Page:The Green Bag (1889–1914), Volume 20.pdf/330

 JUDSON HARMON tiort should be insisted upon as essential for the enforcement of the judicial power in this, the first important case wherein the remedy of injunction is enforced by the Government against a railway company under the Interstate Commerce act." To this the attorney -general replied with an argument based upon the evidence taken in the case, contending that it did not show that the principal officers of the Company were responsible for the action taken, and that it would be improper to make any accusation against them under such circum stances. The special counsel in reply stated that what they recommended did not amount to a direct charge or accusation, but was only a rule upon the officers to show cause why they should not be held responsible for the action of the Company, saying: " We fully concur that no proceedings should be com menced without evidence, but facts presumed or judicially noticed are evidence. The proceeding we recommend is not unusual or exceptional, but on the contrary • is the natural and ordinary one in such cases. What we have said is peculiarly true of the great corporations of our day. They cannot be imprisoned, and punishment by fine is not only inadequate, but reaches the real culprits only lightly, — if at all. The evils

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with which we are now confronted are cor porate in name, but individual in fact. Guilt is always personal. So long as officials can hide behind their corporations, no remedy can be effectual. When the Government searches out the guilty men, and makes corporate wrongdoing mean personal punishment and dishonor, the laws will be obeyed," and conclude their letter by resigning their position as counsel, — because they were not permitted to proceed in the manner which they advised. This clear and forcible statement of the proper application of remedies in such cases has been many times repeated, — and is so plainly correct as hardly to admit of dispute. It is obvious that if the contests against rebates and other illegal corporate action were conducted along the lines indicated by Judge Harmon and his colleague, it would probably bring the practice to a speedy end. Judge Harmon is a forcible and interesting public speaker. He has delivered many occasional addresses, political and nonpolitical, which have generally been heard with great satisfaction. His serious style is clear, trenchant and forcible, and his rich vein of humor enlivens the whole, — so that the result is most effective. CINCINNATI, OHIO, APRIL, 1908.