The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1903-01-07

an Abstract Gf the Attorney Generals
RecOmm mmendations-The Regulation
and Not the Destruction of Trusts De-
stred-RecOmn nhe IL ndations for Imme-
diEte Legislation.
Washington, Jan. 6.-The following
abstract of the attorney generals rec
concentrations regarding trusts and
combinations which were made public
at some length to-day, was given out
at the White house tonight. 1t repre-
ministratiOn on this subject and was
authorized by the president:
Preliminary.
The people do not desire the business
of the country to be interfered with
beyond the regulation necessary to con-
troll combinations where they act i'm
properly and to correct any tendency
toward monopoly, In this country
where money is cheap and abundant
and within The reach of keen and ca
pable men, monopoly will be impossible
If competition is kept free.
Small enterprises have certain ad-
vantages over large combinations, and
will live and thrive If assured of an
open and fair field. Rebates and dis
crirninatory rates constitute one Of the
chief restrictions on competition. They
unjustly swell the earnings Of favored
concerns and, supporting vast volume
Of roifa1 Stno1< which ranroSpJfS moth
ing but unfair advantage over rivals,
contribute largely to the upbuilding Of
monopoly.
The situation respecting transporta-
tion determinations and the entry of
independent capital into new industries
has lately been improved. 1t is known
that the amount of capital embarked
in independent enterprises in the past
two years at least equals the total
capital Of the great combinations form
ed within the previous twelve years.
With assurance against predatory
competition, this improvement will
continue. Individual industrial exper-
ience with the certainty of secure EN-
ployment of capital may be trusted to
compete effectively with such selfish
combinations as are not formed for
sound economic reasons but merely in
order to capitalize the country's pros
perity for the benefit of their promot-
ers. Tfie existence of most Of these
combinations has not increased the
productive capacity of the country;
they have merely acquired the owner
ship of pre-existing industries.
Recommendations for Immediate Legis-
lation
That all discriminatory practices af-
fectlng interstate trade be made Of
fences to be enjoined and punished.
Such legisla tion to be directed alike
against those who give and those who
receive illegal advantages and to cover
discrimination in prices as against
competitors in particular localities re-
sorted to for the purpose of destroying
competition.
In order to reach producers guilty Of
these offences who are, as producers,
merely, beyond national control, PEN
atty should be imposed upon the inter-
state and foreign transportation of
goods produced by them, and federal
strain such transportation at the gov
ernment's suit.
Such legislation is necessary because
the existing interstate commerce law
does not give an effective remedy in
this class of cases against either ship
per or carrier.
The casus omissus in the interstate
commerce act should now be supplied
by imposing a penalty upon carrier
and beneficiary alike and by giving to
the courts the right to restrain all
such infractions of the law.
The prohibition against carriers
should be limited to those subject to
the act to regular commerce. Only
carriers operating line of railroad or
a rail and water line as one line are
required to publish their rates and ad-
here to them. 1t is impracticable to
control lines operating wholly by wa
ter. Rates of water transportation are
necessarily open to the freest competi-
ton, are invariably low by comparison
and thus nearly furnish the standard
of reasonableness without express regu-
lation.
1t should be made unlawful to trans
mort traffic by carriers subject to the
interstate commerce act at d less rate
than the published rate and all who
participate in violating the law should
be punished.
Provision should also be made to
reach corporations and combinations
which produce wholly within a state,
but whose products enter into inter-
state commerce. This provision should
relate. first to concerns which fatten on
rebates; second, to concerns which sell
commodities below the general price in
particular localities or in any other
wav in particular localities seek to de-
stroy competition.
There should be comprehensive plan
to enable the government to get at all
the facts bearing upon the organiza-
ton and practices of concerns engaged
in Interstate commerce. not with view
to hampering any legitimate business
of such concerns, but in order to be in
position to take action if necessary.
To this end a commission or spe-
cial bureau in the proposed department
of commerce should be created, whose
duty it should be to investigate the op-
erations of concerns engaged In inter-
state or foreign commerce, to gather in
formation and data enabling it to make
recommendation for addi tional legisla-