davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-07-01

IMMENSE LOT OF WELL
Tailored Skirts, made of best quail
ity linene. in white, light blue, tan.
navy and brown; five attractive
new models in full-pleats, knee
pleats and cluster pleats. All
lengths. SSc.
The Washington times., 1910-01-07

where Il appears that the acquisition
and concentration Of property 90 TO the
extent OF creating a monopoly or OF
substantially and directly restraining
interstate commerce. Il is not the Iuten-
ton Of the Government TO permit this
monopoly TO exist under Federal moor
poratiOu OF TO trans fer 70 the protecting
wing Of the Federal Government q State
corporation now violating the Sherman
act But e is not, and should not be,
the policy Of the Government 20 pre-
vent reasonable concentration Of CapI-
tai which is necessary TO the economic
development Of manufacture. trade. and
commerce. This country has shown
power Of economical production that has
astonished the w0Fl6, and has enabled
rs 10 compete with foreign manufaC-
lures Ga many markets It should
be- the care Of the Government TO per
NIT such concentration Of capital while
keeping open the avenues Of individual
enterprise and the opportunity for
man or corporation with reasonable
capital 70 engage in business II we
would maintain our present business
supremacy. We should give 20 Industrial
concerns an oppO- tuulJy 70 TecrEs-nlze
and TO concentrate their legitimate ca pl-
carry on their large b Islu=ss within the
lines OF the-Iaw-
Second There are those who doubt
the CONSTITUTE Jnality Of such Federal In
corporation The regulation OF inter
state and foreign commerce Is certainly
conferred IN the fullest measure upon
Congress and Il for the purpose OF Sc
curing I'm the most thorough manner
that kind OF regulation Congress shall
insist that II may provide and authorize
certain agencies 70 carry on that com
meTCe. Il would seem 20 be- within its
power This has been distinctly affirmed
with respect 10 railroad companies doing
an Interstate business and Interstate
bridges The power OF Incorporation has
been exercised by Congress and upheld
by the Supreme Court IL this regard
Why then. with respect 10 any other
form Of interstate commerce Ike the
sale OF goods across state boundaries
and Into foreign commerce. may the
same power rot be asserted Indeed.
II IS the very rat that they CsrrS on
interstate commerce that makes these
great Industrial concerns subject TO Fed
e-ai prosecution and control
The Washington times., 1910-01-07
capitalization of Railroads to Be Regulated and Permis-
sion Granted to Make Traffic Agreements
If Suggestions Are Adopted

others; and would prevent the recUr-
renee Of many Of the practices which
have given rise ia the past to so much
public Inconvenience and loss
BY my direction the Attorney Cen
cral has drafted a bin 10 carry out
these recGmmendati0ns. which viii be
furnished upon request TO the apDprO-
PIRATE committee whenever II may be
desired
tn addition 10 the FOREGOING
amendments Of the Interstate com
uerce law, the Interstate Commerce
Commission should he given the
power after a hearing 70 determine
upon - the uniform construction of
those appliauces-such as sill steps.
ladders. roof ua-d holds. running
boards. and hand IRA l1es on freight
cars engaged N Interstate commerce
used boy the rain men in the opera
lion or trains, the defects and lack OF
uniformity In which are apt to pro
CUCe accidents and injuries TO rail-
way train men, The wonderful re-
forms effected III the number Of
SvvitChment and train men injured by
coupling accidents, due 10 the en-
forced introduction Of safety cOuplers,
S q demonstration Of what can be
done If railroads are compelled TO
adopt proper safety appliances,
The Washington times., 1910-01-07
Must Be Restrained.

Through al uu. consideration Of this
grave question. however, we must insist
that the suppTe5sion OF competition, the
controlling of prices. and the monopoly
or attempt 10 mouopoIize Ia interstate
commerce and business, are not only
unlawful. but contrary 70 the public
good. and tlEr they must be- restrained
and punished until ended
7 therefore recommend The enactment
bE Congress OF q general law providing
for the formation Of corporations 70 en-
ga e IN trade and commerce among the
-Tat ties and with foreign nations. pro-
re-tiuE them from undue interference
by the States and regulating their &C
rl-iTies. so az To prevent the recurrence.
under national auspices OF those abuses
which have arisen under state control
such law should provide for the is
sue OF stock OF such corporations % an
amount equal only 20 the cash paid ia
on the stock. and II the stock be issued
for property then at a Ea-- valuation,
asreTtaiuad under approval and sGpervI-
sion Of Federal authority after q. fun
and complete disclosure OF all the facts
0a-ta ming 90 the value Of SUCH property
and the interest therein or the persons
Co whom ir IS proposed 70 issue stock
-u payment OF such property
II should subject the real and personal
property only OF such corporations 20
The Washington times., 1910-01-07

