New-York tribune., 1909-12-12
THE ICE Trust TERDICT.

The conviction Of the American lee
Company on a charge of attempting tn
create and operate monopoly Is an
other important victory i'm the fight
against the socializa ton of trade and
industry. Its significance lies in the
fact that il discloses power on the
part of the states 10 check monopolistic
tendencies as complete as the power
which the national government has as
serted and is beginning 10 exercise.
The nation led the way in the North
ern Securities case in which the Su-
preme Court decided that the merger of
two naturally competing railroad sys-
TENS constituted violation of the Sher-
man antitrust law. because the union
was bound TO restrict competition in
interstate transportation. The decision
was thought for a time To be a relatively
barren one in the sense that il restrained
DOnOpollZation only in the interstate
carrying trade. But the recent Standard
on decision proved that the prohibition
in the law against the suppression of
competition extended 10 all forms of
interstate commerce. Since the Stand
ard oil Company of New Jersey had as
sumed control of the oil trade in the
United States TO an extent which prac-
tically constituted a monopoly. that COM
pany was declared 10 be operated in
defiance of the Sherman law, and its
dissolution was ordered. The federal
government has thus shown its pur
pose 10 insist on a free field for all in
industry and commerce, Just az IL guar
antees individual liberty and equality OF
rights i'm the sphere of politics.
The verdict against the American Ice
Company brings, the states into line as
factors in the recovery of equality OF
opportunity in local trade, just as
capable Of uprooting monopoly within
their own Jurisdiction as the federal gov
eminent is in the vaster area of inter
state activities. IL has been said that
the state antitrust laws are empty
thunderbolts. The practices OF the
American Ice Company were no secret
10 the prosecuting authorities. Yet the
District Attorney of this county thought
himself unable 10 frame a valid indict-
ment against the company. There had
10 enforce the Donnelly act of 1899.
and the state has had 10 go over the
Lead of Mr.. Jerome aud intrust the in
quiry 10 special agents Of the Attorney
Generals Department But the ease with
which a verdict has now been secured
proves that the distractions 10 prosecu-
tion were unsubstantial The American
Ice Company could hardly have disa-
vowed its obvious intention to restra in
competition in the sale of ice. That Was
exactly the result at which IL aimed
and Is the result al which most similar
combinations aim. So long as the law
failed 10 step i'm and prevent monopoliZa-
tion the temptation 10 get an easy extra
profit out of the suppression of competi-
tion has been TOO strong TO be resisted
by most organizations able 10 dominate
a special industry.
The excuse has been set up that the
monopoly WAS. i'm fact, economically ad-
vsntageous 10 the consuming public. The
sOcia lization of all industry may he de
tended as economically benefcent. Yer
socialism is absolutely antagonistic 10
the principles on which or present
social and political order is based. and
if We are 10 remain an individuaiistic
democracy we shall have 10 maintain the
system Of free competition against So
cialistic Capitalization Trusts aiming
1T monopoly are SOcialistic agencies.
pure and simple. II the transportation
systems Of the country were To be
merged in one control. that control
would soon swallow the government or
the government would swallow il. 50
al along down the line. the combina-
lions which controlled public services
and the sale Of the neceSsaries Of life
would either dominate the community or
The community would have TO dominate
and absorb them. Recent court decisions
suggest that the alternative il becoming
thoroughly understood. They are wei
come as proving that both the states
and the nation are prepared to apply
proper remedies 10 the distemper OF
Sarial liSm