them. Of such is the famous clause of the recent
constitutions of Kentucky and Wyoming that “absolute
arbitrary power over the lives, liberty, and property
of freemen exists nowhere in a republic, not even in
the largest majority.” In view of the frequently
successful efforts of trust magnates and others to
escape indictment or punishment by some enforced revelation
of their affairs given after a criminal proceeding
has has been commenced or before a grand jury, legislation
is now strongly urged to withhold them immunity in
such cases. This would relegate us to the early
state of things where they would simply refuse to
answer, so that it may be doubted if, on the whole,
we should gain much. The right of an Englishman
not to criminate himself is too cardinal in our constitutional
fabric to be questioned or to be altered without subverting
the whole structure. Practically it would seem
as if a little more intelligence on the part of our
prosecutors would meet the evil. Corporations
themselves are never immune; and unless the wicked
official actually slept with all the books of the
corporation under his pillow, it would be hard to imagine
a case where some corporate clerk or subordinate officer
could not be subpoenaed to produce the necessary evidence.
Indeed, as has been well argued by leading American
publicists, the sooner the public learns to go behind
the figment of the corporation, the screen of the artificial
person, into the human beings really composing it,
the quicker we shall arrive at a cure for such evils
as may exist. Legislation punishing or even fining
an offending corporation is in the last sense ridiculous.
It is necessarily paid by the innocent stockholders
or the public. There is always some one person
or a number of persons who have done or suffered
the things complained of; after all, every act of the
corporation is necessarily done by some one or more
individuals. We must get over our metaphysical
habit of treating corporations as abstract entities,
and again recognize that they are but a definite number
of natural persons bound together only for a few definite
interests and with real men as officers who should
be fully responsible for their actions. Indeed,
it ought to be simpler to detect and punish offenders
than in the case of mere individuals unincorporated,
for the very fact that a corporation keeps books and
acts under an elaborate set of by-laws and regulations
gives a clew to its proceedings, and indicates a source
of information as to all its acts. One clerk
may therefore reveal, and properly reveal, books and
letters which shall incriminate “those above”;
one employee may show ten thousand persons guilty
of an unlawful combination, and properly so.
There is no reason why he should not, and the nine
thousand nine hundred and ninety-nine others deserve,
and are entitled to, no immunity whatever from his
revelation.