Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-01-07

by which these business combinations
may be offered q 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 securing compliance with
the antitrust statute.
BUSINESS OFF TRUSTS.
Generally In the industrial combina-
tions called trusts" the principal bust
ness Is the sale OF goods In many states
and in foreign markets, in other words,
the Interstate and foreign business far
exceed the business done in any one
state This fact will justify the fed
eral government in granting Il federal
charter to such a combination to make
and sell. IN interstate and foreign COM
merce. the products of useful manufac-
turc, under such limitations as will Sc
cure compliance with the antitrust
law. 1t Is possible so to frame n
statute that while 1t offers protection
to federal company against harmful.
veXatious and unnecessary invasion by
the states. it shall subject 1t to reason
able taxation and control by the states
with respect to its purely local business.
GOOD AND BAD TRUSTS.
Many people conducting great busi-
nesses have cherished a hope and
belief that in some way or other a line
may be drawn between good trusts
and bad trusts" and that IT is possible
by amendment to the antitrust law TO
make a distinction under which good
combinations may be permitted to or
ganiZe. suppress competition, control
price and do it all legally If only they
do not abuse the power by taking too
great profit out of the business.
They point with force to certain no
torous trusts as having grown into
power through criminal methods, by
the use of illegal rebates and plain
cheating. and by various acts utterly
vioiative or business honesty or moral
ity, and urge the establishment of somo
legal line OF separation by which Grim
inal trust" of this kind can be pun
ished, and they on the other hand, be
permitted under the law to carry on
their business. Now the public, and
especially the business public. ought
to rid themselves of the idea that such
a distinction Is practicable or can be
introduced into the statute. Certainly
under the present antitrust law, no dis
tinction exists. 1t has been proposed,
however. that the word reasonable
should be made q part of the statute
and then 1t should be left to the court
to say what is a reasonable restraint of
trade. what is reasonable suppression
of competition. what is a reasonable
monopoly.
venture to think this Is to put into
the hands of the court u power impos-
sible to exercise on any consistent
principle which will insure uniformity
of decision essential to just judgment.
1t is to thrust upon the courts bur-
den that they have no precedents to
nj 20. srftr ftl.ar1
Il power approaching the arbitrary, the
usA of which might involve our whole
judicial system in disaster.
VIOLATIONS OF LAW.
In considering violations OF anti
trust law, we ought,of course,not to for
get that the law makes unlawful meth
ods OF carrying on business, which, before
It's passage, were regarded as evidence
of business sagacity and success and
that they were denounced In this act,
not because of their intrinsic morality.
but because OF the dangerous results
toward which they tended. tho con-
centration of industrial power in the
hands of the few, leading to oppression
and injustice. In dealing, therefore.
with many OF the men who have used
the methods condemned by the statute
for the purpose of maintaining a profit
able business, we may we'll facilitate a
change by them in the method of doing
business and enable them to bring II
back into the zono of lswfulness. with
out losing to the country the economy
of management. in which in our do
mestic trade the cost of production has
been materially lessened and in COM
petition with foreign manufacturers our
foreign trade has been greatly In
creased.
Through all our consideration OF this
grave question, however. we must in
sist that the suppression of competi-
ton. the controlling of prices and the
monopoly. or attempt to monopolize in
interstate commerce and business arc
not only unlawful but contrary to the
public good, and that they must be re-
strained, and punished until ended
RECOMMENDATION
l therefore recommend the enactment
by Congress of general law provid-
ing for the formation of corporations
to engage in trade and commerce