Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1907-12-04

| ernmental body can most wisely cXer-
/ 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 lookin
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
no less than for the protection of in
vestors and of the general public. As
/ have repeatedly said in messages to
congress and elsewhere, experience has
definitely shown not merely the unwis-
dom, but the futility, of endeayoring to
put a stop to all business combinations
Modern Industrial conditions are such
| that combination is not only necessary.
| but inevitable. 1t 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 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 il 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 it should receive hearty encourage
ment SO long as it IS properly managed
It IS profoundly immoral to put Or
keep on the statute books law noni~
nally in the interest Of public morality
that really puts 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 lnfrartion must be the
condition precedent upon business sue
cess. TO aim 1T 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 he 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 bt,
accompanied by or to he 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 gcv
ernment officials. y beginning has III
ready been made for such supervision
by the establishment of the bureau Of
corporations
The antitrust law should not pr0lG3lt
| combinations that do no injustice t.
the public. still less those the existence
OF which is on the whole Of beneat
to the public But even if this feature
of the law were abolished there Wo1,l
remain as an equally Objectionable fpa
dent to its enforcement. The govern
ment must now submit to irksome and
! repeated delay before obtaining a final
decision Of the courts upon proceedings
! instituted. and even favorable de
cree may mean an empty yictary
Moreover, to attempt 10 control these
corporations ly lawsuits means 10 in
pose upon both the department Of
justice and the courts an impossible
burden. 1t is not feasible to carry on
more than a limited number cf such
suits. Such law to be really effec
tive must of course lie administered
| by "a executive body ana not merely
by means Of lawsuits. The design
should be to pcvont the ubuses Incl
dent to the crea tion Of unhealthy and
| improper combinations instead CT wait
Ing until they are in existence and
tlen 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 to the public dctriment
| 4NO NOL kJOidLlO1l u tlSCOCldtiCu VI 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
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 LEASE possible room for arbitrary
action or allegation of such action on
the part Of the executive or OF diver
| oa71T iDtn.D;.pfa tiOnG by tho courts