to prevent the continuance of errors for decade after decade the neglect of needy children and the ruthless waste of child life. The school text-book trade has been promoted in country as well as city by methods that in deception, favoritism, and shamelessness surpass the possibilities in any business not supervised by goodness.

Different types of charitable organization have paid heavy penalties for overestimating goodness. A classical example is furnished by one school for boys. Year after year its directors, all praiseworthy altruists, exploited in general terms the wonderful characterbuilding influence of this school upon its boy charges. A chart was prepared for the Chicago Exposition to portray graphically this influence. But to the chagrin of all, the chart when completed showed that a distressingly large percentage of the boys were serving second and third sentences at various penal institutions, while a painfully small percentage could be referred to with pride.

At first thought, politics may seem not to have felt the blighting influence of the goodness fallacy. In reality it is precisely in politics applied citizenship-that the evils of this fallacy are most obvious. To the American drilled during school days in the principles of the Declaration of Independence, it is a cruel shock to hear the fact of representative government challenged. But as repeated evidences of trust abused dull our sensibilities, confidence and reverence give way to doubt and thinly disguised contempt. We are fortunate if cynicism does not lead to direct or indirect participation in corrupt gain. Not less dangerous is the attitude recently expressed by a religious journal "If such corruption must exist, it should not be published." To some it is a consoling thought that Rome was not built in a day and that our national heroes have each and all found it necessary at times to overlook trifling departures from the strict path of rectitude in the interest of "larger harmonies." There is, therefore, ample time to mend slowly. The rank and file, however, live on reading about bribes, sacred pledges broken, ruthless violence at the polls or in the market place sluggishly resentful, yet convinced withal, that in matters of government peculiar codes obtain which condone, if they do not glorify, the defeat of representative government and the success of evil.

In a measure there is hope in all of the far

reaching remedies suggested: universal education, restriction of immigration, referendum, manual training, proper home surroundings, opportunity for child play, wholesome recreation, Civil Service reform, municipal ownership, Christian spirit, prohibition of the liquor traffic, "doing good," electing good men to office, etc. But important as each remedy may be, we have abundant testimony that none is adequate of itself. Many of our worst corruptionists had in their youth unusual opportunity. Franchise-stealing has gone on unabated during the administration of "good" men. The rural American sells his vote quite as readily and at times more cheaply than the foreigner herded in the city tenement. Civil Service perpetuates incompetence, which in turn makes possible special favor and the misuse of funds. Homes where education, wholesome recreation, and opportunity for play are part of the standard of living turn out men who vote consistently for corrupt political machines. The boldest plunder of our day was in a city where municipal ownership exists and where municipal operation failed. As for Christian spirit, some other test is needed than communion with a religious body, for do not most of our chief boodlers and abettors of political wrong support some creed and contribute to some church? Growing distrust of panaceas is part of the general discouragement, which in its extreme manifestation denies all curative and preventive medicine for fear of entertaining a quack. We sit back in our study or at our business desk and relieve our souls of responsibility by reflecting that publicity will cure in time.

While believing unqualifiedly in the right sort of publicity, I know of no cure-all so ineffective as the publicity that reveals theft and dishonor and immorality without properly locating and explaining the disease. If the truly religious are to impress Christian standards upon government, if the educated are to give the benefit of their "enriched personality" to government, if the various remedies for political corruption hitherto offered are to be tested fairly, there must be means of estimating closely the conditions which make for corruption, injustice, ignorance, misery, and ineffective public opinion. There is one key— the statistical method. It offers to trusteeship what the block signal gives to the train dispatcher, a prompt record of work accomplished and of needs disclosed in the interest of the governing body and the bodies governed.

P

ERHAPS more than any of his prede

cessors Attorney-General Moody has emphasized the fact that he is the counsel for all the American people. He has protested against the legal bondage of the Southern Negro with the same energy that he assailed the most powerful combination of capital. His career has been a record of almost continuous public service. Its very beginning was characteristic.

One day, late in the seventies, a sturdy, broad-shouldered young man applied to the Bar Committee of Essex County, at Haverhill, Mass., for examination. On being asked how long he had studied, he replied: "Eighteen months."

"But we cannot examine you until you have studied three years," said the chairman..

