Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1911-12-05
TAT I 8 MESSAGE
To CONGRESS.
Executive Reviews Present Anti
Trust Statute and Makes Rec
concentrations.
RECENT CASES REVIEWED.
\ he President Keiteratcs Many Things
lie Said While on His Western -Four
ReffnItcness Of the statute.

Washington, Dec. 5.-President
Taft sent TO Congress today his mes
sage on the antitrust statute. The
document reviews at large the SUI
preme Court decisions in trust cas-
es, and the executive reiteratcs many
things he said while on his tour in
the west several weeks ago. he also
gives abstracts of recent cases before
tho courts.
In referring to the complaints OF
lack Of defniteness in the statute the
President says:
''Much is said Of the repeal of this
statute and Of constructive leGisia-
tion intended to accomplish the pur-
pose and blaze 4 clear path for hon
est merchants and business men to
follow. Ii may be that such a plan
will be evolved, but l submit that
the discussions which have been
brought out in recent days by the
fear of the continued execution OF
the antitrust law have produced
nothing but glittering generalities and
have offered no line OF distinction or
rule Of action as definite and as clear
as that which the Supreme Court lays
down in enforcing the statute.
Il see no objection-and indeed ]
can see decided advanlascs-in the
enactment Of law which shall des-
cribe and denounce methods of COM
petition which are unfair and are
badges Of the unlawful purpose de-
nounced i'm the antitrust law. The
attempt and purpose to suppress a
competitor by underselling him at
n price SO Improbable as to drive
him out of business, or the making
u nXCius:.'u,. contracts with custom
ers under which they are required
to give up association with other man
facturcrs. and numerous kindred
methods for sitting competition and
efrecting monopoly. should be des-
cribed with sufficient accuracy in a
criminal statute on the one hand to
enable the Government to shorten its
task by prosecuting single misde-
meanors instead Of an entire con-
spiracy. and. on the other hand, to
serve the purpose Of pointing out
more in detail to the business COM
munity what must he avoided.
81 *'
Il renew the recommendation OF
the enactment Of Il general law pro-
viding for the voluntary formation
of corporations TO engage in trade
and commerce among the States and
with foreign nations.
THE drafting of the decrecs in
the dissolution of the present trusts.
with q view to their reorganization
into legitimate corporations, has
made it especially apparent that the
courts are not provided with the ad-
ministratiyc machinery to make the
necessary inquiries. and they should
be empowered to invoke the aid of
the Bureau OF Corporations in deter
mining the suitable reorganization
of the disintegrated parts. The
Circuit Court and the Attorney Gen
eral were greatly aided in framing
the decree in the Tobacco Trust dis
solution by. an expert from the Hu-
reau of Corporations.
=
II recommend that the Federal
charters thus to be granted shall be
voluntary, at least until experience
justifies mandatory provisions. The
benefit to be derived from the oper-
alton OF great businesses under the
protection of such a charter would
attract all Who are anxious to keep
within the lines Of the law. Other
large combinations that fail to take
advantage Of the Federal incorpora-
li"h VIII not have right to COM
p'aih II their failure is ascribed to
unwlillnsneSs to submit their tram
sactions TO the careful official scru-
tiny, competent supervision and pub
licity attendant upon the enjoyment
Of such a charter.
THE opportunity thus suggested
for Federal Incorporation, ii seems to
NC. is suitable constructive lerislo-
tion needed to facilitate the souarine
Of great industrial enterprises 10 the
rule Of action laid down by the anti
trust law. This statute as construed
by the Supreme Court must continue
to be tho line of distinction for legit-
innate business. 1t must be enforced