independent pipe lines, therefore, in paying premiums for oil have "in view nothing else than the extermination of competition." A new rule of business conduct is contained in the dictum that "what might properly be demanded of the great corporation might be a grievous injustice to the smaller so long. as the former failed to perform its duty." The "grievous injustice" of performing his legal duty has hitherto not been spared anybody because of his size. Mere bigness has never been a sufficient cause for imposing the obligation of public service. The possibility that a public service company may be patronized by customers not its friends has not, until now, been a good defense. The standard of conduct raised by the Commissioner for the Standard Oil Company seems not only in advance of the law, but also in advance of the standard by which its smaller rivals are judged. The trend of public opinion regarding the ethics of trust competition may some day lead to the establishment of noblesse oblige as the law of business, and the disarmament of every great power in the industrial world, and the abandonment of every weapon of competition to inferior industrial organizations. The rule of conduct laid down by the Commissioner is certainly prophetic of such an era. GILBERT HOLLand Montague.

New York City.

THE PARADOX OF GOVERNOR PENNYPACKER.

CONTENTS.

Character of Governor Pennypacker, p. 172; his relation to Quay, p. 173; his appointments, p. 174; the pure food crusade, p. 175; his conscientiousness, p. 176; the Libel bill and muzzling of the press, p. 177; the governor plays into the hands of the machine through the Ripper bills, p. 180; explanation of his action, p. 181; his numerous veto messages, and faithfulness in protecting public interests, p. 183; his notable work for reform in connection with the special session of 1906, p. 189; his relation to the capitol scandal, p. 191.

OVERNOR PENNYPACKER of Pennsylvania was cer

Gov

tainly the most severely and the most persistently criticised chief executive that the Commonwealth has had since the middle of the 19th century. He left the office last January with a firmly established reputation for honesty. He ran counter to public opinion as expressed in the newspapers. He had a strong hold on the affection and respect of the common people. Very often I have heard newspaper men, connected with the very papers that were indulging in the most extreme criticism of him, testify (privately) in unequivocal terms to his integrity and his devotion to public interests.

What

This, then, is the paradox of Governor Pennypacker. is the explanation? His career as Chief Magistrate of Pennsylvania affords an interesting phase of the much-mooted question of the wisdom of electing judges to administrative office. For thirteen years Governor Pennypacker was a highly honored member of the judiciary of Philadelphia County, serving for the greater part of that period as President Judge of the Court of Common Pleas No. 2. He had a well deserved reputation as a capable and efficient nisi prius judge, and his opinions as a member of the Court were carefully prepared and disclosed the workings of a judicial mind. Very seldom indeed did the appellate courts overrule his decisions.

While he was a man of profound convictions and strong prejudices for instance, his anti-British attitude and pro-Boer

sympathies were well known to his fellow citizens-they never played any part whatever in his decisions as a judge. He was generally regarded as a born judge, who was destined eventually to occupy a seat on the Supreme Bench. No one associated him with administrative affairs, or with politics. His family relationship to Senator Quay (he being a cousin) was well known, but it played no part whatever in his work as a judge. The community was therefore greatly surprised when, in 1902, Mr. Quay declared himself as opposed to the candidacy of Attorney-General Elkin for governor, to learn that his candidate was Judge Pennypacker. The people of the State, however, congratulated themselves upon the fact that so clean, so reputable, so honorable a man was likely to succeed Governor Stone, whose affiliations with the Republican organization and its policies and politics were notorious, not to use a harsher expression.

The nomination of Judge Pennypacker, however, was followed by a series of surprises. In the first place, he resigned and entered upon an active campaign, for which he was but little qualified. Before retiring, however, he gave utterance to a most remarkable interview, in which he defended Quay, justifying his course in Pennsylvania and national politics. This interview was given without consultation with any of his political advisers, and represented his own contribution to the opening of the campaign. It was ill-advised and ill-timed, and prevented many from openly espousing his cause, who otherwise would have been glad to express their appreciation of his sterling personal and judicial merits. He made such an expression impossible, because he made his candidacy represent Senator Quay, and while many were willing to vote for Mr. Pennypacker on the strength of his own character and reputation, they were unwilling openly to espouse his cause because he had identified it with that of Senator Quay.

