendment was drawn by Attorney-General Moody after consultation with the Inter-State Commerce Commission, and was forwarded by me to Senator Dolliver; it was accepted, and the bill became law.
Thanks to this law and to the way in which the Inter-State Commerce Commission was backed by the Administration, the Commission, under men like Prouty, Lane, and Clark, became a most powerful force for good. Some of the good that we had accomplished was undone after the close of my Administration by the unfortunate law creating a Commerce Court; but the major part of the immense advance we had made remained. There was one point on which I insisted, and upon which it is necessary always to insist. The Commission cannot do permanent good unless it does justice to the corporations precisely as it exacts justice from them. The public, the shippers, the stock and bondholders, and the employees, all have their rights, and none should be allowed unfair privileges at the expense of the others. Stock watering and swindling of any kind should of course not only be stopped but punished. When, however, a road is managed fairly and honestly, and when it renders a real and needed service, then the Government must see that it is not so burdened as to make it impossible to run it at a profit. There is much wise legislation necessary for the safety of the public, or—like workmen's compensation—necessary to the well-being of the employee, which nevertheless imposes such a burden on the road that the burden must be distributed between the general public and the corporation, or there will be no dividends. In such a case it may be the highest duty of the commission to raise rates; and the commission, when satisfied that the necessity exists, in order to do justice to the owners of the road, should no more hesitate to raise rates, than under other circumstances to lower them.
So much for the "big stick" in dealing with the corporations when they went wrong. Now for a sample of the square deal.
In the fall of 1907 there were severe business disturbances and financial stringency, culminating in a panic which arose in New York and spread over the country. The damage actually done was great, and the damage threatened was incalculable. Thanks largely to the action of the Government, the panic was stopped before, instead of being merely a serious business check, it became a frightful and Nation-wide calamity, a disaster fraught with untold misery and woe to all our people. For several days the Nation trembled on the brink of such a calamity, of such a disaster.
During these days both the Secretary of the Treasury and I personally were in hourly communication with New York, following every change in the situation, and trying to anticipate every development. It was the obvious duty of the Administration to take every step possible to prevent appalling disaster by checking the spread of the panic before it grew so that nothing could check it. And events moved with such speed that it was necessary to decide and to act on the instant, as each successive crisis arose, if the decision and action were to accomplish anything. The Secretary of the Treasury took various actions, some on his own initiative, some by my direction. Late one evening I was informed that two representatives of the Steel Corporation wished to see me early the following morning, the precise object not being named. Next morning, while at breakfast, I was informed that Messrs. Frick and Gary were waiting at the office. I at once went over, and, as the Attorney-General, Mr. Bonaparte, had not yet arrived from Baltimore, where he had been passing the night, I sent a message asking the Secretary of State, Mr. Root, who was also a lawyer, to join us, which he did. Before the close of the interview and in the presence of the three gentlemen named, I dictated a note to Mr. Bonaparte, setting forth exactly what Messrs. Frick and Gary had proposed, and exactly what I had answered—so that there might be no possibility of misunderstanding. This note was published in a Senate Document while I was still President. It runs as follows:
THE WHITE HOUSE, Washington,
November 4, 1907.
My dear Mr. Attorney-General:
Judge E. H. Gary and Mr. H. C. Frick, on behalf of the Steel Corporation, have just called upon me. They state that there is a certain business firm (the name of which I have not been told, but which is of real importance in New York business circles), which will undoubtedly fail this week if help is not given. Among its assets are a majority of the securities of the Tennessee Coal Company. Application has been urgently made to the Steel Corporation to purchase this stock as the only means of avoiding a failure. Judge Gary and Mr. Frick informed me that as a mere business transaction they do not care to purchase the stock; that under ordinary circumstances they would not consider purchasing the stock, because but little benefit will come to the Steel Corporation from the purchase; that they are aware that the purchase will be used as a handle for attack upon them on the ground that they are striving to secure a monopoly of the business and prevent competition—not that this would represent what could honestly be said, but what might recklessly and untruthfully be said.
They further informed me that, as a matter of fact, the policy of the company has been to decline to acquire more than sixty per cent of the steel properties, and that this purpose has been persevered in for several years past, with the object of preventing these accusations, and, as a matter of fact, their proportion of steel properties has slightly decreased, so that it is below this sixty per cent, and the acquisition of the property in question will not raise it above sixty per cent. But they feel that it is immensely to their interest, as to the interest of every responsible business man, to try to prevent a panic and general industrial smash-up at this time, and that they are willing to go into this transaction, which they would not otherwise go into, because it seems the opinion of those best fitted to express judgment