New-York tribune., 1911-09-23
ATTITUDE OF GOVERNMENT
Attorney Generals Statements
Quoted in Steel Discussion.

Washington. Sept. 22-Recent reports 10
the effect that the attorneys tor large
combinations OF corporations and their
principals also were hoping for some gen
eraI understanding with the government
authorities concerning the application OF
the antitrust law. and that some of them
had gone to the Attorney General TO as
certain what action, II any, may be nee
essary to make them stand right in the
eyes Of the government, were the subject
OF much speculation here to-day.
The Associated Press is in position to
state the following as the attitude OF the
Department Of Justice
The position Of the Attorney General as
Frequently stated by him. Is that since the
decisions of the Supreme Court in the oil
and tobacco cases, TO quote the language
employed by him I'm his speech at Battle
Creek, Mich, the area or uncertainty IN
the law" has been greatly reduced ana
the meaning Of the statute In its applica-
ton to great mOnopolistic corporations
made clear, and this makes II necessary
for those combinations TO resolve thein-
selves into a number OF distinct separate
entities no one of which shall be in itself
combination in restraint Of trade OF
threaten monopoly
How this shall be done Is, OF course
separate problem i'm each case, problem
which in the first instance, those In con,
trol of the combinations and their counsel
must work out. The law department or
the government cannot undertake to act
as universal counsel for the trusts II II
preparing to bring before the court all the
combinations which appear 10 be IN cledr
violation OF the law. II the courts agree
with the governments views they doubt
less will follow the precedents set by the
Supreme Court i'm the tobacco case ana py
the United States Circuit Court IN the
third circuit i'm the powder case, ana de-
cree the combination TO be illegal and give
to IL reasonable time TO reorganlZe In
conformity with the law. under penalty OF
Injunction or receivership II II should ran
to do so.
The plan Of reorganization must be such
Al the government may acquiesce I'm, or u
would be compelled 10 oppose us approval
by the court. But the iindl approNdl u ioI
the court to make.
In the case Of the Harvester company,
that corporation voluntarily submitted 10
the governments plan OF reorganization be-
fore suit was brought, and while not 60
ing so far as the officials OF the Depart
ment of Justice considered it should go. the
representative Of the Harvester company
ovinced a willingness to conform if posi-
bic TO the views Of the department and 10
make such changes as il should deem nee
cssary to comply with the law.
In some cases, such as the suits against
the combination Of electrical light manu-
facturers and the Southern Wholesale
Groccrs' Association. tho defendants. as
soon as the petitions were filed, evinced
Willingness to comply with tho law and
submitted proposed reorGaniZatons and
rendered a form of decree which they were
willing TO have the court enter against
them Il is understood that negotiations
respecting such decree have been cOmplet-
ed and at the next term of court the de-
PENDANTS will appear and agree to the entry
Of judgments granting all relief the govern
ment could ask as the result OF a litigation
II other combinations should take like
action and submit 10 the Department Of
Justice plans of reorganization which
should i'm good faith bring about a COM
petitive condition and terminate monopo-
Iistic conditions and also all agreements
undulv restraining interstate trade and
commerce. the Department Of Justice would
doubtless give them careful consideration,
and II found 20 he adequate would submit
them to the courts on an appropriate pet-
tiop. the decree Of the court to be so
framed a. 10 make tho provisions Of the
plan binding upon the defendants and to
onioln them from further monopoistic e.
fort
But tho burden Of framing such plans and
of demonstrating their sufficiency and ADJ
uuacy must 10 assumed by those Interested
in tho combinations and not by the officials
OF the Department Of Justice.