nation sought to be en5oined was held
not 10 be included within the prohf5I-
TON Of The act because the a-errle-t s.
did not 90 beyond the me-e acquisition
OF manufacturing plants Tor the refining
of sugar, and did not Include that OF a
direct and intended restraint upou trade
and commerce in the sale and delivery
OF sugar across State boundaries and
fl foreign trade The result Of the sugar
Trust case was not happy. IN that IL
gave other companies and com b5uaTf0nS
seeking similar method of MAKING
Front by eSta Ell SGlGg an bSOlute con
tToi and monopoly IN a particular line
OK manufacture a sense Of immunity
against prosecutions IN the Federal
jurisdiction. and where that Jurisdiction
Is barred IN respect 20 Q business which
Is necessarily CCUUeISU-E with the
boundaries Of the r1rn--v no state
1'ACllneTT Tor adequate restraint or
punishment
Following the Sugar Trust decision.
however there have come along in the
slow but certain course OF T-diCfa. ----
position cases involving q construction
or the antitrust statute and its aDD7iCa-
ton until now they seem 10 ernbra &c
every phase Of that law which can
De practically presented 20 the Arnzri-
can public and TO the Government for
action They show that the antitrust
act has d wide scope and applies to
many combinations in actual 0upra-
ton. rendering them unlawful and sub
IeCt 10 indictment and restraint
The Supreme Court in several OF rs
decisions has declined TO read into the
statute the word ''Tnrea souah BILE before
restraint Of trade on the ground tna-
the statute applies 10 all restraints and
discretion 20 determine what IS a rea-
soma bic restraint Of trade
The Washington times., 1910-01-07
CHANGES ARE SOUGHT IN SHERMAN ANTITRUST LAW
WITH FEDERAL INCORPORATION FOR BIG COMPANIES

especially the business public, ought 20
rio themselves OF the idea that such q
distinction is pTdetics bic or can be in
tTOduCcd into the statute
Certainly uuCCT the present antitrust
law no such distinction exists 1t has
been proposed, however, that The word
reasonable should be made & part of
the statute, ans then that II should be
left 10 the court 10 say what Is a rea-
Souable restraint Of trade what is a
reasonable Suppre Sslon Of competition,
what IS q reasonable monopoly [ ven
jure 10 think that this is tb put into
the hands Of the court a power inpos-
SIHle 10 exercise on any consistent Drin-
cIple which VIII insure the uniformity
If decision essential 10 Just judgment
lt IS TO thrust upon the courts a burden
that they have no Drecedents 10 enable
them 90 carry, and to give them power
approaching the arbitrary. the abuse
OF winch miFHt involve our whole judi
cal system IN disaster
IN considering violations Of the anti
trust law we ought, Of course. not to
forget that that law makes unlawful.
methods OF carrying GE business which
before IFS passage were regarded as
evidence OF business s8gaCity and sue
cess, and That they were denounced ia
his act not because of their intrinsic
immortality, but because Of the GanEer-
GUS results toward u Lich they tended
the CouC"Dtra tIgu of Industrial power in
the hands OF the few. leading TO Oppres-
s ION and injustice. In dealing. therefore,
with many or the men who have used
the methods condemned by the statute
FOR the purpose OF maintaining a profit
able business we may wei facilitate q.
charge by them IN the method Of doing
business and email bic them to bring IL
back into the zone Of lawfulucsS with
out losing 10 the country the economy
Of management ny which ia our do
nestle trade The cost OF production has
been materially leSsened and I'm compe-
iTiu1 WITH foreign manufacturers our
foresEu trade has been greatly IN
The Washington times., 1910-01-07

