Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-09-23
Attitude Of Department Of
Justice in the Matter.
Attorneys andPIiacipaIs o'LaTge
Corporations Are Interested.
Subject One Of Much Discussion,
Friday, at Washington.

W dSllHGlpH, sept. Z2.-leCent re-
ports 10 the effect that the attorneys
for large combinations of corporate
and their principal also were hop
ing for some general understanding
with the government attorneys con-
ccfeninG the application of the anti
trust law and that some of them had
gone to the attorney general TO as
certain what action. if any, may be
necessary to make them straight and
right in the eyes of the government,
was the subject of much discussion
here today
The Associated Press is in. a posi-
ton to state the following as the at
tftude OF the department of justice:
1.-THE position of the attorney gen.
eral 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
in his speech ut Battle Creek. Mich,
The area of uncertainty in the law
has been greatly reduced and the
meaning OF the statute in its applica-
ten to great monopolistic corporations
made clear and this makes it ueces-
sary for those combinations to re-
solve then selves into a number of dis
tinct separate entities, no one of
which shall be IN itself a combination
IN restraint of trade. or threaten mo-
nopoly. Pow this shall be done is IF
course 1 separate problem in each
case. a problem which in the first in
stance those in control of the combi-
nations and their counsel must work
out. The law department of the gov
eernment cannot undertake to. act as
universal counsel for the trusts. 1t is
preparing TO bring before the court all
the combinations which appear TO be
in clear violation of the law. If the
courts agree with the government S
views, they doubtless will follow the
presidents set by the supreme court
III the tobacco case and by the United
States circuit court in the third cir
chit in the powder case, and decree
the combination to be Illegal and give
to it reasonable time to reorganize
in conformity with the law, under
penalty of injunction, or receivership
IL ii should fail to do so.
The plan of reorganization must be
such as the government may acquiesce
in, or it would be compelled to oppose
its approval by the court. But the
final approval is for the court to make.
In the case of the Harvester Co. that
corporation voluntarily submitted to
the government its plan of reorganiZa
ton before suit was brought and while
not going so far as the officials of the
department of justice considered it
should go. the representatives of the
10,
ness to conform If possible to the
views of the department and to make
such changes as it should deem neces-
sary to comply with the law.
I'm some cases, such as the suits
against the combination of electrical
light manufacturers and Southern
Wholesale Grocers Association, the de-
PENDANTS, as soon as the petitions were
filed, evinced a Willingness to comply
with the Law and submitted proposed
reorganizations and rendered form of
decree which they were willing to have
the court enter against them. 1t is
understood that negotiations respecting
such decree have been completed and
at the next term of court the defend
iants will appar and agree to the en-
try of judgments, granting all relief
the government could ask as the re-
suit of the litigation.
IF other combinations should take
like action and submit to the depart
mcnt of justice plans of reorganiza-
ton which should in good faith bring
about competitive condition and
terminate monopolitic conditions con-
ditions and also all agreements unduly
restraining interstate trade and COM
mcrce, the department of justice would
doubtless give them careful consider
alton and il found to be adequate
would submit them to the courts on
an appropriate petition, the decree of
the court to be so framed as to make
the provisions of the plan binding upon
the defendants and to enjoin them
from further monopolistic effort.
THE burden of framing such plans
and of demonstrating their sufiiciency
and adequacy must be assumed by
those interested in the combinations
and not by the officials of the depart