Alma record. (Alma, Mich.) 1878-1928, 1911-12-07


probably attend the dissolution Of these /
offending trusts. said:
"But such an investigation and pos
sible prosecution Of corporations whose
prosperity or destruction affects the
comfort not only Of stockholders. but
Of millions of wage earners. employees
and associated tradesmen. must neces-
sarily tend TO disturb the confidence
Of the business community, to dry up
the now flowing sources of capital
from its places of boarding and pro-
duce a halt in our present prosperity
that will cause suffering and strained
circumstances among the innocent
many for the faults Of the guilty few.
The question which I wish In this
message to bring clearly to the con
sideration and discussion OF congress
Is whether. in order to avoid such a
possible business danger. something
cannot be done by which these bust
ness combinations may be offered a
means. without great financial dis
turbance. Of changing the character
organization and extent Of their bust
ness into one within the lines Of the
law under federal control and super
vision. securing compliance with the
antitrust statute.
Generally In the industrial combina
tons 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
exceeds the business done In any one
state. This fact will justify the fed
eral government in granting fedora
charter TO such q combination to make
and sell in interstate and foreign com
merce the products of useful manufac
ture under such limitations as will SO
cure a compliance with the antitrust
law. 1t is possible so to frame stat
ute that, while it offers protection to u
federal company against harmful. veX
atious and unnecessary invasion by the
states. it shall subject it to reasona
BILE taxation and control by the state
with respect to its purely local bust
ness. -
h Corporations organized under this
act should be prohibited from acquil
ing and holding stock in other corpo-
rations except for special reasons
upon approval by the proper fedora
authority. thus avoiding the creation
under national auspices of the holding
company with subordinate corporations
in different states. which has been
such an effective agency in the crea
ton of the great trusts and monopo
lies.
IF the prohibition Of the antitrust
act against combinations in restraint
Of trade is to be effectively enforced
it Is essential that the national govern
national corporations TO carry on a le-
ultimate business throughout the Unit
ed States. The conflicting laws Of the
different states of the Union with re.
spect to foreign corporations make ii
difficult, if not impossible. for one cor
poration to comply with their require.
ments so as to carry on business In a
number Of different states"
renew the recommendation of the
enactment Of a general law providing
for the voluntary formation OF cor
porations to engage in trade and com
merce among the states and with for
eign nations. Every argument which
was then advanced for such law and
every explanation which was at that
time offered to possible objections has
been confirmed by our experience since
the enforcement Of the antitrust stat
ute has resulted in the actual dissolu'
ton Of active commercial organiza-
tons
II is even more manifest now than
It was then that the denunciation of
| conspiracies in restraint or trade
should not and does not mean the de-
NAL of organizations large enough to
| be intrusted with our interstate and
foreign trade. 1t has been made more
| clear now than 1t was then that
purely negative statute like the anti
trust law may well be supplemented
by specific provisions for the building
up and regulation of legitimate ma
tional and foreign commerce.
Government Administrative Experts
Needed to Aid Courts In Trust
1
The drafting of the DEGREES in the
dissolution Of the present trusts, with
a view to their reorganization into le-
Ultimate corporations, has made 1t es-
pecially apparent that the courts are
not provided with the administrative
machinery to make the necessary In
quiries preparatory to reorganization
or to pursue such inquiries. and they
should be empowered to invoke the
aid Of the bureau of corporations IN
determining the suitable reorganiza-
ton Of the disintegrated parts. The
circuit court and the attorney general
were greatly aided in framing the de-
cree in the tobacco trust dissolution by
an expert from the bureau Of corpora
tons.
Federal Corporation Commission Pro-
posed.
do not set forth in detail the terms
and sections Of a statute which might
supply the constructive legislation per-
hitting and aiding the formation of