The sun., 1907-08-12
TEE REcEIVERSHEP ExPEDTENT.

To TEE EDITOR or TIE SCN-bW' AL
though the prosecution Of the trusts by the
Federal authorities for violstions OF the
antitrust act Of 1890 has thus far taken
only the form OF civil actions TO determine
and enforce the pecuniary penalties OF that
act against the trusts In their corporste
capacities with possibly two exceptions
the Attorney General OF the United states
now proposes to apply for the appointment
Of receivers until such time ss these penalties
may be worked out. and In expressing his
opinion that q better moral effect would DO
produced by sending o few prominent men
to Jail" he announces that the future policy
OF the Government will be TO bet no guilty
man Tor corporstlonl escape"
The antitrust act clearly provides Tor
the criminal prosecution OF individuals VINO
violate It's terms. and n In q question OF ex-
pediency alone as to who and how many OF
these prominent pen" shall be sent to jail
as an example to others, but inasmuch es
that act makes no reference TO the appoint
msnt Of receivers for the collection Of such
fines 90 may be imposed against the onend-
ing corporations the question has arisen 40 70
whether the Federal courts have any power
10 appoint such an ofhcer for thst purpose
The more extreme advocates Of the re-
ceivership plan thus proposed contend tnat
In actions against these corporations growing
out Of the violations Of Federal statute the
80 ~ Ss,.rr,.n.d n. ths Fsdsral oourts.
80 s..,,r.,nw ~. i.rsi covrsctness of this
rronas,tion thsv srSue that when this is
done 1t must necessarily follow that some
action on the part of these courts 10 required
TO effect q dissolution. slncs an illegal oor-
poration cannot dissolve itself: that In the
lesiumats exercise Of their equity powers the
nro,~rtv ,n ths rrocsss M vtndins up their
s0s,r. .nd th.t the Federal courts may ap-
ro,nt .nch an ofscer IN the course of the
xss.,,..
Th,s sr.,r.nt bovsv.r "A we'll as the
contsn,ion ,,nor xhich n n hssed IA palpably
un.ound hoth In lorio and In iav. because
~ rsss. unon .hs fsiss sssumption that tho
s,tion ~ : F.dsr.i court An ths appointment
m |. r.c.i vsr IN thcss oasss h the result Of q
di..ontion ~ IN. cornorstlon. whereas the
ruth h tina the oorporstion. being q creature
AZ cns AZ IN. ssvsrsl statea IN and can only
n. .m.r.hI. "a ira ststs 10 which IL owes its
.,,.,.nn. scr .nv sct ~ yni.feasance or nom
fessancs which would IA any event Justify
. forfeiture of ira charter or its dissolution
"A A corporate a body and being matter wholly
within In. iurisdiction Of the creating State,
this can only be determined by the courts OF
that state and A Federal court cannot declare
M. di..olntIor tor .nv purnose vhstaosyer
This py,ncipI. 10 which there in no ex-
c.ption IA elementary. and such was the
49,. . a.. x.-t..n. - A.. aunv.rcs Court
90 .r =, u....S Ss.t.. 4, 81. No,,hsrn Se-
-s.,s so.. 49,. NJ J,.,Ics Harlan.
Su,1S-, 80 Sa,"ts, =, On. eon,t .sv.,
sru. W.s..I 80. n,.v nnt have newer
A.. so,.,s a.. $500 :, ,hs sscuy,,,.. COM
70 'o.i.' sae my. 49,. - a.. shs,ss AZ
2 ~" .r.u.ssr,sa ~ a., hooks ar
dinoSnish or increase its capital stock. All
thss. ana Nke matters ara to be regulated
n~ "U s.s. ~s,ns nr..,.s IN. eom-
W no ~. III ~, sc.o, -. s,r.r
psns. Du. .,., ~ ,n ,.rs,mv .,n,....d
.a ". "s,s,. ,A., ..r,nsnv An
hntS,,. aornor.,ion ana
Ns 49,, ~. n,rno.s.
uus'es. ,on a., .,o.',, 20 ,n,.rsts,s
oi ooao"." S.s;.,. Ii, w.n,
So, .h. ,,'Snrnsn. =, n. o..
W. inin'. ~. s,.,hsr oo,,r,i..,nn
o.. oous n,ais "a 80 w;.ho,,, .G.o,,na
n sne s. .S sanDo-.: .n,.,snos ~ ,hs
n any W. :. o. =. ,h., A.
oeSuIe" s - w s,,u ha.
v.s'on .,e al, a.. s,'nc,;on. "a .
one ~, :, hoiS,ns .,ooL ,r
go, .,Sa.. a. ,,oi.,,an oS n. rsd.r.i
othci 80
anVi-trust ecS' uhue' no WV W, """n