fects-matter. II has applied II 20 the
union under one control of two Comp"t-
ing interstate railroads. 10 joint crlffic
arrangements between several inter
state railroads. 10 private manufacSur-
e-s engaged in q plain ATTEMPT 10 con-
troll prices and suppress competition IN
a part OF the country, including a dozen
States. and 10 many other combinations
affecting Interstate J.ade. The value
Of a statute which IS rendered more and
more certain in its meaning by a series
Of decisions OF the Supreme Court FUR
uiSLes a strong reason Tor leaving -Ie
act as 10 is, 20 accomplish it's useful
purpose even though II it were being
newly enacted useful suggestions as 10
change of phrase might be made
II IS the duty and purpose OF the TX
ecut5ve TO direct an iuv@sJi cation by me
Deua --UeUl Of Justice, through the
grand Jury o. otherwise. into the his
tory organ Iza-toU. and purposes 90 all
tle Industrial companies with respect to
which there IS any reasonable ground
for suspicion that they nave been or
gaufZed Tor a purpose and q IT, conduct
t1E business on a plan which is IN viola
ton OF the antitrust law The work is
2 heavy one. but Il Is not beyond the
power Of the Department Of Justice. II
Sufficient Funds are furnished 20 carry
on the IDvsS-iGariOns and 10 pay the
counsel engaged IN the work But sICl
an investigation and possible FroSecu-
-Eau Of corporations whose prosperity or
destruction affects the comfort not only
Of stockholders but or millions or wage
e1-lcrs. employees. and associated trades
men must necessarily tend TO disturb
- confidence o. the business cCmufn-
inv TO dry up -le now flowing sources
Of capital from its places OF boarding
and produce a alt IN our present pros
pe-5fE that VII. cause suffering ana
strained circumstances among the In
u1~eu- many FOR the faults q the guilty
The Washington times., 1910-01-07
Would Avoid Dancer.

The question which I wish IN this
message TO bring clearly 10 the CouSid-
Grafton and discussion OF Congress IS
whether IN order 10 avoid such a pos
sibGe business danger something can not
re done By which these business com
binaJioos may be offered q means. with
out great financial disturbance or
changing the character. organization.
and extent OF their business into one
within the lines OF the law under Fed
e-aI control and supervision. securing
compliance win the antitrust srarute.
Generally. IN the industrial CumUIua-
EcDs called trusts. the principal BuSi-
ness is the sale Of goods I'm many States
the Interstate and foreign business far
exceeds the business done in any one
STATE ThiS fact viii justify the Fed
eral Government in granting q Federal
charter 20 such combination % make
and sell Iu interstate and foreign COM
tGre under such limitations as viii Sc
cure compliance with the antitrust
law IL IS possible SO TO frame a stat
ute that while II offers protection 10
a Federal company against harmful.
TFEErroUS- and unnecessary invasion oE
the States II shall subject il 20 reason
able taxation and control by the States,
with respect to its purely local business
Many people conducting great busi-
EcSseS have cherished a hope and a be-
lief that in some va OF other q lire
may De draw between good trusts
and bad trusts" and that il is possible
by amendment 70 the antitrust law 20
make distinction under which good
conbiua tons may he permitted 10 or
E7nIZe, suppress competition control
do not abuse the power by taking too
great profit ont OF the business.
The Washington times., 1910-01-07
Drastic and Far-Reaching Would Be Effect of Legislation
Asked by Executive in Carrying Out His
Already Announced Policies.

the corporations affected by them nave
but three courses before them
First, they must resolve themselves
into their component parts in the DIFF
ferenJ States, with = consequent loss
To themselves OF capital and enectIve
organization and TO the country Of cor
ceutrated energy and enterprise or
Second. in defiance Of law and under
some secret trust they must attempt 10
continue their business IN violation or
the Federal statute, and thus incur the
penalties Of contempt and bring on an
inevitable criminal prosecution Of the
individuals named ln The decree ana
their associates or
Third, they must =orgauize and &C
cept in good faith the Federal charter
L suggest
A Federal compulsory license law.
urged a. a substitute for q Federal m
corporation law. Is unnecessary eXceur
10 reach that kind Of corporation which.
bv virtue Of the considerations afread z
rariiy o. an incCrpC ration law, While
the other state CORPORATIONS doing an
interstate business DO not need the
supervision or Ehe regulation Of Fed
era1 license am would only be uuneces-
sariIv burIeEed thereby.
The Attorney General, At nv suREes-
ton, has drafted @ Federal inCOrpora-
ton ill., eDbodyinE the views / have
attempted 10 set forth and e VIII be ar
the disposition of the appropriate com
mittees Of Congress
The Washington times., 1910-01-07
Prohibition Of Act

u the prohibition Of the antitrust act
against combinations in restraint Of
trade IS TO he effectively enforced. ft is
essential that the National Government
shall provide for the creation Of na-
t5onaI corporations to carry on a Iegiti-
mate business throughout the United
states. The conflicting laws Of the Diff
fereur states or the Union with respect
20 foreign corporations make IT difficult.
II not impossible. for one corporation
10 comply with their requirements so as
20 carry on business IN a number Of
d5Her--t States.
To the suggestion that This proposal
or Federal fncorpOra ton for Industrial
The Washington times., 1910-01-07
DRIVES CATARRH MUCOUS
FROM NOSE AND THROAT

