The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1907-12-05

recoyntgs fhat this cutilgu t8nsi cone.
The only question Is as 20 shat gcf'
srnnspisl body cat nsost nisfis eAer'
else II The courts will determine the
limits within which the federal auihor.
10 can exercise a. and their wlll st,li
remsiu anpi- work within each state
~ the railway commission " that
state. aud the nAiio1Al Interstate com
merce commission vii wcrl 10 bar
mony with the several siats commits
sio1s. each within It's Own province. TO
achieve the desired end
The Antitrust Law,
Moreover. 10 my judgment. there
should he additional legislation booking
to the proper control OF the great bust
prss concerns engaged In Interstate
business this control 10 be exercised
for their own benefit aud prosperity
no less than for the protection Of III
yestors aud Of the general public. As
I have repeatedly said ia messages 10
congress and elsew here. experience has
definitely shown not merely the unwis.
dom, but the futility. OF endea yorIng 10
put stop 10 all business combinations.
Modern Industrial conditions are such
that combinat ion II not only necessary,
but Inevitable II Is SO In the world OF
business Just as II Is 80 In the world
OF labor, and II Is as Idle TO desire 10 put
an end TO all corporations. 10 all big
combinations OF capital. as TO desire TO
put an end 10 combinations OF lnbor
Corporation and labor union alike have
come 10 stay. Each II properly man
aged Is source Of good and not evil
Whenever In either there Is evil II
should be promptly held TO account,
but II should receive hearty encourage
meDt so long as II Is properly managed.
II Is profoundly immoral TO put or
keep on the statute books law nomi.
nally in the interest OF public morality
that really puts n premium upon pub
lie immortality by undertaking TO for
bid honest men from doing what must
be done under modern business condi.
tions so that the law itself provides
that its own infraction must be the
condition precedent upon business sue
cess, 10 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 II should be made both
more efficient and more In harmony
with actual conditions. II should be
20 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 ac.
counts and the subsection OF books aud
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 &c
the public, still less those the existence
of which is on the whole OF benefit
to the public. But even II this feature
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
meDt must now submit to irksome aud
repeated delay before obtaining fna!
decision Of the courts upon proceedings
instituted, and even a favorable de
cree may mean an empty Victory.
Moreover, to attempt 10 control these
corporations by lawsuits means to im
pose upon both the department OF
Justice and the courts an impossible
burden II Is not feasible to carry on
more than a limited number OF such
suits. Such law to be really effec-
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 aud
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 be tolerat.
ed II II abuse the power acquired by
combination 10 the public dctrlment
No corporation or association Of any
kind should Ike 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 usc and 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 10 them. aud ! 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
A.an,. tta ,.nints 20 Ia altpal M