Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1907-12-06

no less tnan Tor TIE protection OF H.
yestOrs sud % the general public As
l have repeatedly said ia messages 10
congress and elsewhere experience. has
definitely shown Dot merely the unwis.
dom. but the futility. OF endeavoring 20
put stop 20 all business combinations.
Modern Industrial conditions are such
that combination Is not only necessary,
but Inevitable. IL Is SO In the world Of
business just Us II Is SO in the world
Of laLor and Il Is as Idle TO desire 90 Put
an end 10 ali corporations. 10 all Dig
combinations Of capital. as 10 desire 10
put an end 10 combinations OF laI.or
Corporation and labor union alike have
come 10 stay. Each II properly man
aged Is source OF good and not eyil
Whenever In either there Is evil IL
should be promptly held 10 account
but II should receive hearty encoura sc.
ment So long as II Is properly managed
IL is profoundly immoral TO put or
keep on the statute books law noInl
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 condl-
lions SO that the law itself provides
that its own infraction must be the
condition precedent upon business sue
cess. TO aim at the accomplishment
OF too much usually means the accom-
pllshment Of too little and often the do.
ing of positive damage
Not Repeal. but Amendment.
The antitrust law should not I've re-
pealed. but II should be made both
more efficient and more In harmony
with actual conditions. 1t should lie
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 be 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 &C.
counts and the subsection of books and
papers to the inspection OF the gov.
eminent officials. 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
the public. still less those the existence
| of which is Oh the whole OF belei'
to the public. But even If this fea. ure
of the law were abolished there would
| remain as an equally Objectionable fea.
! ture the difficulty and delay now Incl.
dent TO its enforcement. The govern.
ment must now submit TO irksone and
repeated delay before obtaining final
| decision of the courts upon proceedings
Instituted. and even favorable tie
! 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. Ii is not feasible TO carry OIL
more than limited number of such
suits. Such law TO be really effec
! tive must of course be administered
| by an executive body and not merely
| should be TO prevent the abuses Incl
! dent 10 the creation of unhealthy and
| improper combinations Instead of wait
| 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 he tolerat-
ed If 1t abuse the power acquired by
| combination to the public detriment.
| No corporation or association Of any
kind should be permitted 10 engage In
! foreign or interstate commerce that Is
! formed for the purpose of or whose
! operations create a 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 and necessity. Such COM
| binations are against public policy
| They violate the common law. The
| doors of the courts are closed to 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 permlssions 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 proven
| ton of imitation Of capital and the pro.
hibition of a corporations making ex-
| elusive trade with itself condition Of
having any trade with itself. Reason.
able agreements between or combina-
tons of corporations should be per.
mitted provided they are first submit
ted to and approved by some appro-
pirate government body.
Congress- Power.
The congress has the power to char.
ter corporations to engage in interstate
and foreign commerce, and n general
| law can be enacted under the provi-
sions of which existing corporations
could take out federal charters and
new federal corporations could he ere
ated, An essential provision Of such
law should be method of predeter
mining b. some federal board or com.
mission whether the applicant for
| federal charter was an association or
combination within the restrictions OF
| the federal law. Provision should also
be made for complete publicity in al.
mnttars affecting the nuhlic and conn