The sun., 1910-05-02

intention and meaning Of the party in
that regard a. . guide TO the Attorney
General
/ The President divided his January
message 20 Congress into two portions.
One related to railway transportation.
which Congress is considering The
other Waa devoted TO the antitrust law
He distinctly told Congress that the evil
aimed At by the antitrust Law was not
a. all the biRness Of a State corporation
doing interstate business, but was the
aggregation Of capital and plants with
the forbidden intent to restrain trade
or monOPOlize it. Intent. expressed Or
implied, il in his view the test. Incl
dental restraint is immaterial II state
corporations. he adds. use no other in
ducement than the constant low price
Of their product and It's good quality to
attract custom and their business il a
profitable one they violate no law
Does the present Republican Congress
agree to that' II a State corporation
by those methods rsstrains composition
by rivals will il be immune from prose.
cution' Congress certainly ought to de-
clare
II was not TO interfere he con-
tlnues, with q great volume Of capital
which, concentrated under one Organi-
zation, reduced the cost Of production
and made its profit thereby and took
no advantage Of It's size by methods
akin TO duress to stifie composition with
lit
Does Congress concur?
Not content with that, he uses these
words do not mean to say that
there is not a limit beyond which tho
economy Of management by the on
largement Of plan, ceases. and where
this happens and combination continues
beyond this point the very fac, shows
intent TO monopOliEe and not 20 econ
omiEe.
Intent is the pivot!
No other definition or description for
the guidance Of State corporations il
attempted by the President. Every
thing depends on whether tho intent >
Ia to economic or 10 monopoliEs. II
tho Executive suspects the latter. then
inquisition by the Attorney General will
follow. Business men are now waiting,
and business IA halted. II may be for
years, a. Il seems TO uS, to know what
the court will decide was the intent in
the pending Tobacco and Oil cases, a.
II intent in those cases could dispose Of
cases depending on other facts.
The present Congress should. in order
that voters next November may realize
the conditions, have the frankness "a
say plainly now whether or not II intends
20 leave with the states the orEaniEa-
tiOu Oi producing and selling corpora
tions a. well a. partnerships. and their
conduct excepting when they send their
commodities beyond the STATE.
Il should b said hero and recognized
that Mr.. TAFT a. Federal Judge, az
politician and A. Presidsnt has repeat
edly at forth the unreasonabIeness and
ambiguity Of tho antitrust law. He
has with fFankness which attests what
ths country now believes % be his
sterling integrity told tho present Con-
gress what will haPpen IL he executes
tho law literally.
II should also be said that the Presi-
dent has recommended 20 the present
Congress as q way out for State corpO-
ratiOns that they reOrgAnize under =
law Of Congress, a draiS Of which he has
caused TO be submitted and is now be-
fore each house. He frankly intimated
that the fifth section may be deemed
unconstitutional, but a more serious
criticism Is that the thirty sixth section
leaves unremOyed the defects Of the
Sherman law. That section is in thess
words.
In case any corporation OrTanlsod under thl,
sct shall enter into any contract OF eombina uou
or engage IN any conspiracy 10 restraint Of trad,
or commerce among the several states or viii
foreign nations o. shall mOnopoifs or attemp
70 aonopoifs any part thereof ooaiyary 70 IN,
provisions Of the Get ~ July second. eighteen nun
dred and ninety, Or ahali Otherwise violate ID,
laws Of the Uuited states Ia charter shall be for
fsited. snd the Attorney General Of ths Unlts,
states mar bring pFocsedings 70 snforcs tucl
forfeiture In any Circuit or District Court Of n,
Unlted States for ths judicial district In uhicl
the principal once Of such coFpofa ton IL loeated
ard IN any such pFocsedlaE ths court may In 10
discreuoa appoint receiver of the property o
such corporation eithsr during the pcndency o
me prOcsedlnE 70 preserve the property and eaus,
the business 70 he conducted In a hWful mAnnei
or by hnai decree 70 aid 10 me nquids ion Of Ia
Affairs
No alienation is given 10 bushes.
men. The unreasOnableness and am.
biguity Of the old law remain. Ths
Government knife will under the pro.
posed law threaten the nerve Of busi-
ueas N II does now.
Navy Yard HuIIabaloos.