Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1907-12-05
The Antitrust Law.

TO the proper control of the great buSi-
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
vcstors 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 cndclvoTing 10
put Il 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 1t is so in the world
of labor aud 1t is us idle TO desire to nut
an end 10 all corporations, to all big
combinations of capital. rs TO desire to
put an end to combinations Of labor.
Corporation and labor union alike have
come to stay. Each If properly man
aged Is source Of good and not evil.
Whenever in either there is evil it
should he promptly held to account,
but 1t should receive hearty encourage
ment so long rs it IS property managed.
1t is profoundly immoral to put or
keep on the statute books law nomi.
nnlly in the interest Of public morality
that really puts Il premium upon pub
lie immortality by undertaking to FOR
bid honest men from doing what must
be done under modern business condi-
lions so that tho law itself provides
that lis own infraction must he the
condition precedent upon business sue
cess. 10 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.
Tile antitrust law should not be re-
pealcd but it should he made both
more efficient and more in harmony
with actual conditions. 1t should be
So amended MS TO forbid only the kind
of combination which does harm to the
general public, such amendment TO he
accompanied by or 10 be an incident Of
grant Of supervisory power TO the
government over these big concerns
engaged in interstate business. This
should be accompanied Ivy provision
for The compulsory publication of &C
counts and the subicclion Of books and
PAPERS to the inspection of the gov
eminent officials 4 beginning has al
ready been made for such supervision
10y the establishment Of the bureau Of
corporations.
The antitrust law should not prohibit
combinations that 90 no injustice to
the public still less those the existence
of which is on the whole of benefit
TO the public. But even if this feature
Of the law were abolished there would
remain as an equally objectionable fea-
ture the difficulty and delay now incl
dent to its enforcement. The govern
ment must now submit to irksomc and
repeated delay before obtaining final
decision of the courts upon proceedings
Instituted. and even favorable de-
cree may mean m empty victory.
Moreover. TO attempt 70 control these
corporations by lawsuits means TO I'M
pose upon both the department of
5Lsticc and the courts an impossible
burden. 1t is not feasible to carry on
more than a limited number of such
suits. Such q law to be really eGfcc-
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 to the public dctrment
| No corporation or association Of any
kind should lie permitted to engage in
foreign or interstate commerce that il
| formed for the purpose of or whose
! operations create a monopoly or gcn-
eral control of the production, sale or
distribution of any one or more Of the
prime necessities of life or articles Of
/ general use ana necessity. Such COM
/ binations are against public policy.
They violate the common law. I he
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 pcrmssions 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 he aimed Mt
should be the prohibition of unhealthy
competition, such as by rendering sery-
ice at an actual loss for the purpose OF
/ crushing out competition, the proven
ton of imitation OF capital and the pro-
hibitiOn of corporations making ey-
elusive trade with itself a condition of
having any trade with itself Reason
able agreements between or combina-
lions of corporations should be Per
mittcd 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 general
law can be enacted under the provi-
sions Of which existing corporations
could take out federal charters and
new federal corporations could be ere
ated. An essential provision of such q
law should be method of predeter