The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-03-27
. sELF-ENFoRcING REMEpY.

SELF-ENF0RCING REMEDY.
efforts thus far put forward for the
control or even regulation of trust organ.
izations have practically failed. The trusts
keep up Interpretations. The absorption
by them of disconnected concerns goes on
day by day, and not day passes but one
or other community learns of some one
of it's manufacturing concerns passing I'M
der trust control
Remedies have been put forward and
discussed, most of which on their faces
appear to be entirely adequate The trou-
bic appears to be in the uniform disre-
gard by executive authority, of the exist
ing laws. Many Of the measures proposed
and even many of those on the statute
books are of the most radical description,
either on the part of the people or the
trusts that they will ever be enforced
1t is becoming doubtful, indeed, whether
the business community is not reaching
resent natural evolution of the indus
trial system which must be allowed to
assume fixed and tangible form before
the true remedy can be applied.
AS the corporation practically super
seeded the copartnership, as the most com
modious medium for the government Of
mems relations in common business I'M
| dertaking, so is the trust superseding
possible the legal characteristics of the
corporation. States like New Jersey have
through their legal systems done most
toward the evolution Of the trusts And
yet those states which are most favora-
bic to the existence of the trusts are not
those by any means which are worst
! burdened by their operations
This fact suggests in itself remedy
which has been enforced nowhere out
side Of the South, but which no one seri-
ously disputes the efficacy of in prin-
| ciple. Trust organizations are foreign
corporations in the eye Of the law OF
|
respectively been organized. The power
of states to control outside corpora
tons and prescribe the basis on which
they can do business has never been
questioned successfully. In North Car
DINA they have law which forbids
any corporation organized under the
| of or t0 10 h11c ~
that without first becoming a North Car
DINA corporation. By the enforcement
| of this regulation every corporation DO
ing business in North Carolina lis I'M
mediately subject to state control and
regulation and can only exist subject
to the conditions prescribed by it's laws
| If any of such corporations are shown
| to be trusts or to be otherwise en-
gagged in doing an illegal business they
can be forced out of business in North
! Carolina
If such law were In general opera
| ton it would be in great measure self
enforcing and would soon put an end
to trust organization for no trust whose
organization is declared Illegal under the
laws of the particular state in which
it seeks to do business could have any
existence there. The business which it
might do in the state through CORE
spondence would not be likely to prevent
substantial competition in that state.
| While the discussion of remedies is in
progress the consolidation of the in
dustrial interests of the country goes
on apace. Trusts organized under the
New Jersey or Delaware statutes find it
| entirely feasible to do business in all
| but comparatively few states mostly
! in the South by filing a certificate of
Incorporation or by fulfilling some other
| formal official requirement. AS long as
! this is the practice it would be quite
as well if the majority of the states had
laws as favorable to the creation and
operation of the trusts as has the
mother Of trusts, herself, the state Of
| New Jersey.