or do You want to rid yourself forever
Of vile Catarrh. with its Illuminating
symptoms. such as hawking. splitting.
blowing and bad breath?
Hyomei is a simple, antiseDtic med
icine- that YOU breathe through a small
pocket inhser over the parts affected
by catarrh-
II IS made Of Australian eucalyptus
mixed with other germ killing and men,
braHe soothing antiseptics
Get a complete outfit today Tt onIv
costs SI-oo, end contains everything nee
essary to cure any ordinary case Of
catarrb-
Hyomei Is the best remedy in the
world for sore throat. coughs and colds.
Group and bronchitis. It gives wonder
t1l relief IT. Two minutes Every. one
should have a Hyomei outfit For sale
ny druggists everywhere and by Henry
Evans. Mail orders filed prepaid bv
Booths Hycmei Co. Buffalo, y. Y
The Washington times., 1910-01-07
Supreme Court Decision.

How far as incidental 20 the carrying
oIs Of that commerce Il may be within
the power OF the Federal Government
to authorize the man factUre Of goods,
is perhaps more open TO discussion,
though a recent decision Of the Supreme
Court would seem TO answer that CUES
ton in the affirmative.
Even those who are willing 10 cOnCede
that the Supreme Court may sustain
such Federal Incorporation ara inclined
TO oppose il on the ground Of IT'S ten
denCy TO the enlargement Of the Federal
power at the eEpe 80 IF the power OF
the States II Il sufficient answer TO
this argument 20 say that 10 cher meth
Cd can he suggested which offers Fed
eTsl protection on the one hand and
close Federal supervision on the other
Of these great organizations that are
In fact Federal because they are as
The Washington times., 1910-01-07
Catarrh Sufferers Get Relief
in Two Minutes

PERHAPS vou think IL IS necessary TO
spit out mucous or blow Il through the
nose tt NAV De that you think YOU
have catarrh so BADLY that il cannot be
cured: That Il Is YOUR misfortune TO be
Handicapped in life by the disgusting
symptoms Of catarrl-
When druggists have a remedy called
Hyomei that relieves acute catarrh i'm
two minutes simply bv breathing it I'm.
and cures chronic catarrh in a few
weeks, by the same simple method
aren't YOU going 10 pay a little at
tiCn2
And wher Eeurv Evans states most
emphaticaIly that he viii guarantee Hy-
Cmei 10 cure Cstarrh OF give you YOUR
money hack, w7at IS your answer
are yea satisfied with your condition,
The Washington times., 1910-01-07
Restraint of Trade.

The expression restraint Of trade"
comes from the common Law, and at
common law there were certain cove
nants incidental 10 the carrying out Of
q main or principal contract which were
said 70 be covenants in partial restraint
Of trade and were held to be eufOrCI-
bic because reasonably adapted to the
performance Of the main OF principal
contract. And under the general Ian
guaKe used b. the Supreme Court in
several cases. L would seem that even
such incidental covenants in restraint
Of interstate trade were within the IN
hibitIOn . the statute and must be con
demued- In order to avoid such q r.
suit, 7 have thought and said II might
be well to amend the statute so as to
exclude such covenants from its con
demuation-
@ A close examination Of the later deci-
The Washington times., 1910-01-07
Less Of Capital.

I wish to make this distinction as
emphatic as possible. because 1 con
ceive that nothing could happen more
. destructive TO the prosperity OF this
country than the loss OF that great
economy IN production which has been
and VIII be effected IN all manufac-
turing lines by the employment Of
large capital urder one management
90 not mean u say that there IS not
limit beyond which the economy
OF management BY the enlargement
OF plant ceases; and where this hap
pens and cOmbins ton continues be
yOud this point. the very fact shows
intent 10 mOnOpOiize and not to
economic
The original purpose of many comb
nations Of capital iu this country was
not confined 20 the legitimate and prop
Ct object Of reducing the cost of pro-
QUcuoI- Da the CONTRARY the history
OF most trades viii show at times a
tererish desire Io mite bv purchase.
combination, or otherwise all the plants
IN the country engaged in the nanGfac-
tuTe OF q particular line OF goods The
idea was rife that thereby @ monopoly
could be effected ana a control Of prices
brought about which would inure 20 Jhe
profit OF those engaged IN the CombIna-
ton The path OF commerce is
strewn with failures Of such com
biDatious- Their projectors found that
the union OF all the plants did not pre-
vent competition. especially where
proper economy had not been pursued
the business after the aggregation was
complete.
There were enough however. OF such
successful combinations 10 arouse the
fears of good. patriotic men as 10 the
result Of a continuance Of this move
mClt toward the concentration In the
hands Of a TeE Of the absolute control
OF the prices OF all manufactured prod
The Washington times., 1910-01-07

the same taxation as IS imposed BY the
Sfe=-s ..ftrlD which 10 my be situated
ga0u ~-aer similar property located
therein end ir should require such cor
roratE1us 20 file fun and complete re-
ports OF their operations with the De
uarru=ur Of Commerce and Labor at
regular intervals
Corporations organized under this act
should be prohibited from acquiring and
holding stock En- other corporations lex
-err for special reasons upon approval
b. the proper Federal authority. thus
-oi5iU- rE- creation. under national
auspices or the holding company with
subordinate corporations In different
States. which has been such an effective
agency in the creation of the great
Hiss arI r-rEuUnLL.--
The Washington times., 1910-01-07

