The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-01-08

!. !.
:. But such All invcsti CATION and =
:. possible prosecution Of corpora :.
- tlorls. whose prosperity OF de :.
= Struction affects the comforts not -
- only Of stockholders. but OF mil =.
= lions Of wage earners, employees =
- and associated tradeamen. must =
- necessarily tend to disturb the con- =,
=. fidence OF the business community. =,
= TO dry up the now flowing sources Z.
= Of capital from its places OF hoard =
= ing, ana produce a halt in our =
= present prosperity that will cau5c =
= suffering and strained circum- :.
:. stances among the innocent many i.
= for the faults OF the guilty few. :
reason for leaving tho act as il Is. to
accomplish rs useful purposc even
though. II 1t were being newly enacted
useful suggestions as TO change OF phrase
might bc made.
Duty Of Executive.
1t Is. the duty and inc purpose OF the
executive To direct Investigation by the
department oil justice through the grand
jury or otherwise, into the hs;orye or
ganigation and purposes OF all the indus
trial companies with respect 10 which
there = any reasonable ground for sus-
plcIon that they have been organized fol
purpose ana arc conducting business on
a plan. which Is in violation ui the anti
trust law. The work Is a heavy one buI
it is not beyond the poTer of the depart
lncnt Of justice. il sufficient tuudS are
furnished To carry on the investigation.
and To pay the counsel engaged I'm III,
work. Eut such al Investigation and pos
sible prosecution Of corporations. whose
- IL.
forts not only OF stockholders. but 81
rnillons of wage Gamers. employees ano
associated trades mon. must ucccss9 rill
tend TO disturb the confidence Of the hlIsi-
ness community. 20 dry up the now
flowing sources or capita! from It's place
OF boarding, and produce halt in olIl
present prosperity that will cause sui-
fnring ana strained circumstances amonc
The innocent MANY for the faults Of thC
guilty. few. The question which ! wlsf
i'm this message 10 bring clearly 10 thC
'onsideretion and discussion of congress
IL whether i'll order 10 avoid such pos
stble business danger. something canno
he done by which these business comhiua
lions may he offered 2 means. withou
great financial disturbance. Of cDancin.
the character. organization and extent
OF thcir business into one within tho line,
oI the Law. under federal control ana su
pcrSIsion securing compliance with thC
antitrust statute.
Federal Charter Plan.
Generally i'm The industrial combiDs
tions called trusts the principal bust
and in foreign markets. in other words
the Interstate and foreign business IA
exceed the business done in any on'
state. This fact will Justify the fedora
government in granting federal Charte
To such n combine tion 10 make and Scil
III Interstate and foreign commerce. th'
prndpcls Of useful manufacture. undel
such limitations as will secure x com
rliance With the anti trust law. H. il
possible 10 so frame a statute that whil'
II offers protection TO federal compa n,
sary invasion hy the states. IL shall sub
Ject II 10 reasonable taxa tion and con
troll by the states with respect 10 IT:
purely local business.
nesses have cherished Il hope and 4 he
lief that IN some way or other i linz
may be drawn between good trusts snc
bad trusts" and fhat i; il possible b,
amendment 10 the antitrust Ia " 10 max.
a distinction under which good comblna
'ions may be permitted To- organ nizc, sup
press GomBe'ition. control price and IL
the power by taking too great profit on
OF the business -
Arguments Advanced.
They point with force TO certain no.
torious trusts as having grown into pow.
er through criminal methods. by the usc
OF illegal repat and plain cheating. lnc
by various acts utterly violstive o( busi
ness honesty or morality, and urge tn,
esta hlishrnert Of some legal line OF sep
sration by which criminal trusts" Of hi.
kind can be punished. and they. Oh IN.
other hand. he permitted under The Law
10 carry on their business. Now The
public. and especially the business pub
lie, ought 10 rid themselves OF the ides
that such distinction is prs ctica bic .,
can he introduced into the statute. Ger
tainly under the present antitrust Law
no distinction exists. II has been pro
nnUelp1s "a h,N 1-I
able should he made 2 part NJ m.
statute. and then il should he left /,
the court to say, what is a reasona bl.
restraint Of trade. what is rea soma bl,
suppression OF competition what is F:
rcs Sonable monopoly
] venture to think this is To put int,
The hands Of the court power impos
sible 10. exercise on any consistent prin.
cipie. which will insure uniformity %
decision essential to lust judgment j
Is TO thrust upon the courts n burdeI
that they have no precedents 20 rrr, Ill,
them TO carry. and 10 give them 4 powcl
approaching lie arbitrary. the use o
which might involve our whole judicia
system in disaster.
Scope Of the Law.
In considering viola tionS OF auti-trus
law, we ought Of course not forget tina
law makes unla Wf'I methods Of carryin.
on business. which, before its passage
were regarded AS evidence of bushes:
saGaCi,y and success. and that they wer,
denounced in this act not because %
their intrinsic plor2li lity. but because o
the dangerous results toward which they
tended. the concentration of industrial
power in the hands OF tho few leading
TO oppression and injustice, In dealing
therefore, with many Of the men VIII,
have used the methods condemned hN
the statute for the purpose OF maintain
ing profitable business. We may wei
facilitate a change by them in The meth.
oo OF doing business and enable them t.
bring il back into the zone Of lawful
ness. without losing 10 the country Tn.
economy OF mana cement. in which i'm our
dome site trade tho cost of production
has boon ma tcrially lessencd End IL
competition with foreign manufa cturcrs
our foreign trade has been greatly in
creased
Through all our consideration of this
grave question. however, we must in
sist tina, the suppression of competition
the controlling of prices and the monop-
oily. or attempt 10 monopoliZe in inter
state commerce and business. are not
only unla Wful but contrary Ia the public
good and that they must be restrained
and punished until ended.
Specific Recommends tion.
I therefore recommend the en- @ctmsut
by congress Of general law proVidin.
for the formation OF corporations 10 en-
gage in trade and commerce among the
cI, nd