Page:American Journal of Sociology Volume 8.djvu/70

 THE TRUST PROBLEM RESTUDIED.

RECENT events seem to call for a reconsideration of the trust question. The Sherman anti-monopoly act, a dead letter for some years, has been revived with considerable vigor and evi- dence of good faith. President Roosevelt is doing what, almost on the eve of his succession to his present office, he had declared to be necessary " shackling cunning as force has been shackled." He has, indeed, been severely criticised for his action in the rail- way "merger" case and in that of the meat packers, and "high financial interests" have manifested deep displeasure at his dis- turbance of business. But the generality of intelligent citizens have commended his course, even while questioning the value of the net results of the anti-trust crusade.

This is not the place to dwell on elementary propositions or expose the miserable fallacies of plutocratic organs. But it is proper to premise the discussion now entered upon by stating that matters of policy and expediency are not within the discre- tion of the executive department of the national government so far as it is concerned with enacted legislation. Powerful as the president is, he cannot set aside the most trivial or most objec- tionable law of the United States. " He shall take care that the laws be faithfully executed," says the constitution, and his oath of office leaves no doubt as to his duty with respect to the enforcement of the will of the people and of Congress. To say or imply that the president is entitled to disregard any statute whatever is to advocate usurpation, official anarchy, and the destruction of the government established by the founders of the republic.

That the president has no right to repeal or suspend any law in favor of particular interests or classes is another thing that would need no saying, did not gentlemen friendly to him assume to say, by way of apology or reassurance, that he has no inten- tion of extending his anti-trust crusade and carrying it, for example, into the anthracite coal region. Such statements

58