Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-12-03
The Antitrust Law.

VeStOfS anu OF INC BcuSiai puDhNf -
I have repeatedly said in messages to
congress and elsewhere, experience has
definitely shown not merely the unwis-
dom. but the futility, of endeavoring TO
put a stop to all business combinations.
Modern industrial conditions are sucn
that combination IS not only necessary,
hut inevitable. IL Is so 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 Dig
combinations of capital. as to desire 70
nut an end to combinations OF labor.
CORPORATION and labor union alike have
come TO stay. Each II properly man
aged IS a source of good and not evil.
whenever in either there is evil It
should be promptly held to account
but II should receive hearty encourage
ment so long as it 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 premium upon pub
lie immortality by undertaking to Tor
hid honest men from doing what must
be done under modern business condi-
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-
plIshment OF too little and often the DO
ing of positive damage.
Not Repeal, but Amendment.
The antitrust law should not be re
peaIed. but it should be made botn
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
a grant OF supervisory power TO the
government over these big concerns
Engaged in interstate business. rms
should be accom- panied by provision
for the compulsory publication OF ac'
| counts and the subsection Of books and
papers TO the inspection OF the 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 TO
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 it's enforcement The govern
ment must now submit to irksome and
repeated delay before obtaining final
decision Of the courts upon proceedings
instituted. and even 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. It Is not feasible to carry on
more than limited number OF such
suits. Such a law to be really efrec-
| 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 If it abuse the power acquired by
combination 10 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 and necessity. Such COM
binations are against public policy.
i 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 or
Interstate commerce against them for
its protection. The law should make
| It's 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 nj an actual loss for the purpose or
crushing ont competition. the proven
ton Of Initiation Of capital and the pro-
hbition Of a corporations making ex-
elusive trade with itself n condition OF
having any trade with itself. Reason
| able agreements between or combina-
lions 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 a general
law can be enacted under the proyl-
sious of which existing corporations
could take Oat federal charters and
new federal corporations could he ere
tied. An essential provision Of such
aw should Toe method OF predeter-
mining 10y some federal board or COM
mission whether the applicant for
federal charter was an association or
combination within the restrictions OF