The Detroit times., 1911-09-18

the court haa net the issue ana the
queries presented by the doubters aud
the sconers. IL has vindicated the ma
1esty OF the law. has illustrated The
wonderful elasticity and adaptability
OF remedy by injunction Ina equity, and
has at the same time. manifested "A
cue regard for the welfare OF the limo
cent business men and the community
at large. who. in cataclysm caused
by the connscation OF such enormous
capital a. IL involved In these combine-
lions and a suspension OF the legiu-
mate part OF their business. would be
buried with them In q common ruin.
The court has exhibited courage
forcing the statute that. instead OF
prompting an attack on It. ought 10
make every American proud that we
have such a tribunal. IL Ii now en-
forcing its decree against the Standard
oil Co. and against the Tobacco Co,
and IL IL making those great combina-
lions divide themselves into actually
competing parts under such provisions
I'm the decree that an Injunction shall
be constantly operative TO prevent by
contempt proceedings any assumption
OF the old relations OF a monopoly.
This was an easier matter in reference
TO the Standard OIL Co. because IL was
easy TO divide up the various compan-
les that were united by the owner
ship OF stock OF all the companies In
a single holding company. In the To-
bacco Co. the decree could not be
worked out so easily. and Il will be
necessary to separate the properties
owned by single companies and to dis
tribute these plants into different and
differing ownerships In order 20 create
competition between them and main
tain that competition by the power OF
a continuing Injunction against any
future union. or any agreement TO
avoid future competition.
IL needed these two great decisions
10 teach the business pupiic that. at
least, not I'm the supreme tribunal OF
this country would the claim be lis
tened to. that In this day and genera
ton we have passed beyond the possi-
bility OF free competition as consistent
with proper business growth, or that
We have reached time when only
regulated monopoly and the fixing or
prices by governmental authority are
consistent with future progress. We
did get along with competition; We
can get along without IL: and the busi-
ness men OF this country must square
that or we must proceed TO state So
cialism and vest the government with
power to run every business. The de-
highest interest OF the public, and
am glad 10 think that business men
who have been violating the trust law
are now being made to see the neces-
SHY TOR putting ,ssr houses IN 9Toe.'
giving up the idea that II IL necessary
to control markets In order TO make
profits, and reverting TO the old prin-
eipie OF free competition, In which all
cessive must be self-imposed by the
good sense OF each competitor and not
by any arrangement or contract be-
tweeE competitors or secret stipulation
or wink or nod
All Trusts Must Go.
The decision OF the supreme court.
as u grows to be understood In the
near future, will be signal for the
voluntary breaking up OF all eombina-
lions in restraint of trade within the
Inhibition OF the statute. and will.
hope. lead to a complete revuIsion OF
feeling on the part or the business
men-of this country and to n clear
understanding by them OF the limita-
upon any business combinations made
by them In the future. The operation
have often made complaint; but In
the settlement of issues OF this impor-
Of time. and II in that period we shall
have stamped out an evil which would
certainly have carried us to socialism
as a reaction from the vicious control
and the litigation are worth the cost
There have been times when. among
others. I have thought that the en-
forcement of the law might have been
breach with severer punishment, but
Though the mills of the gods grind
slowly, yet they grind exceeding
small and without the severity that
glad to see used, a revolution in bust
ness methods where they have here
totore been yiolative of the statute viii
be accomplished. and with least dis
turbance TO business which 10 lawful.
In a special message. on the subject
OF trusts which I sent TO congress Jan.
z 1910. I said:
II Is the duty and the purpose of
the executive TO direct an investi-
cation by the department OF JUS
tice. through the grand jury or
otherwise, into the history, organt-
nation. and purposes OF all the In
dustrial companies with respect to
which there IL any reasonable
ground for suspicion that they have
been organized for a purpose, and
are conducting business on a plan
which Is I'm violation OF the anti
one' but IL Is not beyond the power
OF the department of justice, IL suf-
fcient funds are furnished to carry
on the Investigations and TO pay
the counsel engaged In the work.
wish TO repeat this now. and to say
further that the attorney general has
Instituted Investigations into all the
Industrial companies above described,
and that these are In various stages
TO add that IL congress shall continue
needed appropriations, every trust OF
any size that violates the statute will.
before the end OF this administration
in 1913, be brought into court TO meet
and acqIiesce In degree OF distin-
tegration by which competition be-
tween its parts shall be restored and
preserved under the persuasive. and
restrictive influence Of permanent
and continuing Injunction.
Under these conditions. am en-
tirely opposed TO an amendment OF the
antitrust law. IL 10 now valuable
government asset and instrument.
Tested and brought into practical and
and construction by the highest court.
why should we imperil Its usefulness
by experiments? The outcry sought TO
be raised I'm some quarters, followed by
proposals OF amendments prepared
without real understanding OF the
law or the courts decisions, may serve
the purpose OF promoting unreasonable
and unreasoning discomfort, but GER
tanly ought not 20 be considered seri-
ousiy When an amendment Is pro-
posed. let the prepayment state the de-
feet In the statute the amendment Is
to remedy. and how II Will effect 10.
II the avowed purpose Is 10 make II
Impossible TO use reason In the con-
struction OF the statute, az the SUI
preme court did let the mover OF the
amendment formulate a case OF re-
stralnt OF Interstate trade not con-
struction of the statute. which ought
to be condemned. Let Us avoid gem
eral expressions. Let US avoid
charges OF Improper motives Let Us
s snd make non showing for an ana amend usS
ment that lawyer and a legislator
can understand and weigh. and not be
content with mere rhetoric and
larEuage useful only Tor deelamstion
vocated the passage Of n statute which
shall permit the Incorporation or COM