The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-11-12
SIX YEARS OF TRUST BUSTING
AND WHAT MIR. ROOSEVELT NOW
SEEKS no ACCOMPLISH.


Eases Were W0n by the Government
WASHINGTON. Nov. 1.-THE least h
President Roosevelt hopes to accomplish
by way Of new legislation before his present
term of Office expires In the repeal or radical
amendment of the Sherman antitrust law
and the passage Of such laws an will place
the regulation Of railroads wholly in the
hands OF the Interstate Commerce Tom
mission. This is not 80 much for tho sake
Of the commission as for the object Of
leaving the Department Of Justice free to
grapple exclusively with industrial trusts
Of the malefactor description.
Moreover tho President believes that
railroad pooling should be legslized under
certain conditions. Unless the President
modifes his coming message to Congress
ont Of regard for the acute business situa-
tion IL will be possible to read between
the lines Of that state document some Of the
dissatisfaction almost encouragement
which tho chief legal officers of the Admin
i~strstion feel with the present trust hunting
weapons.
"h Nhhb AuN BFNN NbNN
by and for this Administration in regard
70 the enforcement Of the laws and the
enactment of new laws against great
corporations. the chief law officers oF the
Government feel themselves baked in the
effort TO bring about the dissolution Of any
great combination in restraint Of trade"
and in private. at least. they do not plume
themselves on their accomplishments.
The President has said 80 much and writ
ten 40 much about trusts, railroad regula-
ton and the evils Of wealth that the country
has come to believe that the present Ad-
ministration has accomplished incOmpRTa-
ably more than was ever accomplished
before, and the more enthusiastic Of the
third term boomer say that no other man
than Mr.. Roosevelt himself ia fit TO con-
tinue the policies Of the Administration.
fhe fact In. however, that according 10 the
records OF the Government only twelve
suits under the Sherman law nave been
partly successful in the six years Of Presi-
lent ROosevelt's administration and several
f these were minor cases.
Actions Of every kind under the Sherman
aw during the present administration
have been only twenty nine in number
and only eight Of these nave been of the
major class. Nearly all the others we're
Of distinctly minor Importance; just such
cases as have been instituted in the courts
Every year since the law was enacted in
Democratic and Republican administra-
lions. OF the eight big cases actually tried
only three ave been won by the Govern
ment; one was partly successful and a
pitiably small Hne Of $4,000 against one
II the largest industrial trusts in the country
was imposed; one failed utterly and three
are still pending. This is the record Of six
years. In Inc eight years Immediately
preceding there we're not quite as many
legal actions under the Sherman law. but
the number Of verdicts in favor Of the Cow
eminent was six-that is, twice as many as
IN the Roosevelt administration
President RoOseveit's lawyers are dis
outraged when they contemplate the little
HAT has really been accomplished by way
# curbing the trusts. and the President
in turn is dissatisfied with the Sherman
'aw The real pride Of the Administration
a in the administration of the interstate
rommerce law. or the act TO regulate COM
rnerce. and the Elkins rebate law. Yet
he records of the Department Of Justice
show that the humble Of actions instituted
by PrcsideEt Roosevelt under tho inter
state law has been smaller than
those instituted by either President Harri-
son. President Cleveland in his second
administration. or President Mckinley.
There we're " in Harrison's administration.
IOe in Cleveland's second. ~ in McKinley's
and "a in ROosevelt's.
The answer to this statement would be
that the present Administration has awaited
itself freely Of the provisions Of the Elkins
rebate law. although rebate cases we're
repeatedly won by preceding Administra-
lions under the act to regulate commerce..
II the number Of actions instituted by the
present administration under the Elkins
law be added to the number brought under
he older statute. the total is lO5. or three
more than under the second administration
Of President Cleveland nearly fifteen years
ago.
Under the Sherman antitrust law the
three cases which have resulted in n COM
rlete victory for the Government are az
follows: United States VS.. Northern Sc
~cIrities Company. Uyiesd States vs.. Swift
: Co. (beef trust) and United States W..
General Paper Company. The criminal
prosecution brought against officers OF
he so-caIIcd beef trust ended in failure.
and on two occasions President ROosevelt
publicly and severely criticised the pre-
SIDING Judge. VI me oC0er major cases
the one against the Standard OH Company
n Missouri is pending, ~ are those against
tho American Tobacco Company and the
Dupont powder corporations. A criminal
prosecution Of the so-called tobacco trust
vas partly successful and a fine Of $4,000
vas imposed.
OF the nineteen minor actions only Ave
have been completely won. The list in
"ludes some trusts" and combinations
~ restraint of trade absurdly small in
their organizations and operations. The
successful actions instituted by the Adj
ninistration include. for example. one
against tho Retail 0rocers Association
~ the little town Of Nome in far north
western Alaska. The Administration was
also successful in actions against the At
'antio Investment Company. the Federal
salt Company. to discontinue certain prac-
ices in territory west ~ the Rocky Noun
tains. the n9e company in criminal
proceedings. n the Otis Elevator Com
'any. operating in northern California.
In the major case already referred 10
aVainst the General Paper Company. OF
raper trust. an injunction was granted and
he combination was ordered dissolved;
vet q large delegation. representing some