The Dillon herald. [volume] (Dillon, S.C.) 1894-????, 1910-01-13

1T IN whole or In part.
Monopoly destroys competition Mt
terly, and the restraint of the full
and free operation of competition
has tendency to restrain commerce
and trade. A combination of per-
sons, formerly engaged in trade as
partnerships or corporations or other
wlse OF course. eliminates the compc~
tltion that existed between them; but
the incidental ending of that compe-
tition is not to be regarded as neces-
sar1ly direct restraint of trade, un-
less of such an all-embracing char
acter that the intention and effect to
restrain trade are apparent from the
circumstances, or are expressly de-
clared to be the object of the COM
bination. A mere incidental re-
strait of trade and competition is
not within the inhibition of the act,
but 1T is where the combination or
conspiracy or contract is inevitably
and directly substantial restraint
or competition, and so a restraint of
trade, that the statue is violated.
SUGAR TRUST CASE.
The antitrust statute was passed
In 1890 and prosecutions were soon
begun under il. In the case of the
United States VS.. knight, known as
the sugar trust case" because of
the narrow scope of the pleadings,
the com bination sought to be enjoin-
ed was neld not to be included with
IN the prohibition of the act, because
the averments did not go beyond the
mere acquisition of manufacturing
plants for the refining of sugar, and
did not include that of direct and
intended restraint upon trade and
commerce in the sale and delivery of
sugar across State boundaries and in
foreign trade The result of the sug-
ar trust case was not happy in that
to have other COMPANIES and combin-
ations seeking a similar method of
making profit by establishInn9z-aa ali ,ab-
solute control and monopoly in a
particular line of manufacture
sense of immunity against prosecu-
tions in the Federal jurisdiction; and
where that jurisdiction is barred in
respect to a business which is nee
essarily commensurate with the
boundaries of the country, no State
prosecution is able to supply the
needed machinery for adequate re-
straint or punishment.
Following the sugar trust decision,
however, there have come along in
the slow but cetrain course of Judi
cial disposition cases involving
| construction of the antitrust statute
and its application until now they
seem go embrace every phase of that
law which can be practically present
ed to the American public and to the
government for action. They show
that the antitrust act has wide
scope and applies to many combina-
tions in actual operation, rendering
them unlawful an subject to indct.
ment and restraint.
The Supreme Court in several of
its decisions has declined TO read in
to the statute the word "unreason-
able before restraint of trade
on the ground that the statute an
Plies to all restraints and does not
intend to leave to the court the dis
cretion to determine what is q reas-
enable restraint of trade.
WOULD ARBITRATE FIRST.
1t is the duty and the purpose of
the Executive to direct an investi-
cation by the Department of Justice.
through the grand jury or otherwise.
INTO the history, organization, and
purpose of all the industrial COM
panies with respect to which there is
any reasonable ground for suspicion
that they have been organized for n
purpose, and are conducting business
on plan which is in violation of the
antitrust law. >.
Through all our consideration of
TINS grave question, however, We
must lnsiE. that the suppression of
competition, the controlling of
prices, and the monopoly or attempt
OF monopolize in. interstate com
meree and business, ar not only nm
lawful, but contrary to the public
good, and that they must be restrain
ed and punished until ended.
URGES FEDERAL INCORPORA-
TION.
1 therefore recommend the enact.
ment by Congress of a general law
providing for the formation of cor
porations to engage in trade and
commerce among the States and with
foreign nations, protecting them from
undue interference by the States and
with foreign nations, protecting
them from undue int ert erence by the
States and regulating their activities,
so as TO prevent the recurrence, un-
der national auspices, of those abuses
which have arisen under State con-
troll.
If the. prohibition of the anti
trust act against combinations III re-
straint of trade is to be effectively
pnforce6 III iS essential tbot tba not