Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-08-11

terests Of immense value has tended
to produce unfair restraints of trade
of an oppressive character, and these
unfair restraints tend to Great great
artificial m~onopolies. The violations
of the law known as the antitrust law,
which was meant to meet the condi-
tons thus arising, have more and
more become confined to the larger
combinations, the very ones against
whose policy of monopoly and oppres-
sion the policy of the law was CHIEFLY
directed.
Many of these combinations by sec
ret methods and by p~rotracted litiga-
ton are still unwisely seeking to
avoid the consequences of their illegal
action. The government has very
properly exercised moderation in at
tempting to enforce the criminal pro-
visions of the statute; but it has be-
come our conviction that in some
cases. such as that of at least certain
of the beef packers recently indicted
in Chicago, it is impossible longer
to show leniency. Moreover. If the
existing law proves to be inadequate,
so that under established rules of evil
dence clear violations may not be
readily proved, defiance of the law
must inevitably lead to further legisla-
ton. This legislation may be more
drastic than | would prefer. If so, it
must be distinctly understood that it
will be because of the stubborn deter
mination of some of the great combi-
nations in striving to prevent the en-
forcement of the law as 1t stands, by
every device, legal and illegal. Very
many of these men seem to think that
the alternative is simply between sub
hitting to the mild kind of govern
mental control w advocate and the
absolute freedom to do whatever they
think best. They are greatly in error.
Either they will. have to submit to
reasonable supervision and regulation
by the national authorities, or else
they will ultimately have to submit
to governmental action of a far more
drastic type. Personally, | think our
people would be most unwise if they
let any evaporation due to the acts
OF certain great corporations drive
them into drastic action, and | should
oppose such action. But the great cor
porations are themselves to blame IL
by their opposition to what is legal
and Just they foster the popular feel
ing which tells for such drastic action.
Some great corporations resort to
Regarding Interstate Commerce.
every technical eXpedient to render
enforcement of the law impossible,
and their obstructive tactics and re-
Iusal to acquiesce in the policy of the
law nave taxed to the utmost the ma
chlnery of h department of justice.
In my Judgment congress may well
inquire whether it should not seek
other means for carrying into effect
ne law. | believe that all corpora
tlons engaSed in Interstate
should he under the supervision of
the national government. do not
believe in taking steps hastily or
rashly, and it may be that all that
Is necessary in the immediate future
Is 70 pass an interstate commerce bill
concerning upon some branch of the
executive government the power of
ehectlve action to remedv the abuses
IN connection with railway transpor-
tatlon. But in the end, and in my iudg-
mont at a lime not very far off, we
snail have to. or at least We shall find
that We ought to, TAKE fu' her action
as regards al corporations doing in
tcrslate business. The enUrn.us lp-
erase IN interstate trade, resulting
from the industrial development of
the last qua, ,er of { century makes
u proper that the federal government
should, so Ia. as may be necessary to
carry into effect its national policy,
assume a degree of administrative
control Of these great C~urpo!atlons.
II may well be that we shall find
that the only effective way of exercis-
ing this supervision is to require all
corporations engaged in interstate
commerce to produce proof satisfac-
tory, say, to the Department of Com
merce, that they are not parties TO
any contract or combination or en-
gagged in any monopoly in interstate
trade in violation of the antitrust
law, and that their conduct on certain
other specified points is proper: and.
moreover, that these corporations
shall agree, with a penalty of forfeit
ure OF their right to engage in such
commerce, to furnish any evidence OF
any kind as to their trade between
the states whenever so required by
the Department of Commerce.
1t is the almost universal policy of
the several states, provided by stat
uLe, JAdL foreign corporations nay law
fully conduct business within their
boundaries only when they produce
certificates that they have complied
with the requirements OF their re.
spectiye states; in other words, that
corporations shall not enjoy the priv.
lleges and immunities afforded by the
state governments without first com,
plying with the policy of their laws.
? Now the benefits which corporations
engaged I'm interstate trade enjoy un,
der the United States government
are incalculable; and in respect of
such trade the jurisdiction Of the Fed,
7 eral government is supreme when II
chooses 10 exercise it.
When, as is now the case, many OF
r the great corporations consistently
strain the last resources of lega.
2 t~echnicality 10 avoid obedience 10 a
= law for the reasonable regulation O