He was William H. Moody, a farmer's son, who had studied at Andover and Harvard. He persisted, and was examined. His knowledge of law amazed the Committee. He was the best prepared student who had ever applied, and his performance at that examination has become a tradition of the Massachusetts Bar. That same quality of preparedness has won for him ever since. He opened an office at Haverhill, where he earned $6.85 the first month. He became noted for his ready answers. Once he appeared as prosecuting attorney in the case of a very pious old man who was charged with setting fire to his house. The prisoner stoutly denied the charge, alleging that he was quietly reading his Bible when the fire started. Quick as a flash, Mr. Moody asked:

"Were you reading the sentence, 'He that kindleth the fire shall surely make restitution'?"

Early in his professional life he laid down for himself this rule: "The power of clear

statement is the greatest power at the Bar." In 1890 he was appointed District Attorney. One of his first acts was to indict some of the Haverhill aldermen for conspiracy with certain Boston liquor dealers in the distribution of licenses. The defendants were among his oldest boyhood friends and the strongest possible pressure was brought to bear upon him for leniency, but he was deaf to it and the men went to prison. Unlike many district attorneys, he measured success not by the number of convictions he secured but by justice. Just about this time the Borden murder case shocked all New England. Lizzie Borden was arrested at Fall River, charged with the murder of her parents. It was outside Mr. Moody's district, yet he was called on to prosecute her and his brilliant cross-examinations and speeches were reported verbatim in every part of the Union. part of the Union. At thirty-five, the young Haverhill lawyer had earned the title of "the best district attorney in the state." His mastery of law astonished his oldest colleagues. Yet he found time to develop a love of outdoor life. He had played on the Harvard baseball team, and continued to have an interest in the game. He became president of the Haverhill Club and head of the New England Baseball League. He rode horseback, too.

When the Representative in Congress from the Haverhill district died, Mr. Moody was the unanimous choice as his successor. He served four terms. As a member of the Committee on Appropriations, of which Mr. Cannon was chairman, he was especially active. He displayed prodigious capacity for digesting vast quantities of evidence in a short time. This was the result of his legal training. One day when a vexatious claim was pending, Mr. Cannon rushed up to him with a 900-page document and said:

"Here, Moody, take up this fight." Mr. Moody mastered the case over night, and the next day debated it with brilliancy and complete knowledge.

During his career in Congress, Mr. Moody gave many evidences of his keen sense of. justice. The most striking concerned a contest in the Illinois delegation, which was solidly Republican except for one district where a lone Democrat's seat was contested. By a strict party vote, the House Committee on Elections voted to unseat the Democrat; but Mr. Moody, a life-long Republican, believed that the contestant was entitled, on the face of the evidence, to his seat, and made such an eloquent and logical statement of the case that fairness won over party prejudice and the report of the Committee was reversed.

SECRETARY OF THE NAVY

Upon the retirement of Mr. John D. Long as Secretary of the Navy, in 1902, President Roosevelt, on looking over the Massachusetts field for a successor, selected Mr. Moody, whose vigor, sturdiness, and temperament so much resembled his own. Mr. Moody had no technical knowledge of naval matters; he was not a business man; and people wondered what kind of Secretary he would make. He soon showed. As soon as he took charge of the Department, he said: "Too much routine overwhelms a man and unfits him for creative and active work. I believe in men." He promptly emancipated himself from as much routine as he could. For example, since the organization of the Department all orders affecting the transfer and assignment of officers had been personally signed by the Secretary. "I can't spend the whole day signing documents," said Mr. Moody, and he issued instructions that only the orders affecting captains and rear-admirals be referred to him.

"But precedent is against this," said the veterans in the navy.

"Never mind precedent," said the Secretary, "service is the thing."

Mr. Moody's vision swept the seas. He saw that sooner or later the mastery of the Caribbean would be the rich prize of the western waters. The key to that mastery, he said, was a formidable naval base at Guantanamo, accessible to Cuba and Panama. Congress objected. "Let me show you," said the Secretary. He took the Congressional Committee down to Cuban waters and there demonstrated

For years there was no concerted action, save in time of war, between the army and the navy. Mr. Moody secured the establishment of the first joint Army and Navy Board, and it has simplified work in both branches of the service. The warships were cruising singly, and Mr. Moody, acting under expert advice, developed the plan for squadron formation which has increased efficiency and preparedness. He improved conditions for the enlisted men, visited naval stations, and personally kept in touch with sailors and what they were doing. Having served on the Committee on Appropriations in the House, he was qualified to secure money for new ships. Altogether $65,000,000 was appropriated during his Secretaryship. In two years he impressed his vigorous personality on the whole service.

