Daily press. [volume] (Newport News, Va.) 1896-current, 1908-08-26

asserting new doctrine. In Janu'
uyy, 1896, a Republican house Of re-
adopted u resolution cali.
ling upon Hon. Judson Harmon. then
Iattorney general OF the United States.
now the Democratic candidate for
governor In Ohio. to report what steps,
In anv, had been taken to enforce the
law Of the United States against trusts.
combinations and conspiracies In re-
stralna Of trade and commerce. ana
lwhat further legislation was, In his
IopiDion. needed to protect the peopie
against the same. On the Sth day OF
February he submitted reply. III
(which he described the steps which
twere being taken to enforce the law,
land recommended the enactmen OF
Ifur,aer legislation. | call special at
Itention to the following worus:
Congress may make It unlawful to
ship from one state to another. In
tcarrying out, or attempting 10 carry
Tout. the designs OF such tstate) Organ-
rat!ons. articles produced owned or
controlled by them or any OF their
members or agents
His recommendation embodies the
very idea which our plan now PROPOSES
i{o carry out We want to make II
unlawful for a corporation 10 use the
IinstrumentalitieN Ct Interstate com
merce for the carrying out Of mon
opolistic purpose Surely no party can
lconsistently claim to be opposed TO
priyate monopolies which will permit
the Interstate railroads to be used TO
carry out the designs OF monopoly,
or which will permit the Interstate
IA-sA IN ha a increase
the power OF a private monopoly: Or
to make the case stronger, no part!
can consistently claim to be Oppose"
to the trusts which Will allow the ihaiis
OF the United States to be used by inc
trusts as an agency for the ex'erMl'
nation Of competition. Congress mas
| already exercised this power TO eA'
Terminate lotteries. Why not exercise
II to make private monopolies impos'
sible?,
| II II Is conceded that congress has
| the power to prevent the shipment OF
goods from one state to another wheh
tsuch shipment is q part OF a con-
| suiracy against trade and commerce
then the only question is AZ to the
means to be employed to prevent suoh
shipment. The license system presents
an easy way OF regulating such cor
uorations as need federal regulation.
The law can prohibit the doing OF
thing and impose penalty for the
| violation of the law. but experience
has shown that 1t Is very difficult 10
Gather I'D evidence from all sections
| Of the United States and prosecute
great corporation; SO difficult 10 It,
that although the Sherman antitrust
law has been In force for eighteen
wears. no trust magnate has been
sent to the penitentiary for violating
the law. although in a few cases the
courts has found corporations guilty OF
! a violation Of the law. In the enforce
ment of a penalty. the government
must seek the defendant: by the use
of the license system, the corporation
il compelled to seek the government
! A Trust Defined.
/ A trust can best be defined as q
CORPORATION which controls SO large
a propotion OF the total quantity OF
1 any article used In this coutry as
Ito be able to regulate the price anu
terms Of sale. and as the proportion
controlled determines the power OF the
thrust for harm. 1t has seemed best TO
iuse proportion1te control as the basis
i of this plan. and twenty-five per cent
has been fixed arbitrarily as the pro
norton at which the line SHOULD be
drawn. A corporation which controls
less than twenty-five per cent Of the
product in which it deals, may. in ex-
ltfaordinary cases. exert a perceptiDie
Influence In controlling the price OF
1.-THE product and the terms OF sale. out
las a rule a corporation must control
more than that percentage Of the total
IDroduc; before IT can exert hurtfui IN
:. fluence on.trade. Under this plan. the
small corporations are left entirely free
land unhampered. This.is not discriml'
tnatior against the larger corporation.
hut a recognition Of the fact that rules
iare necessary in the case OF corporal.
lions controlling a large percentage OF
1.-The product which are not necessary
lin the case Of smaller corporations.
I Probably not one per cent OF the
Icorporatoions engaged In Interstate
icommerce would be required to take
lout a license under this pIan-poss'oiy
not one-haR of one per cent would
'lfind In the law requiring license IN
the case OF the larger ones!
i The license. however. would not pre-.
vent the growth Of the corporations
licensed. II would simply bring them
under the eye Of the federal govern
imept and compel them to deal vita the
public in such a way rs to Oxford the
nuhlie the protection necessary. ONO
'Icf the restrictions suggested Is thai
such licensed corporations he COMPEL
I'D TO sell tn all purchasers in all parts
az the country on the same terms. az
Tier making due allowance for cost 81
IIfrsnsporiation. Mr.. TAN attacks this
lre.trjction as utterly impract'cab!e.
IHe saws: IT II can be shown that IN
lorder to drive out competition a cor
Iteration owning a large part Of the
!plants producing an article Is sei,ins
lin one par, Of Iie Country. where Il
Ih,. compet;tors. NJ q low and unprO