The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1911-12-09

IN ownership Of the stock. ms all op.
pOrfunity for continued corporation
must Disappear Those critics who
speak az this disinte.rarion IN the trust
a. a mere change Of garments have nnt
given consideration 10 the inevitable
working of the decree aud understand
little the pPrSoual danger ~ attempt
ing to evade or set M naughf the sol
emn injunction OF n r0nr whose object
il made plain T., the decree and wliosp
inhibitions are set fnrih with detail
and comprehenSivenrs~ unexampled in
the history OF equity Jurisprudence.
Voluntary Reorsanizstions of Other
Trusts at Hand.
The effect OF these two decisions has
led To DEGREES dissolving the comblna.
ton of manufacturers OF electric
lamps. southern wholesale grorers'
association. nm interlocutory decree
against the powder trust. with direc-
tions by the circuit court compelling
dissolution and other combinations of
a similar history are now negotiating
with the department OF Justice looking
60 a disintegntion 10y decree and re-
organization I'M accordance with law
IL seems possible 90 bring about these
reorganizationS without general bust
ness disturbance
Movement For Repeal Of the Anti.
trust Law.
But now that the antitrust act Is
seen 20 bee effective for the accomplish
ment Or the purpose OF IFS enactment
we are met by cry from many diner
ent quarters for It's repeal IL is said
to be Obstructive OF business progress
to be an attempt "a restore old fash
toned methods OF destructive competi.
ton between small units and TO make
impossible those useful combinations
OF capital and the reduction OF the cost
OF production that are essential TO con
tinued prnsperity and normal growth
In the recent decisions the supreme
court makes clear that there is moth
ing In the statute which condemns
combinations OF capital or mere big
ness OF plant organized 10 secure econ
omy In production and reduction OF
It's cost II * only when the purpose
or necessary effect OF the organization
and maintenance OF the combination
or the aggregation OF immense size are
the sitting OF competition. actual and
potential. and the enhancing OF prices
and establishing a monopoly that the
statute Is violated Mere size is no
sin against the law The merging OF
two or more business plants necesSari
~ eliminates competition between the
units thus combined but this elimina-
ton is in contravention OF the statute
only when the combination is made for
purpose OF ending this particular COM
petition i'm order TO secure control OF
and enhance prices and create mo
nopoly
Lack OF Definiteness In the Statute.
The complaint is made OF the stat
ute that II Is not sufficiently definite
In it's description Of that which Is for
hidden to enable business men 10 avoid
its violation The suggestion Is tina.
we may have a combination OF two
corporations which may run on for
years and that subsequently the AT
torney general may conclude that II
was n violation OF the statute and thai
which was supposed by the combiners
10 be- innocent then turns out 10 be q
combination m violation OF the statute
The answer TO this Hypothetical case
Is that when men attempt 10 umass
such stupenlouS capital ms win enable
them 10 suppress competition. control
prices and establish monopoly they
know the purpose of their acts. Men
DO not DO such a thing without having
10 clearly iu mind lf what they Do Is
merely for the purpose OF reducing the
cost or production. without the thdughi
of suppressing competition by use of the
bigness or The plant they are creating
then they cannot be convicted at the
time the union Is made nor can they
be- convicted later unless it happen
that later on they conclude 10 sup.
press competition and take the usual
methods for doing so ana thus estab-
fish for themselves monopoly They
can in such % case hardly complain %
the motive which subsequently Is dis
closed is attributed 10y the court 10 the
original combination.
New Remedies Suggested.
Much r. said Of the repeal OF this
statute and Of constructive legislation
intended To accomplish the purpose
and blaze clear path for honest mer-
chants and business men 10 follow IL
may be that such plan viii be
evolved but submit that the discus
sious which have been brought out In
recent days by the fear OF the con.
tlnued execution OF the antitrust law
have produced nothing but glIttering
gpneralitIes and have offered no line
OF distinction or rule OF action as def.
Mite and as clear rs that which the su.
preme court itself lays down IL en-
forcing the statute
Supplemental Legislation Needed. Not
Repeal or Amendment.
see no obiecilon. and indeed can
see decided advantages. IN the enact
mont 81 law which shall describe