His lot as a candidate was not a particularly happy one because he had had no experience as a campaigner. He had been accustomed to speaking his mind freely and directly without equivocation, subterfuge, or indirection. The voters of the State were not prepared for such frank declarations, but they could not escape the conviction that he was an entirely honest man, and,

moreover, a courageous one, even though they did not approve of his backers. His election as governor by a plurality of 150,000 was followed by a period of uncertainty. The people did not know to what extent he had pledged himself to Senator Quay, and the politicians did not know to what extent he was to be relied upon to serve their ends and interests.

One of his first acts was to invite Hampton L. Carson, Esq., of the Philadelphia Bar, a distinguished and capable lawyer with an honorable record, to serve in his cabinet as attorneygeneral. Mr. Carson had not only been more or less independent in his political attitude, but only a few years previously had appeared before the U. S. Senate Committee on Elections in opposition to Senator Quay's right to a seat on the strength of Governor Stone's post-legislative appointment. Judge Pennypacker was immovable in his intention to appoint Mr. Carson, and Senator Quay and his friends acquiesced as gracefully as they could in the selection. He made one or two political appointments, including the secretaryship of the Commonwealth and the banking commissionership and the insurance commissionership; but he appointed as State librarian Thomas L. Montgomery, a trained man with no political backing who owed his position solely to his merits.

Wherever untrammeled, Governor Pennypacker appointed clean, capable men to office, but where he acquiesced in the selections of the politicians he did not fare so well.

The men Governor Pennypacker had known and tried and selected proved the wisdom of his choice. Where he followed the judgment of politicians he opened himself to serious criticism. On the whole, however, it must be conceded that the administrative affairs of the State were very much better managed during his term of office than during any previous one for many years. He is certainly justified in saying as he did in a recent address:

"It is not enough that those selected to do the work of the State are of such excellence in their respective spheres, as Carson, Attorney-General; Montgomery, State Librarian; Dixon, Commissioner of Health; Groome, Superintendent of Constabulary; Knox, in the United States Senate, and Stewart, in the

Supreme Court. It is not enough that your pure food laws and factory inspection laws are enforced here as nowhere else in the country, nor that the baking powder bill whose enactment caused so much scandal and iniquity in Missouri was torn to flinders and thrown into the waste basket of your own Legislature; nor that the profit has been so eliminated from the printing that it was difficult to get a State printer to undertake the contract."

The pure food crusade in Pennsylvania, under the leadership of Dr. B. H. Warren, the Dairy and Food Commissioner, forced the Standard Oil glucose company (a trust organization), known as the Corn Products Refining Company, to capitulate. Hundreds of warrants were issued at the instance of the Commissioner against manufacturers of candy, jams, and pies for using a brand of glucose containing sulphur dioxide. A few days after the preliminary hearings the company's attorney asked for a conference, and finally agreed to pay all the fines thus far imposed or to be imposed, and to withdraw the objectionable product from the market. In his letter of surrender the attorney declared:

"Now, realizing that their goods, as at present made, are in violation of the Pennsylvania law, my clients have already given orders to their various representatives to immediately withdraw all bleached glucose from the market-not only in Pennsylvania, but also those in all other States and Territories.

"Henceforth they will make for the United States market only what is termed 'neutral' glucose, that is to say, glucose the color of which is natural light yellow. This glucose contains no sulphur dioxide whatever. It will not please manufacturing confectioners, yet under existing circumstances, we have no alternative but to produce it.

"In addition to withdrawing all illegal glucose from the market and replacing it with glucose fully in conformity with the law, my clients will also assume the payment of all fines assessed against users of their glucose where the prosecution pending against them springs from the presence of sulphur dioxide in their goods."

It is estimated that this action involved the withdrawal of 8,000 barrels of glucose and the payment of fines aggregating $25,000.