New-York tribune., 1907-09-24
BONAPARTE ON TRUSTS.
attorney General WW Recommend
additional LEGISLATION.
TFrom The Tribune Bureau. I

Washington. Sept. 23.-Attorney General Bona
parte returned 20 Washington to-day after an alb
| sence Of some weeks. during which time he con-
ferred with District Attorney Sims who had charge
of the Standard Oil prosecution in Chicago and
who is representing the IN the Chicago
& Alton Railroad
The Attorney General said, discussing trust
prosecutions In general. that he would embody IN
his annual report important recommendations
of legislative enactments which he believed would
strengthen the existing law. The Sherman law IN
the estimation of Mr.. Bonaparte requires amend
rnent. but he unwilling state for publication
the details of his forthcoming suggestions
To what extent the President will ernbody the
Attorney Generals recommendations in his mes
sage to Congress is of course unknown. oot 'here
is reason TO believe that he will adopt the sus-
gestions Of the legal officer OF his Cabnet-
The framing of legislation to control large COY
porations. and especially to prevent the fornation
of trusts is attended with the utmost dhcnlN'
eajd a high legal authority this afternoon. The
simple question. When a corporation become
trustT is OF itself considerable Of pronien'
Then too. IT Is. in the estimation of some Oh 'he
best legal minds in the government ana IN ION
rress clearly impossible to enforce prohinluon
against combinations in restraint Of trade de-
spite the fact that the Supreme Court of the United
States has hold such be the intent of the Sher-
man law.
For instance assume that there are two factories
IN given territory. both manufacturing the same
table business. One or the other tires or the slIu-
alton and purchases It's rival and the consolidated
factory then conducts the entire business 1here
has thus unquestiorab1y occurred combination IN
restraint of trade and that IS forbidden bE ths
Sherman antitrust act construed by the United
States courts.
Nevertheless there Is trust in the premises
assumed because there other factories IN the
country making the same goods. and competition
while narrowed slight extent. is not elimi-
+ba factory
then proceeds to purchase an additional competing
factory and another. and another, there may still
be no evidence Of a trust
When, therefore, does the corporation pufchas-
ing the business of its competitors become trust?
The LAWYERS disagree and the Supreme Court ny
declaring that the Sherman law forhids3all COM
binations in restraint Of trade. whether they be
reasonable or unreasonable. has avoided deciding
the question
IN the estimation Of some Of The best lawyers
there is no trust unless more of the COM
petitors been forced tn sell or 60 out Of bust
ness under And vet II is admitted that cir
Curustances ere conceivable in which q single cor
poration might far absorb It's competitors as 70
acquire complete monopoly without the exeruon
Of durexs and still. a complete monopoly having
been acquired. It would have become. in effect. a
trust
II the Attorney General has solved all the prob
lens connected with this somewhat intricate sub
tsct there will doubtless be great qualification on
the part Of those lawmakers who are sincerely de-
siros Of preventing by legislation tho monopoliza-
ton of any industry by trust. and doubtless any
suggestions which the President may eTnhody in
his message on this subject VIII be received with
unusual interest
The Attorney General declined 70 cay what would
,a the course Of the government with reference n
the Chicago & Alton case. but said that he haa
-,-..+e, letter Of instructions Dstrc: Atior-
ne,- Sims which embodied the results ~ their con-
,,araation IN Chicago Tie text Of IN" lettcr pfoo
ably will be made public IN Chicago tomorrow.
Tho tenor Of M Bonaparte's remarks on this SUB
g.. -. +aLa, 70 indicate that the government is
determined TO stand by its guarantee OF immunity
n the Alton and indicate further that no agree
,ren. with Judge lands has been reached
r., Attorney General EXPRESSED qualification
with the progress being made IN tho prosecution
=. .ha 5isso,,,ion suit IN New York against the
standard oil Company. and highly commended the
work Of Frank b Kellogg. special United states
Attorney.