Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1905-02-16
THE OLD TRUST pRosLEM.

NoJ Adto IubabiOu hb II " was tOlub-
thing new for a government to regu-
late rates. AS a matter OF fact, it is
very old. In the States Of the Union
there are many laws regulating the
prices of certain services and COM
modities. For instance, there are nu-
merous laws in regard to usury, many
Of the States prescribing maximum
rates to be charged by leaders on loans
oi money. To charge more than these
rates is punishable as violation OF the
law There are similar laws prescrib-
ing maximum rates for gas, electric
light, street railway transportation,
passenger traffic on steam RAILROADS,
elevator charges and other things. Tn
fact, the principle ia we'll established
that once an occupation is classed as
public calling the Legislature and the
courts have the right 10 fix the price
that may be charged.
Centuries ago, as was shown in re-
cent article by d N. Frederiksen, gov
ernment regulation Of rates was the
common practice. I'm modern law"
says Mr.. Frederiksen, these old pro-
\ visions Of forestslling. regrating and
engrossing have been comparatively
lost sight Of, and have been oyersbad-
owed by the laws against combina-
lions and agreements in restraint OF
trade. In reality, they furnish a safer
means OF regulating the trusts, as COM
binations and conspracies are hard to
prove and the injnnctions forbidding
them are, If possible, still harder to
enforce"
The only difference between the
trust question OF today and that OF
centuries ago, is that now the combi-
nations and monopolies cover conti-
nents, whereas then they were con-
fined 20 counties. But, go far as the
actual conditions OF life are concerned,
a county centuries ago was as large as
a continent is today. Any trust which
then controlled a trade within a county
, was as powerful so far as the people OF
! that time were concerned as a trust is
: today in controlling the trade OF ma
ton. Mr.. Frederiksen has made a
careful study OF the old laws, and he
finds that prices Of almost all articles
I OF necessity to the common people
we're fixed not by competition, but by
/ law. Bread, beer, wine, meat, flsh,
poultry, wax, candles, cloth, inn
keepers' rates, mill charges ferry
rates, blacksmith charges, weIghers'
' fees, carriage charges rates Of inter-
. eet and even rates OF wages were in
I those days regulated by law and not
! by contract
Indeed be believes that the princi-
pie Of these old laws might be adopted
today IN application to the modern
/ trust problem. "HIstorleal, economic
I and legal development, he says,
4 moves in the waves, and swings from
one extreme 60 the other. The devel-
= opment OF modern industry beginning
in the middle Of last century, when
steam and coal were applied 70 mod
/ ern machinery, revolutionized former
I methods Of production and trade, and
commenced q period OF free COMPETE
! ton aud laissez faire' under which
, our modern law has grown up
! and developed until the laws
applicable 20 conditions where
monopoly was the rule have been in
I part forgotten. The new trusts, world
. wide In their power and extent, into
. which modern manufacturing and mer-
camille business seems 10 be gradually !
consolidating, have sprung up so rapid
. that they seem to have outstrlpped the
/ laws OF their own time. The pendu-
lum ia now swinging back towards con.
ditions resembling those outlined |
> above, and the legal development must
follow in the same direction aud find |
precedents among these old laws and /
: decisions OF the very foundations OF /
the republic may be shaken. Our Leg I
islatures and courts have made a false |
start in being led OF IA the direction
Of conspiracy, combination and anti
trust laws, when che true remedy is
% tx maximum rates aud to regulate /
and control profits aud business meth.
DDS, But some % the public service
decisions point che other way, and 10
these are followed iu the future the
b satisfactory regulation ot the trusts
may perhaps yet be expected
Without accepting ar frederik-