The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-10

to Governments ownership Of railroads
as advocated by William y. Bryan Ia the
conclusion Of persons who nave heard tbs
Administration's new antitrust policy ex-
planned. While the proposal OF the De-
paFtment Of Justice 70 place corporations
deemed 10 be monopolhstio In the hands Of
receivers does not constitute Government
ownership, IL does mean that tho Federal
Government. an represented by Its courts.
VIII administer the affairs OF the offending
corporations according 10, tn Judgment
OF the receivers and not a. all according
to h policies of the co~rporations' creator
and present officers and directors. In
fact. a. n receivership necessarily implies.
the corporations would be taken entirely
out OF the hands OF their present managers
administered by representatives Of
the Government Of the United States.
1t 10 not pretended by the Department
OF Justice that the ~receivership plan can
be applied or should be applied to all cor
porations which are breaking the law.
for 1t 10 obvious. they say. that some of the
alleged law breakers can be brought TO
book and be compelled to operate along
Law abiding lines without the application
OF 20 drastic Q measure. It Ia ~oontended,
however. that there arc certain trusts
90 organized and conducted that the law
A. applied heretofore will not afford a
remedy. IL ~ for these organizations.
In which the seat Of the trouble cannot be
reached by customary means. that II is
proposed to ask for the appointment OF
receivers by the court.
Tho Government lawyers who formulated
this plsn Of MISUNDERSTANDING proce-
dure lay much stress on the superstition
that the appointment OF q receiver TO manage
the anairs Of . law breaking trust is q prso-
ticAl method Of making the antitrust lava
OF the country thoroughly Elective. "A
high Government officer was asked to-day
what he thought was the practical eject
OF tfre dissolution OF the FIRST great suit
instituted and won by the Government In
the Northern Securities case.
We'll he replied. after a moments
deaibcration. tho moral effect was good.
1t showed the corporation that the law is
greater than the schemes Of any set OF
men. Did it force these railway lines to
oompete? Perhaps not. 1t is sometimes
a diffcuIt matter to enforce composition
or to break up anything except the form
OF an illegal practice on the part Of a great
corporation or monopoly. The trusts are
q natural development Of our times, and
when you 60 against human nature you 90
against a hard proposition"
Tho receiver under the new plan is 0ex-
pected TO do what the Administration would
force the CORPORATIONS to do. but ann
The receiver is expected to administer
the affairs OF the offending corporations
for a long period--ifnecessary. many years
and gradually to dissolve the trust into its
units. to restore the former carrying
lines or producing plantS to their former
status and to bring about a state Of com-
petition among them. The possibilities OF
the scheme are admitted 20 be far reaching,
and that its application viii be bitterly
resisted by every legal means that can
be devised by the lawyers who are en-
pboyed to protect what the corporations
will insist are their inaliensble rights and
privileges 10 the confident expectation of
the Department Of Justice.