State courts have forfeited charters of corporations for entering into trusts as being opposed to public policy,95 and the langauge of some of the cases seems broad enough to cover combinations in restraint of interstate commerce, but in none of them, so far as the writer knows has the question of the application of the decision to interstate commerce been discussed, nor have the facts in any of them necessarily concerned interstate commerce.

I assert, therefore, that the states can place no restrictions upon their corporations to meet the ends stated in the subject of this paper, either because of the results of the exercise of such power as they have, or for reason of the utter want of power to act at all, and this, even if congress had remained silent in the premises, and much less since congress has spoken.

If this conclusion is right, the advocates of state rights, the opponents of paternalism and those who are fearful of the effect of great centralization of power in the general government, must find such consolation as they can in the thought that such action as the states have power to take is impracticable or inadequate, and that the federal government alone can properly deal with the situation, and that too, under power it has had from the beginning.

In the judicious exercise of that power lies the proper solution of the problem. Much has been accomplished through the Federal laws already enacted and their interpretation by the Supreme Court. The decisions point the way for further action.

If the principle on which the Northern Securities case was decided is adhered to, and, under no device, whether by corporations created by states or by confederated individual action, will combinations in restraint of interstate commerce be tolerated, the impregnable position generally accorded some of the offending corporations would seem liable to serious breach.

The pending railroad rate legislation, or legislation embodying similar purpose, erroneously supposed by many to contem

95 State v. Standard Oil Co., 49 O. S., 137; Distilling & Cattle Feeding Co. v. People, 156 Ill., 448; People v. North River Sugar Refining Co., 54 Hun., 354; affirmed 121 N. Y., 582, on other grounds, the Court of Appeals expressing no opinion on this point.

plate a system of rate schedules for all railroads engaged in interstate commerce, will, if enacted, provide the means of doing exact justice, so far as that may be attained between shippers and carriers, and of eliminating the evils of unjust discrimination.

The power of Congress over interstate commerce under the Constitution is so complete that there would seem to be no occasion for its amplification by amendments.

Contracts of insurance are not instruments of commerce,9 hence an amendment would probably be required to give congress power to regulate insurance. Proper state laws, properly enforced, would render federal regulation of insurance unnecessary. Are we likely to get such uniform legislation, uniformly enforced?

97

Further legislation by Congress is required, more especially, for the purpose of providing for publicity and necessary control and supervision of corporations doing interstate business advocated so earnestly by the president on numerous occasions. Of the methods by which these may be attained, the best seems to be a law requiring corporations desiring to do interstate business to obtain a federal license therefor, under reasonable conditions. Tact, good judgment, courage, impartiality, in short, all the qualities of great statesmanship, are required to meet the situation. The president and his advisers, impelled by the purest patriotism, are now seeking further remedies for evils growing out of an extraordinary condition, evils to which it were folly to be blind. By all the signs, we can trust them to find, if not a cure, at least, an allevation of them. And should we not believe that the Congress, representing all of the people and all of the states will patriotically continue to appreciate whither we are drifting, and legislate accordingly?

It is futile to talk now of socialism and its dangers. No considerable number of the American people are socialists or

96 Paul v. Virginia, 8 Wall., 168; Philadelphia Fire Association v. New York, 119 U. Š., 110; Hooper v. California, 155 U. S., 648; Nutting v. Massachusetts, 183 U. S., 553.

97 For discussion of subject, see report of Mr. Garfield, Commissioner of Corporations, December, 1904.

want to be, but they will be that, or anything, if they cannot, through the courts, by legislation, or at the ballot box, rid themselves of a condition brought about largely by individual greed, under corporate forms, by extreme selfishness and reckless disregard of the rights of the people and of the county's welfare.

The situation presents malignant features only to be eliminated by eradication.

Remove the possibility of further corporate abuses through the use of forms of law for purely selfish purposes, too often by men whose sensibilities of the finer sort are overborne by lust for gain, destroy the commercial politicians who, for gain, are bartering away to such men the rights of the public through public officials of their own appointment under the forms of party management.

The Administration, the Congress and the Federal courts can furnish some remedies for the corporate evils; the cure for the other is in the hands of the people if they will only understand.

Our history justifies optimism, not of that futile sort which blindly and supinely asserts hopefulness, but of the stalwart kind, understanding the evil, and putting forth constant effort to overcome it, never doubting that justice and righteousness will prevail.

In Memoriam

MEMORIAL ON THE LIFE AND CHARACTER OF

GEORGE K. NASH

BY HON. SELWYN N. OWEN.

"George Nash is dead" are the four words in the headlines of hundreds of newspapers throughout the United States, and uttered by thousands of voices on the afternoon of October 28, 1904, recording the fact that on that Friday forenoon, a great man finished his earthly career, which was begun on the fourteenth of August, 1842, when George Kilbon Nash was born, on a farm in Medina county, Ohio, of parents who had come from Massachusetts into the wilderness of the Western Reserve, to perform their part in the building of a state.

The son of Asa and Electa Nash proved a greater legacy to the state of Ohio than they e'er dreamed of. It may have been the dream and desire of his parents that he should become a distinguished son of the great commonwealth of Ohio, but it is scarcely fair to presume that they expected him to become the centennial governor of the state, and that those who knew him best and had opportunity to compare his public service with that of many other governors, would say of him that he was the most faithful, the most painstaking, the most industrious and the most unselfish governor in the history of the first century of the state.

George K. Nash had the ordinary, meager opportunities of a common school education, such as was afforded the boys and girls at the time of his youth. From the common schools of Medina county he entered Oberlin College, but his work there was cut short by the great civil war, into which conflict and struggle he entered, leaving the sophomore class.

Having faithfully performed his patriotic duty in the ranks of the common soldier and received an honorable discharge, he returned to civil life, when the union was no longer in peril, and thereupon began his work as a public servant by teaching a country school, meanwhile taking up the study of the law. After his work as a teacher he performed clerical services in the lower branch of the general assembly, and later became chief clerk in the office of General Isaac R. Sherwood, who was then secretary of state. From this clerical position he graduated into the newspaper fraternity in which service he continued for about a year.

Having been admitted to the bar in 1867, he began his political career in 1870. In that year he was placed in nomination without his consent or knowledge for the office of prosecuting attorney of Franklin county. From the time he first came to Columbus he had taken more than ordinary interest in political affairs, and his nomination was in recognition of his services in this field of effort. In those days the Republican party was in the minority, and the good rule obtained of the office seeking the man, rather than the man the office. The normal democratic majority was about 1,500 in Franklin county, but Mr. Nash was elected by a majority of 296.

At the close of his term he received a renomination, and, because of his excellent work in the office and his fearlessness in bringing criminals to justice, was re-elected in 1872 by the increased majority of 793. In 1875 and 1876 he was a member of the State Republican executive committee, and in this way began to extend his acquaintance and influence beyond the limits of Franklin county.

The Republican party, desiring a popular candidate for Congress in 1876, to oppose General Thomas Ewing in the district convention held at Lancaster, gave the nomination to George K. Nash by acclamation, and although the congressional district was hopelessly democratic he entered upon the canvass with spirit and energy and made a most creditable campaign.

The success that attended the performance of his duties while prosecuting attorney, induced him to enter upon a wider field of