The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-24
TRUSTS AND The LAW.

President SchuTman of Cornell, who
has impressed his hearers here by the
breadth of his culture and the sound
ness Of his philosophy. astonished his
audience of Monday evening by his
declaration that the Sherman anti
trust law is in conflict with the. spirit
OF this age. and should be repealed. Yet
there should have been no surprise at
that declaration; the president of the
United States has said the same thing,
the Civic Federation conferences agree
with Mr.. Schurman. every thoughtful
observer who has noted the progress of
the law in its effect on industrial and
social development comedies with his
conclusion.
As construed by the courts. the anti
trust law hits the guilty and innocent
alike: that is, it prohibits purely legiti-
mate combinations as well as those
which are injurious. The result has
been to place in the hands of the exec
utive a weapon of tremendous power
for good or evil and make it possible
10 use the law as a means of discrim-
ination on behalf of the favored cor
porations. Dr. Schurman's selection of
the tobacco trust does not seem to
have been particularly happy. because
the tobacco combination has used its
power to Cypress the producer. whether
it has raised prices to the consumer or
not
Just what shall be the measure by
which to determine the good or evil of
combination has not been thorough
ly established under the federal law.
The Standard OIL is commonly regard
ed as an example OF the worst form of
monopoly, but the steel trust has, so
far. been exempt from attack i'm the
courts by the federal authorities. The
one thing OF which the people are GER
tain is that monopolies have exploited
the consumer numerically and that
existing laws as enforced have afforded
no relief from this exploitation. The
beef trust is a perfect demonstration in
that it has been prosecuted, convicted
and fined without affecting its estab-
Ashed policy OF monopoly and extor-
Tomato prices.
Granting that the Sherman law needs
modification. there yet remains the need
Of alternative remedies. The people
arc determined to secure relief from
Undesirable conditions; those conditions
rest upon the failure of existing law.
the defiance Of the statue by com5ina-
tons of capital. DR.. Schurmau does
not indicate in his speech. as reported. !
just how he would remedy the evils
complained Of. but it is obvious that
the first step is a reduction of the tariff
on such articles as arc produced by the
trusts to point where prices will be
within reason.
Abolish the power to earn enormous
dividends on watercd securities through
tariff favor. and one step toward the
protection of the consumers, the great
majority of the people. viii have been
taken. Permit combinations under
such conditions as viii prevent extor-
ton or suppression Of legitimate COM
petition; provide terms OF imprison- |
ment for predatory competition and de-
liberate violation of the law. and make
the Imprisonment apply 10 the heads
Of the offending corporations: insist on
full publicity of all operations involved
in combinations established by per-
slission Of the law. With these as basic
terms, and with a quickened public
conscience to uphold the enforcement
of the law, the worst of the trust evils
viii be abolished