The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1907-12-05

The only question Is as to what gov.
eriimental bCviy eau most wisely exer.
else Il The courts will determine the
limits within which the federal author.
ity can exercise II. and there will still
renrln ample work within each state
for the railway commission Of that
state. and the national interstate COM
tnerce 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 looking
to the proper control Of the great busi-
rcss 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 AMI elsewhere. experience has
definitely s'7,wn not merely the unwis-
dom. hut the futility. of endeavoring to
put stop to all business combinations.
A.odcrn industrial conditions are such
that combination Is not only necessary,
bit Inevitable II Is so In the world OF
busir ess Just as il IL so In the world
of labor. and Il is us idle TO desire to put
IN end to all corporations, to all big
.oin ,inations of capital. as to desire to
nut IN end to combinations of labor.
Corr orution and labor union alike have
come TO stay Each II properly man
agcl Is source of good and not evil.
Whenever In either there is evil II
should lie promptly held to account.
hut II should receive hearty encourage
ment so long as II Is properly managed
4 is profoundly immoral to put or
ecp on the statute books law nomi
nally in the interest Of public morality
that really puts premium upon pub
| lie i.,inorality by undertaking to for
bid rcnest men from doing what must
done under modern business condi-
| tlnns so that the law itself provides
fhat its own infractlon must be the
onlltion precedent upon business sue
| teis TO aim at the accomplishment
of too much usually means the accom-
| illl Itutit VI wv liitit dhh OhtNh shS Wv
ing of positive damage.
Not Repeal, but Amendment.
The antitrust law should not be re-
pealed. but II should be made both
more efficient and more In harmony
with actual conditions. II 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 he an incident of
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 ac-
counts and the subiection Of books and
papers to he inspection OF the gov
ernment officials A beginning has al
ready been plade 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.
tllre the difficulty and delay now incl
dent TO its 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. II is not feasible to carry on
more than limited number of such
suits Such u law to be really effec-
tive must of course he administered
by an executive body and not merely
by means Of lawsuits. The design
should he to prevent the abuses incl
dent to the creation Of unhealthy and
improper combina tions 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 II abuse the power acquired by
combination to 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 "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
binatioDs 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 permisslons as
clear and definite as possible. leaving
the least possible room for arbitrary