The sun., 1908-12-13

making powers. State and national should
heed the outory and remedy the evils.
The answer OF our Congress to these
demands has been given In the anti.
trust laws. Their aim Is not to make
any poorer. but to give all q chance to get
rich; not to destroy or divide anew existing
wealth. but to help everybody who can be
creator of wealth to himself profit by its
creation. How far they are well and wisely
framed to attain their ends ID O question
of no little interest and may add OF no
little difficulty: but TO criticise them either
intelllgently or fruitfully their ends must
| be understood.
For example. nothing could be more at
variance with their purpose than to make
1t crime for any one producer or dealer
TO do more than rs or so or rs or 90 per cen =
tum OF the aggregate business done In his
| line; nothing could be more foreign TO their
| spirit than, to thus penalize business sue
| cess and the qualities which lead to such
success Their prohibitions and penalties
are not against the manufacturers or the
traders doing more business himself. but
against his making others do less: they
forbid schemes In restraint of trade. not
schemes In furthersnce of trade. They
condemn monopolies. but the mere fact
that one man or one corporation does all
the business which is done does not create
monopoly: unless he or It shall shut out
others from that business. others who could
and would otherwise engage In 1t. no monop-
oily exists,
Mr.. Bonaparte closed wi tn this sugges-
ton as to the reform OF the antitrust
laws:
These statutes seek to prevent what may
be called moral obstructions to the free
dom OF interstate and foreign trade: why
not deal with them as we deal with physical
obstruotions to such freedoml When the
free use OF navigabe waters Is impeded
by bridge or other structure an admin
is trative officer, the Secretary of War. de-
termines upon due notice and inquiry
whether this impediment constitutes an
unreasonable obstruction to naviga tion,
and II he finds 1t such orders its alteration
or removal, and obedience to his order is
then enforced by appropriate and effective
proceedings and penalties. This statute
has been held constitutional by the Supreme
Court after full consideration. and in a case
OF great hardship to the parties affected
IL Is now obeyed by all promptly and with
out complaint. Can We not entrust ad
ministrative officers. under proper safe
guards. with the like duties and powers
regarding contracts or combinations In
restraint of trade or tending to create
Ndn VIC not TeHeNo OUT Gu
eral courts OF q burden which do not be-
Iieve the trainers OF our Constitution ever
expected them 10 bear and which. so far
as know. outweighs any imposed on Its
Judiciary by any other nation? II we can
I know OF no change in the law which to
my mind would better serve the cause
of Federal Justice or which better deserves
the intellg gent support OF the bar OF the
country.
James NJ. Beck. who spoke to the toast
"A Government of Laws, Not of Men,"
found occasion early in his address to
describe MIR. Bonaparte as the swift
footed mercury of Washington MIR.
Bonaparte smiled slightly, while the Penn
sylvanians yelled in laughter. Then
General. He said he was Interested
in hearing Mr.. Bonaparte's fervent ap-
proval of the present antitrust laws and
the administration OF them because
he remembered quite distinctly speech
MIR. Bonaparte made at Chicago two
years ago in which Mr.. Bonaparte said
that no legislative action, State or ma
tional. in restraint of combinations was
desirable.
Mr.. Beck had hardly got the words
out of his mouth when the Attorney
General, somewhat exercised. jumped
to his feet, interrupting Mr.. Beck 8 speech.
Mr.. Bonaparte continued to talk for
smiling amiably. endured the Interrupt
ton.
The Attorney General said he was
quoted in the manner Mr.. Beck recalled
but that he had changed his mind since
that time. Considerably boiled down
the remarks of the Attorney General
were to the effect that he believed any
attempt TO avoid the responsibility OF
the American people in regulating their
own commerce would be detrimental
to their best interests
Mr.. Beck, when he got another start,
said pleasantly that the Attorney General
had avoided cross-examination by his
frank explanation OF change Of heart.
The Pennsylvanians were trife
stirred over the incident.
Later on in his speech, Mr.. Beck criti-
cised Attorney General Bonaparte's sug-
apparently on q recon-
mendation in the last message Of Presi-
dent Roosevelt-that the Federal courts
be relieved of burden by entrusting to |
an administrative commission or tribunal
the control Of corporations doing business
between States.
MIR. Beck denied the wisdom Of such
He said that an administrative
tribunal Of that character would be utterly |
foreign to American ideas and would not |
be tolerated a day. There was a good
deal of applause at that.
Hampton l.. Carson wound up the |
speechmaking with a talk on The Su- |
preme Court in American Jurisprudence"
BACON on USURPATION.
He Speaks OF Executive Interference to