Page:The Green Bag (1889–1914), Volume 19.pdf/185

 THE GREEN BAG Third: In so far as the public at large has any interest in corporations that interest will gain by the substitution of governmental for criminal control. Fourth: Preventive remedies should be used as far as possible against corporations, but where they fail of effect the same pun ishment should be meted out ' to artificial as to natural persons. Fifth: Increase of individual responsi bility is opposed to the trend of constructive corporation law, is difficult of accomplish ment, ineffective in results and often highly unjust as the punishment of "entirely irresponsible or comparatively innocent par ties." Within the limits of this article it is impossible to undertake an historical and deductive argument justifying the imprison ment penalty for corporations as the next logical step in the development of corporate criminal law. It may, however, have been the writer's good fortune, in endeavoring to controvert Mr. Judson's view of the law, to have inferentially justified to a certain extent the theory of imprisonment of cor porations. It should be stated in conclusion that this is a constructive and not a destruc

tive proposition. Corporations are a neces sity in modern business. They are part and parcel of a splendid and tremendous com mercial development. They should not be hampered in their activities. They should not be restrained in their operations to any greater extent than individuals. If, how ever, they are granted, as they have been to the present time, powers greater than those of individuals and held to infinitely less responsibility, popular outcry and con demnation are inevitable. In the effort to correct abuses publicly inveighed against, great harm is likely to result to the good as well as to the evil powers of business organ izations. If, however, corporations are placed with the greatest possible exactitude on the same plane of responsibility as are individuals, subject to the same legal restraints .and the same punishments, while still possessing greater powers, their activ ities will not arouse the popular condemna tion under which they are at present labor ing. Demagogism will lose one of its most effective weapons when the responsibilities of both classes of persons, natural and artificial, are made the same. Chicago, III., February, 1907.