AS ATTORNEY-GENERAL

This, then, was the man whom the President selected for the post of Attorney-General when Mr. Knox was elected United States Senator in 1904. He brought to the position of the head of the Government's legal forces his long and thorough training as a lawyer and his executive experience in the Navy Department. Here, too, he subordinated routine to action, leaving himself free to prosecute cases personally. He went about the task as a private lawyer takes up private cases.

When he became Attorney-General, two large problems confronted the Department as a result of the President's determination to enforce the laws:

First: The discrimination by railroads in favor of large shippers, which was a violation of the Elkins Law.

Second: The illegal practice of trusts, which was a violation of the Sherman Anti-trust Law. Mr. Moody believed that the larger evil was in rebates; for, as he compactly expressed it to me, "discrimination is the food upon which

trusts fatten." Equality of transportation facil ities, therefore, was the first thing to be obtained. He personally attacked this problem. Suits were begun in half a dozen states, against as many railroads. In Wisconsin, for example, he attacked the Milwaukee Refrigerator Transit Company, which he proved was the private car-line of the Pabst Brewing Company. While the Company paid the full published tariff for freight transportation, it received 12 per cent. of the gross freight rates in rebates. Following their indictment, as a result of Mr. Moody's activity, for conspiracy to obtain rebates, Swarzchild and Sulzberger (the S. & S. of the Beef Trust) pleaded guilty and paid fines amounting to $25,000. Most of the trunk lines running out of New York City have been indicted for the alleged giving of rebates to the American Sugar Refining Company, and the cases will come to trial soon. Under the Elkins Law, violations are punishable by fines only. The Attorney-General recommended. to Congress that the penalty of imprisonment be added and it was done at the last session. "What has been the result of the campaign against discrimination by railroads?" I asked Mr. Moody.

"It has profoundly and permanently affected them," he replied. "Railroad discriminations have largely diminished, if not ceased. It has given the small shipper an equality of opportunity with the large one. The effect of restoring this equality of facilities to all shippers is to give the opportunity to compete. It is a blow aimed at trusts."

"Do you believe rebates have been abolished?" I asked.

"Practically, yes," was the reply.

THE CAMPAIGN AGAINST TRUSTS

No activity, however, has brought Mr. Moody so prominently before the people as his campaign against the trusts, in which he carried out the President's instructions. Under the direction of Attorney-General Knox, suit had been filed against the Chicago packers, charging a monopoly in the supply and distribution of fresh meat throughout the United States. This was known as the "Beef Trust Case." An injunction was obtained, restraining the trust from continuing the monopoly. When the case was appealed, Mr. Moody personally argued it, and the injunction was made perpetual. Soon after this, he learned that the trust was ignoring the order of the

court. At his instigation a grand jury investigation was instituted at Chicago and all the big packers were indicted. When the case came to trial, they made a plea of immunity, claiming that it resulted from information given to Commissioner of Corporations Garfield concerning their profits, which was of the nature of confidential information given to the Government. So great was the issue involved that Mr. Moody went to Chicago and presented the case. In his six-hours' speech he coined the now famous phrase, "immunity bath." He ridiculed the "discovery" of the packers' counsel-immunity from punishment by confession-saying:

"Washington will become the Alsatia to which they can resort for immunity for their offenses. It will be much easier, much better, instead of running away from a subpœna to run toward the governmental agent and serve a confession upon him. Anybody in this land who is now seeking to avoid the service of a subpoena will thank my learned friend for giving him a very much shorter road to travel if he need only travel to the representative of the Government whose laws he has violated and obtain his immunity. Washington would become a great resort, not only in winter but in summer. All the people who arc violating the laws of the land may go there at intervals and obtain their immunity. All they have to do is to go there in obedience to the compulsion of this law. All the officers of a corporation have to do is to go there in obedience to the compulsion of this law and serve upon the Commissioner of Corporations a statement with regard to their conduct and obtain immunity. They ca do it at intervals. The law is a license to commit crime. Now, I can fancy those gentlemen gathering together there. I can fancy Mr. Swift and Mr. Armour, on their journey to Washington, and their meeting with some other great magnate who has been there, and who has washed, in what I may call the 'Miller's bath,' because they will go there, as to Carlsbad and the French Lick Springs, in order to cleanse themselves of misdoing. I can imagine them meeting and saying, 'Good morning, good morning, Brother Rockefeller, have you had your immunity bath this morning?" "

can

The Court decided in favor of the packers. In order to prevent the use of this case as a precedent by corporate wrong-doers, Mr. Moody succeeded in having a bill passed by the Senate expressly confining immunity to a person who gives testimony or evidence under oath in obedience to a subpoœna.

