The free lance. (Fredericksburg, Va.) 1885-1926, 1907-12-05

Modern industrial conditions are such
that combination IS not only necessary.
but Inevitable. Il is so I'm the world Of
business just as it is 50 in the world
Of labor, and It is rs idle 10 desire TO put
an end to all corporations, to all big
combinations Of capital. as TO desire 70
put an end 10 combinations Of labor.
Corporation and labor union alike have
come to stay. Each If properly man
aged Is a source OF good and not evil.
Whenever In either there Is evil 1t
should be promptly held 70 account
but Il should receive hearty encourage
ment so long as it S properly managed.
1t IS profoundly immoral 70 put or
keep on the statute books law noml.
nally in the interest OF public morality
that really puts a premium upon pub
lie immortality by undertaking 10 FOR
bid honest men from doing what must
be done under modern business condi-
tions so that the law Itself provides
that its own infrac,ion must be the
condition precedent upon business sue
cess 70 aim at the accomplishment
Of too much usually means the accom-
plishment Of too little aud often the do
ing OF positive damage.
Not Repeal, but Amendment.
The antitrust law should not be re-
pealed. but it should be made both
more efficient and more in harmony
with actual conditions. 1t should be
so amended as TO forbid only the kind
OF combination which does harm to the
general public. such amendment to be
accompanied by or to Ice an Incident Of
a grant OF supervisory power TO the
government over these big concerns
ENGAGED IN interstate business. This
should be accompanied by provision
for the compulsory publication Of ac-
counts and the subjecti0n Of books and
papers TO the inspection OF the gov
ernment officials 4 beginning has al
ready been made for such supervision
by the establishment Of the bureau Of
corporations.
The antitrust law should not prohibit
combinations that do no injustice TO
the public. still less those the existence
OF which is on the whole Of benefit
to the public. But even If this feature
Of the law were abolished there would
remain as an equally Objectionable fea-
ture the difficulty and delay now incl
a.. ,,,F.r.arannf. fHHg
ment must now submit to irksome and
repeated delay before obtaining final
decision Of the courts upon proceedings
Instituted, aud even a favorable de
cree may mean an empty victory.
Moreover, to attempt to control these
corporations by lawsuits means TO i'm
pose upon both the department Of
Justice and the courts an impossible
burden. 1t is not feasible to carry on
more than n limited number OF such
suits. Such law TO be really eilec-
tive must of course be administered
by an executive body and not merely
By means of lawsuits. The design
should be to prevent the abuses Incl
dent to the creation Of unhealthy and
improper combinations instead of walt
ing until they are In existence and
then attempting to destroy them by
civil or criminal proceedings.
Law Should Be Explicit.
A combination should not be tOlerat-
ed If 1t abuse the power acquired by
combination TO the public detriment
No corporation or association OF any
kind should be permitted to engage In
foreign or interstate commerce that Is
formed for the purpose Of or whose
operations create monopoly or gen
eral control Of the production, sale or
distribution Of any one or more OF the
prime necessities OF life or articles OF
general use aud necessity. Such COM
binatiOns are against public policy
They violate the common law. The
doors OF the courts are closed 10 those
who are parties to them. and | believe
the congress can close the channels OF
Interstate commerce against them for
its protection. The law should make
its prohibitions and permisslons as
clear and definite as possible, leaving
the least possible room for arbitrary
action or allegation Of such action on
the part Of the executive or Of diver
gent interpretations by the courts.
Among the points to be aimed at
should be the prohibition Of unhealthy
competition. such as by rendering serv-
Ice at an actual loss for the purpose OF
crushing out competition, the preven'
ton Of imitation OF capital and the pro-
hIbltlon Of a corporations making ex-
elusive trade with itself a condition OF
having any trade with Itself. Reason
able agreements between or comblna-
tions of corporations should be per
mitted provided they are first submit
ted to and approved by some appro-
pirate government body.
Cenqressi Power.
The congress has the power TO char
tsr corporations TO engage In Interstate
and foreign commerce, and a general
law can be enacted under the provi-
sions of which existing corporations
could take out federal charters and
new federal corporations could be Gre
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