Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1910-01-13


tent 10 restrain composition or contra
Prices. A reading Of the opinions OF IN,
supreme court, however, makes III,
change unnecessary for they exciud.
from the operation OF the act contract
Lafiectlng lnternkhte trade In but 4 sinai
and incidental way. and apply the stat.
ate only to the real evil aimed at b.
congress. "a
The statute has been on the statut,
book now for two decades, and the gu
preme court In more than 4 dozen opln.
Ions has construed II In application 4
various phases Of business combination
and In reference TO various subject mat.
ter. It has applied y to the union I'M
der one control Of two competing inter-
state railroads. to private manufacturer
engaged In a plain attempt to control
prices and suppress compstitlon in q part
OF the country. including dozen states
and TO many other combinations AFFECT
Ing Interstate trade. The value OF q
statute which Is rendered more ana moro
certain In It's meaning by o series OF de-
cisions Of the supreme court furnishes Q
strong reason for leaving the act al
1t II, to accomplish its useful purpose,
even though II It were being newly en-
acted useful suggestions as to change Of
phrase might be made.
1t IL the duty and purpose OF the execu-
tive to direct an Investigation by the de-
partment Of Justice, through the grand
Jury or otherwise into the history, organ
ization, and purposes OF all the Industrial
companies with respect to which there Is
any reasonable ground for suspicion that
they have been organized for a purpose,
and are conducting business on a plan
which. Is In violation OF the antitrust
law. The work Is heavy one, but 1t
is not beyond the power OF the depart
ment Of Justice, II sufficient funds are
furnished, to carry on the Investigations
and to pay the counsel engaged in the
work. But such an investigation and
possible prosecution Of corporations
whose prosperity or destruction affects
the comfort not only Of stockholders but
millions Of wage earners, employees, and
associated tradesmen must necessarily
tend to disturb the confidence Of the
business community, to dry up the now
flowing sources of capital from its places
Of boarding, and produce q halt In our
present prosperity that will cause suf-
fering and strained circumstances among
the innocent many for the faults of the
guilty few. The question which wish
in this message to bring clearly to the
consideration and decision of the con-
gress whether to avoid business danger
something cannot be done by which
these business combinations may be of.
fered means. without great financial
disturbance, OF changing the character,
organization and extent Of their business
into one within the lines Of the law UNI
der federal control and supervision, Sc
curing compliance with the antitrust
statutes
For Government Control.
Generally. in the industrial combina-
tons called trusts the principal buSi'
ness Is the sale Of goods In many states
and IN foreign markets; In other words,
the interstate and foreign business far
exceeds the business done In any one
state. This fact viii justify the fed.
eral government in granting federal
charter to such a combination to mako
and sell in interstate and foreign COM
merce the products Of useful manufac-
ture under such limitations ~ will &C.
cure q compliance with the anti.truet
law, It is possible 80 to frame q statute
that while 1t offers protection to fed
eral company against harmful, vexatioua
and unnecessary invasion by the states.
Il shall subject It to reasonable taxation
and control by the states, with respect 70
lts purely local business.
Many people conducting great bust.
nesses have cherished hope and a be-
lief that in some way or other Q Hne
chad trusts" ana that Msis possible By
amendment to the antitrust law to make
1 distinction under which good combine
lions may be permitted to organise, sup
press competition, control prices, and do
L all legally II only they. do not abuse
he power by taking too great proht out
Il the business. They point with force II
,ertain notorious trusts a. having grown
MO power through criminal methods b. .
he use OF illegal rebates and plain cheat
m. and by various acts utterly viOlative
x business honesty or morality, and urge
he Establishment Of some legal line Of
separation by which ''criminal trusts"
4 this kind can be punished. and they
ID the other hand, b permitted under
he law to carry on their business Now,
he public, and especially the business
,uBlic, ought to rid Themselves Of tbs
dea that such distinction IL Dractic-
lille or can be introduced into the stat
ltA.
Certainly under the present antitrust
aw no such distinction exists. It has
zen proposed. however, that the word
should be made q part OF
he statute, and then It should be left II
he court to say what d, reasonable
estraint Of trade, what Is 3 reasonable
Impression OF competition, what 10 rea-
enable monopoly I venture to think that
his IL to put into the hands OF the
curt q power impossible to exercise Or
ny consistent principle which will In
ure the uniformity Of decision essenti'
0 just Judgment It Is to thrust upo
ho courts q burden that they have ne
recedents to enable them to carry. and
the abuse OF wiHclf might I
1volve our whole judicial system in dis.
ster.
An Aid to Business Virtue.
In considering violations Of the anti :
rust law we ought. Of course, not to !
orget that that law makes unlawful, !
lethods Of carrying on business which
efore Its passage were regarded as evi.
ence Of business sagacity and success :
nd that they were denounced in this aci .
Of because Of their intrinsic immoral. I
y, but because Of the dangerous re- =
llts toward which they tended, the con. :
Of industrial power in the K
ands Of the few, leading to oppres- 4
on and injustice, In dealing, therefore, 4
ith many Of the men who have used u
IL methods condemned by the statute :
n the purpose Of maintaining a profit! y
bic business, we may well facilitate . \
ianee BY them in the method Of doing 4
usiness, and enable them to bring I'll 4
lck into the zone Of lawfulness. with. 4,
It losing to the country the economy 4
management by which. in our domestic
ade the cost Of production has been
ateriaily lessened. and In composition y
m foreign manufacturers our foreign ).