The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-05-19
Regulating the Price OF Ice.

The problem Of dealing with the Ice Trust
ought not TO present much difficulty.
II the American Ice Company has violated
any law, it should be prosecuted for such
violation in the manner prescribed by
statute,
or course, the mere fact that the owner
Of an article Of merchandise demands a
higher price for it than other people think
he ought TO receive does not make him a
law-breaker or entitle the community to fix
the price at which be shall be compelled to
sell the commodity. The public cannot
force the owner OF an ice pond 10 oler It's
product for sale at a maximum rate per
pound which sSitS them, any more h the
public can oblige a mason or a carpenter or
a printer to perform labor for wages which
he does not choose to accept. There must
be something more than the mere asking OF
n price which people are unwilling to pay
to constitute unlawful action on the part OF
the would-be vendor.
In the case of the American Ice Company
the charge is that it has violated a statute
which forbids one stock corporation from
combining with another for the unlawful
restraint Of trade or the creation Of a mo-
nopoly. The Attorney-General is not called
upon to determine judicially whether this
accusation is true or false, but is merely to
inquire whether the evidence in support OF
it is sufficiently strong 10 justify the insti-
tuition of "A suit against the company. The
question is one for a lawyer to decide upon
legal evidence, without reference to popu-
lar indignation on the one side or corporate
influence on the other.
1t Is quite natural that people should DO
indignant when they cannot buy what they
want except at a price which they consider
exorbitant, especially when the article is one
like ice, which they want very much just at
this season of the year. They may properly
doom the promoters Of high prices TO politi-
cal extinction, II they see At. SO far, how
ever. as legal proceedings are concerned.
these men can be punished only for doing
something which the law forbids: and In
assailing them it Is important to keep In
mind the distinction which may exist be-
tween conduct which must be condemned
as illegal and conduct which may be disap-
proved on moral or ethical grounds. al
though it does not offend against any rule
of law
While. as we have intimated. 1t is difficult.
II not impossible, for the State to regulate
the price at which ice shall be offered for
sale by individuals. the Legislature could
control the rates to be charged by corpora
lions. IL it saw fit to do so. There IL no
more difficulty in doing this than there Is In
fixing the maximum rates per mile to be
charged for passenger fares by railroad
corporations. The Legislature might simply
amend the law under which Ice companies
are incorporated so as to provide as a con-
dition OF the organization Of any such cor
p~oration in the future. that its charges for
ice shall not exceed certain prescribed
rates to be fixed in the statute itself
or by some official authority, No such
regulation could be imposed upon indiyid-
ual Ice dealers. who acquire no powers or
privileges as such from the State and are at
liberty to deal with their property as they
will; but a corporation derives its existence
grant can be made conditional upon com-
pliance with such requirements as the State
sees 1T to prescribe.
If those reformers who desire to restrict
the influence Of great corporations would
study the problem from this point Of view.
they might learn something greatly to their
advantage.