The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-12-03
RECOMMENDATIONS AS TO
NEEDED CHANGES IN ANTI
TRUST LEGISLATION.
The Presldent continues

"The antitrust law should not be re-
peaied; but it should be made both more
efficient and more In harmony with actual
conditions. 1t should be so amended
as TO forbid only the kind of combina-
tion which does harm to the general
public, such amendment to be accom-
panied by, or to be an incident of, a
grant of supervisory power to the
Government over these big concerns
engaged in interstate business.
This should be accompanied by provi-
sion for the compulsory publication, OF ac-
counts and the subsection of books and
papers to the inspection of the govern
ment officials. a beginning has already
been made for such supervision by the
establishment of the Bureau of Corpora
tiops.
'tThe antitrust law should not pro-
hihit combinations that do no Injustice
to the public, still less those the ex-
lstencc 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
feature the difficulty and delay now incl
dent to its enforcement. The government
must now submit to irksome and repeated
the courts upon proceedings instituted, and
even a favorable decree 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; 1t
Is not feasible to. carry on more than a
limited number of such suits.
such a law to be really effective must
of course be administered by an execu.
tive. body F and d not merely gSGnld 9S bd means fa nr OF
vent the abuses incident to the creation OF
unhealthy and improper combinations. in
stead of waiting until they are in exist
ence and then attempting to destroy them
by civil or criminal proceedings.
IA combination should not be tolerated
if It abuse the power acquired by eombi-
poration or association OF any Kind should
be permitted to engage in foreign or
interstate commerce that IS FORMED for me
purpose of, or whose operations create,
a monopoly or general control of the pro-
duction, sale. or distribution of any one
or more of the prime necessities OF lie
or articles of general use and necessity.
such combinations are against public
policy; they violate the common law; the
doors of the courts are closed 20 those
who are parties to them, ana 1 bel1eVe the
gross can close the ~channels OF inter-
state commerce against them for its pro-
lection. The law should make It's pro-
hibitions and permissions as clear and
definite as possible. leaving the least pos
sib1e room for arbitrary action, or ale
CATION of such action. on the part OF the
executive, or of divergent interpretations
"AmonG the points to be aimed at
should be the prohibition of unhealthy
competition, such as by rendering
service Mt nm actual loss for the pur-
nose of crushing out competition, the
-nrevention of imitation of capital, and
the prohibition of a corporations
X exclusive trade with itself n
condition of having any trade with
itself. Reasonable agreements be-
tween. or combinations of. corporations
should be permitted, provided they are
hrst submitted 10 and approved by
some appropriate government body.
nThe Congress has the power to char
ter corporations TO engage In inter-
state and foreign commerce, and a gem