The Washington herald., 1909-04-18
WADE ELLIS HITS TRUST Law
Assistant Attorney General Ad-
dresses Bar Association.
Size OF a Corporation Ought Net 10
Make II Outlaw. He says-Re-
marks Held TO BE Significant.

New York. April I7.-Declaring that he
did not speak in his official capacity. but
as one lawyer to another. Wade Ellis OF
Ohio. the new assistant 20 the Attorney
| General Of the United States by the per-
sonal selection Of President Taft. re-
sponded 10 the toast. The business man
and the law at the annual banquet OF
the Westchester Bar Association at Del
monico's tonight. in such a manner as
10 leave the impression among many Of
his hearers that his treatment OF the
trust, questions and kindred topics Of gov
ernmental policy may have had a deeper
significance that he claimed for It.
He not only gave the Sherman anti
trust law a solar plexus blow. but pre-
senteI Ideas of how 1t should be amend
ed 10 make il effective; went on record
as approving traffic agreements and pool
ing between railroads: took direct issue
with E. II. Hartman by declaring that
there shosld be no retreat from the pol
icy Of governmental control OF railroads.
and tndOrsed as ~immeasurabIy good
the past seven years agitation Of moral
social. and economic questions.
He declared that the first thing 10 do
with the antitrust law is 10 make its
terms clearly and precisely define everv-
thing that II forbids. and he summed up
the essentials of such a law as follows:
That the meaning mus be made clear.
That the Only real evil is the power TO control
prices
That 10 combination Of capital should be con-
demned unless the intent Is 20 coutrol prices
That the mere size Of a corpo0tion ought not
20 make IL an outlaw.
That private business. 50 far as IL Is consistent
with the public welfare. ought to be left in private
hands
He felt that II was not in the size OF q
corporation, but in the secrecy with
which It was conducted, that the danger
lay, and that there were natural limita-
tions to the power of control Of any
corporation frankly flying its own flag.
with its own name over the door
If the day ever comes" he exclaimed.
when one man or one corporation shall
buy all the wheat and make all the
-four OF buy all the coal and iron and
make all the steel we may be driven 10
some lawful and orderly method TO pro-
tect the public, but that is a remote con-
tingency, which 10 distortion Of present
conditions can twist into a prophecy"
He maintained that the antitrust act
should not apply TO railroads. because
protection could be amply secured
through the interstate commerce act. and
IN his fling at Hartman, after insisting
that no policy should be adopted by the
government 10 re-ard the natural devel-
opment OF transportation facilities. Mr.
Ellis said:
IN my judgment. he is likely 10 be
who predicts retreat along
the line Of railroad supervision he The
government, and he Is mistaken who as
serts that the issuance Of railroad Sc
curities is none OF the peoples business"
In conclusion, Mr.. Ellis declared that
we viii never go back 70 any OF the
evils that are gone. We may proceed
more steadily, but we Will not halt: every
inch OF ground that has been gained In
the cause OF better government viii be
held"