He has begun proceedings against the Tobacco Trust, and in one of the preliminary cases growing out of this important investigation, the Supreme Court handed down a decision that a corporation can not refuse to give testimony lest it incriminate itself, and

that it cannot withhold its books and papers from investigation. This is of far-reaching significance in all future anti-trust litigation. He has destroyed half a dozen trusts. The General Paper Company, for example, a combination of Western paper manufacturers, was restraining trade and charging an excess price. Some of the Western papers protested to Mr. Moody. He ordered proceedings and the combination was broken. Paper is now 20 per cent. cheaper in the West. The Fertilizer Trust was working in restraint of trade and charging the Southern farmers an excess of $2.50 a ton for its product. They protested to Mr. Moody. The Federal Grand Jury at Nashville, at his instigation, has already returned fifty-five indictments in this case. So with the Drug Trust, a conspiracy between manufacturers and wholesale and retail dealers. It has been indicted at Indianapolis, and its career is at an end. Similar results have been obtained against the Elevator Trust, in which litigation was begun at San Francisco, and the Grocery Trust, of Nome, Alaska.

Under the direction of the Attorney-General, a very significant investigation is now being made of the coal-carrying railroads, by Mr. Charles E. Hughes of New York and Mr. Alexander Simpson, Jr., of Philadelphia, to ascertain the facts of their relation to the control of the hard and soft coal fields. If facts of illegal practices be obtained, a prosecution will begin under the Sherman Anti-Trust Law. A similar investigation is being made of the Standard Oil Company by Mr. C. B. Morrison of Chicago, and Mr. Kellogg of St. Paul.

Another case of far-reaching importance, which is now pending, is that of the Government against the Terminal Railroad Association of St. Louis, in which an effort is being made to destroy the monopoly of traffic over the Eads Bridge and the Merchants' Bridge at St. Louis. For years this Association has charged an excessive rate for every vehicle and every passenger brought over these bridges, and it has prevented competition in transportation at this point.

Other anti-trust cases now pending are against the Federal Salt Company (The Salt Trust), which is charged with unlawfully suppressing competition in the manufacture and sale of salt west of the Rocky Mountains; and against the Metropolitan Meat Company for alleged control of the meat industry in Hawaii.

During the Roosevelt administration, no less than forty-three suits have been brought for the alleged violation of the anti-rebate law, and thirty-six indictments and nine convictions have been obtained. These cases comprised uits against twenty-five railroads, including most of the large trunk lines of the country.

Perhaps the most important of these cases was the one against the Chesapeake and Ohio Railroad, in which the Supreme Court sustained the Government's contention that the railroads cannot deal in merchandise carried over their line, when the net receipts for it are less than a total of the published freight rates and the cost of the commodity. This means that a coal-carrying railroad will be unable, henceforth, to undersell the independent mining company by practically selling their coal at about the same price that they charge the independent operator as a freight rate.

The significance of the whole anti-trust and anti-rebate campaign has been to put the fear of the law into the hearts of corporate wrongdoers, and to give a square deal to the small manufacturer and shipper as well as to the large.

WORK OF THE ATTORNEY-GENERAL

The institution and prosecution of all the rebate and trust legislation is only part of the work of the Attorney-General. He is attorney for the President, the Cabinet, and Congress. He directs the eighty-eight United States District Attorneys; he passes on the eligibility of all candidates for Federal judgeships, attorneyships, and marshalships. All applications for Federal pardons are first submitted to him.

Mr. Moody keeps in personal touch with his subordinates all over the country. He has established the precedent of sending a representative from the Department of Justice to every important case. Sometimes, as in the Beef Trust Case, he goes himself. He has personally argued more cases than any other Attorney-General. He argued, for example, the peonage case, in which the Supreme Court sustained his contention that holding laborers in legal bondage for debt was unconstitutional. This has broken up a form of siavery that. survived in the South. He also argued the Johnson Coupling case, which resulted in a decision by the Supreme Court compelling all railroads to put safety couplers on cars, thus avoiding much injury to the life and limbs of trainmen. It was Attorney-General Moody