Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-06

| Onending 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 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 wish in this
message to bring clearly to the con
sideration and discussion Of congress
is whether. in order to avoid such
possible business danger, something
cannot he 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,
tha intnrGta 70 ond foroion hugir,aC, for.
exceeds the business done in any one
state. This fact will justify the fed
eral government in granting u federal
charter to such combination to make
and sell in interstate and foreign com.
merce the products Of useful manufac
ture under such limitations as viii Sc
cure a compliance with the antitrust
law. 1t is possible so to frame a stat
ute that, while 1t offers protection to q
federal company against harmful, vex
atious and unnecessary invasion by the
states, 1t shall subject 1t to reasona
BILE taxation and control by the states
with respect to its purely local bust
ness II"
act should be prohibited from acquir-
ing and holding stock in other corpO
rations Except for special reasons,
upon approval by the proper federal
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
1t Is essential that the national govern
ment shall provide for the creation of |
national corporations to carry on lie
climate 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
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
elgn 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-
tion of active commercial organiza-
tiOns.
1t Is even more manifest now than
it was then that the denuncation of
conspiracies in restraint Of trade
should not and does not mean the de.
nial of organizations large enough to
be ntrusted with our interstate and
foreign trade. 1t has been made more
clear now than it was then that a
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
Dissolutions.
The drafting of the DEGREES in the
dissolution of the present trusts, with
a view to their reorganization into le-
gitimate corporations. has made it 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 reorganlza-
uon 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
tions.
Federal Corporation Commission Pro-
posed
do not set forth in detail the terms
Ind sections Of statute which might
supply the constructive legislation per-
hitting and aiding the formation of
of capital into federal
'orporations, They should be subject
o rigid rules as to their organization
md procedure, including effective pub
icity and TO the closest supervision as
p the iSsue of stock and hnnds nv On