The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-07
CAN BE NO MONOPOLY.
lie Says Where Money Is Plenty
and Competition Is Free.
Discrimination in Freight Rates
the Root of the Evil.

Washington. Jan. THE following alb
attract OF the attorney generals recon-
mendation regarding trusts and combi-
nations has been given out at the White
House 1t represents the general atti-
tude Of the administration on this sub
5eot and was authorized by the presi-
dents
Preliminary: The people do not desire
the business of the country to be in
terfered with beyond the regulation nee
essary to control combinations where
they act improperly and to correct any
tendency toward monopoly. In this
country. where money is cheap and
abundant and within the reach Of keen
and capable men. monopoly win be im-
possible if competition is kept free.
Small enterprises have certain advant-
age over large combinations and viii live
and thrive if assured OF an open and fair
field. Rebates and discriminatory rates
constitute one Of the chief restrictions on
competition. They unjustly swell the
earnings of favored concerns and, sup
porting a vast volume of capital stock
which representing nothing bat unfair
advantages over rivals. contributor TO
the building of monopoly
The situation respecting transpOrta-
ton Determinations and the entry of in.
dependent capital into new Industries
has lately been improved. 1t is now
known that the amount of capital en-
barked in independent enterprises in the
past two years at least equals the total
capital Of the great combinations formed
within the previous twelve years. Witt
assurance against predatory COMPETE
tiOn this Improvement VIII continue
Individual Industrial experience, with
the certainty of secure employment of
capital may be trusted to compete
effectively with such selfish cOmbina-
tons as are not formed for sound eco~
m0mlc reasons but merely in order to
capitalize the cOuntry's prosperity for
the benefit OF their promoters. The ex-
istence Of most of these com binatiOns
has not increased the productive ca
paclty Of the country they have merely
acquired the ownership Of re-existing
industries.
Recommendation for immediate legis-
lation:
That all discriminatory practices af-
fecting interstate trade be made Of
lenses to be enjoined and punished.
Such action to be directed alike
against these who give and those who
receive illegal advantages. and to
cover discrimination in prices as
against competitors in particular local
tiles resOrted to for the purpose of
destroying competition.
Ia order to reach producers guilty of
Z these oIenses who are as producers
merely beyond national control a pen
atty shall be imposed upon the inter
goods produced by them, and federal
courts should be given power to re-
strain such transportation at the gov
eminent 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
tnfractious of the law.
The prohibition against carriers
should be limited to those subject to
&he act to regulate commerce, only
carriers operating a line Of railroad or
rail and water line as one line are
required to publish their rates and ad-
here to them. 1t is impracticable to
control the lines operating wholly by
water. Rates of water transpOrta ton
are necessarily open to free compet-
ton, are invariably low by comparison
and thus naturally furnish the stan
dard Of reasonableness without express
regulation.
Tt should be made unlawful to trans
port traffic by carriers subject to the
Interstate commerce act at less rate
than the published rate and all who
participate in violating the law should
be punished
Provision should also be made to
reach corpora tious and combines which
produce wholly within a state but
whose products enter into interstate
commerce. This provision should relate
ilrst to concerns which fatten on re-
bates. second, to concerns which sci
commodities below the general price ir
particular localities or in any other way
In particular localities seek to destroy
competition
There should be a comprehensive plar
10 enable the government to get at al
the Tacts bearing upon the organization
q a.aH a|aaa
interstate commerce, not with a view t.
hamper1ng any legitimate business Of
SUCH concerns but in order to be in 20
sitlon to take action if necessary.
To this end commission or specia
bureau in the proposed department o.
commerce should be created, whose duty
IT should be to investigate the opera.
tons Of concerns engaged i'm interstate
or foreign commerce. to gather informa
ton and data enabling It to ma lQ
recommendation for additional legisIa
toin to report to the president Thi
would be a first step in securing rlrore
publicity This commission should hav
authority to inquire into the manage
ment OF any concern doing an interstat
business. Whenever it become necessar
or desirable 1t should have the authorit-
to call for reports from them to CONNIE
testimony from all witnesses. and TIA
production Of books. papers, etc.
These recommendation are based a
the central thought that the first ste
should be taken by a law aimed at VIVA
are certainly known to be unreasona bl
practices directly restrictive of freedom
Of commerce and by a law securin
some governmental supervision as out
Mmed above special act should b
passed at once to speed the final decisfo
OF cases pending or to be recommends
under present antitrust law providin
for the hearing of such cases by fli
bench of circuit judges and direct an
peal from circuit courts to the suprem
court Of the United States