Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-08

|
therefore the wisdom Of changing 1T
language by limiting its application
to serious combinations with inten
to restrain competition or contro
prices. A reading of the opinions o.
the supreme court however, make.
the change unnecessary, for they ex
clude from the operation of the &C,
contracts affecting interstate trade
in but a small and incidental way
and apply the statute only to the
real evil aimed at by congress.
The statute has been on the stat
ute book now for two decades, and
the supreme court in more than 8
dozen opinions has construed it ir
application to various phases of bus
mess combinations and in reference
to various subjects matter. It hat
applied it to the union under ont
control of two competing interstate
railroads, to joint traffic arrange
ments between several interstate
railroads, to private manufacturers
engaged in a plain attempt to con.
troll prices and suppress competition
in a part of the country, including
dozen states, and to many other
combinations affecting interstate
trade. The value of a statute which
is rendered more and more certain in
its meaning by q series of decisions
of the supreme court furnishes a
strong reason for leaving the act a.
it is, to accomplish its useful par.
pose, even though If it were being
newly enacted useful suggestions az
to change of phrase might be made.
It is the duty and purpose Of the
executive to direct an investigation
by the department of justice
through the grand jury or otherwise,
into the history, organization, and
purposes of all the industrial COM
pan1es with respect to which there
Is any reasonable grounds for sus-
picion that they have been organ
lied for purpose, and are conduct
ing business on a plan which is in
violation of the antitrust law. The
work is heavy one but it is not
beyond the power of the department
of justice, If sufficient funds are fur
nished, to carry on the investigations
and to pay the counsel engaged in
the work. But such an investiga.
ton and possible prosecution of cor
porations whose prosperity or de-
structi0n affects the comfort not
only of stockholders. but Of mil
lions of wage-earners, employees, and
associated tradesmen must necessar.
lily tend to disturb the confidence
of the business community to dry
up the now flowing sources Of CAPT.
tai from it's places OF boarding, and
produce halt in our present pros
perity that will cause suffering and
strained circumstances among the
innocent many for the faults of the
guilty few. The question which
wish in this message to bring clear
ly to the consideration and discus
sion Of congress is whether in order
to avoid such possible business
danger something cannot be done by
which these business combinations
may be offered a means, without
great financial disturbance, of
changing the character, organization
and extent of their business into one
within the lines of the law under
federal control and supervision, Sc
curing compliance with the anti
trust statutes.
Generally in the Industrial combin-
atoms called "Trusts" the principal
business is the sale of goods in many
states and in foreign markets; in
other words, the interstate and for
eign business far exceed the business
done in any one state. This fact
will justify the federal government
in granting a federal charter to such
a combination to make and sell in
interstate and foreign commerce the
products of useful manufacture I'M
der such limitations as will secure
a compliance with the antitrust
law. 1t is possible so to frame a
statute that while it offers protection
to federal company against harm
full, vexatious, and unnecessary in
vasion by the states, it shall SUBJ
ject it to reasonable taxation and
control by the states, with respect
to it's purely local business.
In considering violations of the
antitrust law we ought, of course,
not to forget that that law makes
unlawful methods of carrying on
business which before it's pa4age
were regarded as evidence of bus
{~1 ~ 1