The times. [volume] (Richmond, Va.) 1890-1903, 1896-01-15
ArrAck on rnApr ASp FREEDOM.

ATTACK on TRADE AND FREEDOM.
There are some wonderful provisions in
Senator Withers antitrust bill, which,
we are informed. will come before the
Committee on General Laws for oonsid-
Grafton this morning. The fifth section
OF II forbids two or more persons 10
agree together that they will keep any
article Of merchandise at a fixed or grad
uated figure.
Now. Mr.. Withcrs. no doubt had that
bogy which he calls a trust before MS
mind when he drew this section. lie
means, perhaps to say that trust
shall not fix q price on an article or
merchandise and keep It there. But, as
he has drawn his bill. Il forbids any two
or more persons to do this. How are
our mercantile partnerships to get OK
cmption from these provisions. if this
bin becomes d law? They consist OF
two or more persons" and when the
partners IN firm confer together and
determine that they win Keep their goods
a. a fixed or graduated price have they
not fallen within the prohibitions Of Mr..
Withcrs' bill2 They clearly have, and
if his bin IS to become law, there can
DE no more mercantile partnerships for
the conduct of commerce and trade.
The trouble about Mr.. Withers' bill,
and about all measures Of the sort, is
that their authors think there is some
distinction in principle between the ordi-
nary biercantile partnership and the
great aggregations Of capital that occur
when several strong mercantile partner
ships pool their issues. and work to-
gether. But an act, when performed by
one man. does not differ in its nature
when performed by two men working to-
gether, and IL it is innocent. when per-
formed by two men working together, 1t
IS equally innocent when performed by
ten men. or by one hundred men, or 10y
one thousand men. when working to-
eether. II the act Itself is innocent, the
number OF persons engaged together in
performing it cannot mako it vicious.
Mr. Withera has perfect right %
forbid separate corporations from com
binlng together ana acting as one cor
pora1ion, because a corporation has no
right to, do anything except what Ia
specified in it's charter But he has no
right to nut limitations upon what any
one corporation may do, that Is, within
the scope Of It's charter. That corpora
ton. so long as it adheres 10 the lines
laid down in its charter has a. much
right 10 amplify its business and pile
up money from its profits as an individ-
nal has. Nor has ne any right 10 put
limitations upon what two, ten, one hun
dred. or one thousand men may do, when
cooperating together as partners.
When we say he has no right 10 GO
this. we are not dealing with the power
Of the LEGISLATURE. The legislature has
,ov,er to do a great many things most
harmful to the citizen. We mean. 1t
has no right TO put such limitations upon
the acts of the citizen, If it is to pay any
regard TO the natural and fundamental
rights Of all citizens of a free govern
ment.
We say. then, that Mr.. Withers con
POUNDS the imaginary Trims he thinks
his bocy-a "trust'-may do, with the
everyday acts that all our citizens have
a perfect right TO do. And when he
hits at his bogy he deals our whole popu-
;ation a srlghtful blow and leaves the
bocv unscathed at the same time be-
cause the bogy IS nothing but bogy.
There is no such thing as those dread
full trusts" that Mr. Withers IS so
terrified by They are nothing but great
and natural aggregations Of capital do
ing "A huge business and reaping proper
tomato and legitimate profits: But we
do not understand that men are to be
forbidden to work together as partners
because they may extend the principle
so as TO take in many partners with
millions of dollars Of capital and thereby
make immense profits. If that is 20 be
the new propaganda. the people have
right to know it, and we don't believe the
LEGISLATURE will pass any such act.