The Mt. Sterling advocate. (Mt. Sterling, Ky.) 1890-current, 1907-12-04

err great corporations will do we'll ia
recognize that this control must come.
The only question is as to what gov.
ernmental body can most wisely exer-
else it. The courts will determine the
limits within which the federal author
ity can exercise it, and there will still
remain ample work within each state
for the railway commission Of that
state, and the national interstate COM
merce commission will work in har-
mony with the several state commits
sions, each within its own province, to
achieve the desired end.
The Antitrust Law.
Moreover, in my Judgment, there
should be additional legislation looking
to the proper control Of the great bust
ness concerns engaged in interstate
business, this control to be exercised
for their own benefit and prosperity
DO less than for the protection Of in
vsstors and Of the general public. As
/ have repeatedly said in messages 70
congress and elsew here. experience has
dom. but the futility. OF endeavoring to
put a stop to all business com binattons.
Modern industrial conditions are such
that combination is not only necessary,
but Inevitable. 1t ~ 30 In the world OF
business just as it Is SO in the world
Of labor. and it is as idle TO desire to put
an end TO all corporations. TO all big
combinations OF capital, as to desire to
put an end to combinations Of labor.
Corporation and labor union alike have
come to stay. Each II properly man
aged is source OF good and not evil.
Whenever ia either there 10 evil it
should be promptly held TO account,
but il should receive hearty encourage
ment so long as it Is properly managed.
1t is profoundly immoral TO put or
nally in the interest Of public morality
that really puts a 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. 70 aim at the accomplishment
of too much usually means the accom-
plishment of too little and 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 be an incident OF
grant of supervisory power to the
government over these big concerns
engaged in interstate business. This
should he accompanied by provision
for the compulsory publication Of &C
counts and the subsection of books and
papers to the inspection Of the gov
ready been made for such supervision
10y the establishment of the bureau o.
corporations.
The antitrust law should not prohibit
combinations that do no injustice to
the public. still less those the existence
OF which il on the whole OF benefit
10 the public. But eveh If this feature
OF the Law were abolished there would
remain rs an equally Objectionable fea
ture the difficulty and delay now Incl
daut ia ifs an forsap,opt Tho uovotn.
ment must now submit TO irksome and
repea cd delay before ohta ming q fna
decision ~ the courts upon proceedings
instituted and even favorable de.
cree may mean an empty victory
Moreover, 10 attempt to control these
corporations by lawsuits means to i'm
pose upon both the department OF
justice and the courts an impossible
burden. IL is not feasible 10 carry on
more than a limited number Of such
suits. Such law to be really effec.
tive must Of course he administered
by an executive body and not merely
by means ~ lawsuits. The design
should be to prevent the abuses Incl
dent to the create OF unhealthy and
improper ombinations instead OF wait
ing until they are In existence and
then attempting to destroy Them by
eiyil or criminal proceedings.
Law Should Be Explicit.
A com bine lion should not he tol<rat
ell II IL abuse the power acquired by
combination TO the public detriment
No corporation or assocat ton OF any
kiisl should be permitted TO engage IN
foreign or interstate commerce that Ia
formed for the purpose Of or whose
opera lions create a monopoly OF gen
era control Of the production. sale OF
distribution or any dae or more OF the
prime necessities or life OF articles OF
general USE and necessity. Such com
mnstlons are aga Inst public policy.
They violate the comm law. The
doo,S Of the courts ARE clossd 10 those
whe are parties "a them. and | believe
the csngres9 car close ths channels N
iutarstate commerce against them fot
Inv Profession. The law should mako
us prohibitions and permlssions as
clear and dannite ~ possible, leaving
tbs least possible room for arbitrary
action or allegation Of such action OF