SiouS Of the court, however, show quite
clearly Iu cases presenting the exact
question. that such incidental TeStTai lts
Of trade are held not to be within the
law and are excluded by the general
statement that, to be within the statute,
the effect upon the trade Of the re
straiut must be direct ami not merely
incidental or Indirect. The necessity
therefore, for an amendment OF the
statute so as TO exclude these incidental
and beneficial covenants ~ restraint OF
trade held at common law to be reason
able does not exist
In some Of the opinions Of the ed
eral circuit judges there have been m
timatiOns. having the effect, II sound
10 weaken the force Of the statute nt
including within il absUdly rulmpcTf-
ant com binatious ana ARA -SeiHeilL9
and suggesting therefore the wisdom OF
changing its language by limiting ~
application to serious combinations WIN
intent 20 restrain competition or con
troll prices a reading of the opinions
or the Supreme Court however. makes
the change unnecessary, for they eN-
Guide from the operation of the act con-
tracts affecth 2 interstate trade III put
q small and occidental way, and apply
the statute only to the real evil aimed
at 1E Congress.
The Washington times., 1910-01-07
Use Illegal Rebates.

They point with force to certain no
toTious trusts as having grown into
power through criminal methods by the
use OF Illegal rebates and plain cheat
ing and by various acts utterly vi0-
lative Of business honesty a.d morality.
and urge the establishment OF some
legal line OF separation by which Grim
inal trusts Of this kind can be pun
ishea- and they, on TIE other hand. be
permitted under the Law to carry on
their business Now the public. and
The Washington times., 1910-01-07
CONSTRUCTION OF LAW

The object OF the antitrust law
WIS not 10 Interfere with
a great volume Of capital which,
concentrated under one OrEanIza-
ton, reduced the cost Of production
and mace its profit thereby and
took no advantage Of its -izC by
methods akin 10 duresS TO stIfIc
competition with IT.
The Washington times., 1910-01-07
TO PROTECT CAPITAL.

IN dealing with the men who have
used the methods condemned Cby
the antitrust Iaw) we may vel
facilitate a change By them IN the
method o. doing business and en-
able them 60 bring 1t back n the
zone OF laETuIness without losing
20 the country the economy Of man
azement by which In our domestic
trade the cost OF production has
been materially 1ssssued.
The Washington times., 1910-01-07

wide as the country and are entirely
unlimited in their business by state
INES >sor IS the Capitalization of Fed
efai power under this act likely 20 be
excessive Only the largest corporations
would avail themselves Of such a law.
because the burden Of complete Federal
p 81 VISION and control that must Ger
tainly be imposed to acro-oDIfsI7 tJ7e
purpose or the incorporation would not
De accepted by an ordinary business
The Washington times., 1910-01-07
CHANGE UNNECESSARY.

4 reading of the opinions Of the
Supreme Court make the change
Gin she Gnti-trust IayVSJ unncCes-
sarv. for they exclude from she
operation of the act contracts at
fectiu- Interstate trade In but
small and Incidental WAY. and ap-
ply the statute only 10 the real
evil aimed mt by Congress
The Washington times., 1910-01-07
DEGREES Of Injunction

The third objection, that the worst
offenders viii not ACCEPT Federal in
corporation, IS easily answered. The
DEGREES Of i-sunction recently adopted
do pTosecut Ols under the antitrust
law are so thorough and sweeping that
The Washington times., 1910-01-07
CREATOR OF TRUSTS.

Corporations should be prohibited
from acquiring and holding stock
IN other corporations thus avoiding
the creation Of the holding company
with subordinate corporations In
different States, which has been
such an effective agency IN the
creation Of the great trusts and
Tconopolfss.
The Washington times., 1910-01-07
ONLY METHOD FEASIBLE.

NO other method can be sug-
gested (thsn Federal controD
which oEers Federal protection on
one hand and close Federal super
vision on the other Of those great
organizations which are in fact
Federal because they are as wide
as the country.