The Barre daily times. (Barre, Vt.) 1897-1959, 1907-12-03


he immortality by undertaking 20 for
bid honest men from doing what must
be done under modern business condl-
tons 90 that the law itself provides
that IS own infraetion must be the
condition precedent upon business sue
cess. 10 aim az The accomplishment
Of too much usually means the accom-
pllshment Of too little aud often the do
Ing OF positive damage.
Not Repeal. but Amendment.
The antitrust law should not be re-
pcalcd, but II should be made both
moro efficient and more IN harmony
with actual conditions II should be
20 amended as 10 forbid only the Kind
or combination which does harm to the
general public. such amendment to be
accompanied by or 10 be an incident OF
q grant Of supervisory power 20 the
government over these big concerns
engaged In interstate business. This
should be accompanied by provision
for the compulsory publication Of %.
counts and the subsection OF books and
papers TO the inspection OF tho gov.
eminent officials. A 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 20
the public. stIll less those the existence
OF which Il on the whole OF benefit
TO the public. But even n this feature
OF the law were abolished there would
remain as an equally Objectionable fea.
ture the dlficulty and delay now incl
dent 10 is enforcement The govern.
ment must now submit 10 irksome and
repeated delay before obtaining n final
decision OF the courts upon proceedings
instituted. and even a favorable de
cree may mean an empty victory.
Moreover. 70 attempt 10 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 on
more than a limited number OF such
suits. Such a law 70 be really etfec.
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 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 It abuse the power acquired by
combination to the public dctriment
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 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 I
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 permissions 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
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.
consress' Power.
The congress has the power to char
4k,..,s AZ - Il.