davidaulloa/AmericanStories huggingface dataset:
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06
The Invention of the PIANO.

The honor Of inventing the piano In
claimed by the English. the French
and the Germans. Father Wood. an
English monk at Rome, is said to have
been the real inventor in iii and TO
have manufactured one, which he sold
to Samuel Crispi. the author OF sVir-
ginia." from whom It was purchased
by Fake Greville. though Count Carl
claims the credit for Bartholemmeo
Christiforic Of Padua during his stay
in Florence some three years later
0714. The French attribute the In.
vention to a Partisan named Msrius.
who. they alleged. produced in ZIG a
harpsichord In which hammers had
been substituted for the old pIectruns
or quilts. The Germans are the last In
the Geld with j. @. Schroeder of Dres.
den. who claimed Q7l7D. when eight.
cen years Of age. to have ''constructed
after much consideration the model of
a new clavier with hammers. unon
which he could play loudly or softly"
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

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
ii is essential that the national govern
ment shall provide for the creation OF
national corporations to carry on a le-
gitimate 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 q
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
eign 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-
ton Of active commercial organiza-
tons.
1t is even more manifest now than
it was then that the denunciation of
conSpiracies in restraint Of trade
should not and does not mean the de
Mol oA orooojzafiopS 10 roo auau0h RI
be intrusted 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
tionaI and foreign commerce.
Government Administrative Expert:
Needed to Aid Courts In Trust
DissoIutions.
The drafting Of the DEGREES in the
dissolution of the present trusts. witt
view to their reorganization into le
Ultimate 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 reorganiZa.
ton 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.
tons.
Federal Corporation Commission Pro.
posed.
do not set forth in detail the terms
and sections of a statute which might
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

closed is attributed by the court to the
original combination.
New Remedies Suggested.
Much is 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 to follow 1t
may be that such a plan will be
evolved. but | submit that the discus
sions which have been brought out in
recent days by the fear of the con-
tinued execution Of the antitrust law
have produced nothing but glittering
generalities and have offered no line
Of distinction or rule Of action as def
mite and as clear as that which the su-
preme court itself lays down in en-
forcing the statute.
Supplemental Legislation Needed, Not
Repeal or Amendment
I see no objection, and indeed I can
see decided advantages. In the enact
ment Of law which shall describe
and denounce methods Of competition
which are unfair and arc badges of the
unlawful purpose denounced in the
antitrust law. The attempt and pur-
pose to suppress competitor by I'M
derselling him at price so unprofta-
BILE as to drive him out Of business or
the making OF exclusive contracts with
customers under which they are re-
quired to give up association with 9TH
er manufacturers and numerous kim
dred methods for sitting competition
and effecting monopoly should be de-
scribed with sufficient accuracy in a
criminal statute on the one hand to
enable the government to shorten it's
task by prosecuting single misdemean-
ors instead Of an entire conspiracy and
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

brought within its terms as thus con-
strued
The suggestion IS also made that the
supreme court by its decision In the
last two cases has committed to the
court the underlined and unlimited dis
erection to determine whether case of
restraint OF trade is within the terms
Of the statute. This is wholly untrue.
A reasonable restraint Of trade at COM
mon law is well understood and Is
clearly defined 1t does not rest in the
discretion Of the court 1t must be
limited to accomplish the purpose OF q
lawful main contract to which IA order
that It shall be enforceable ar all it
must be incidental If it exceed the
needs Of that contract it is void.
The test OF reasonableness was never
applied by the court at comman law
to contracts or combinations or con-
spiracies In restraint Of trade whose
purpose was or whose necessary effect
would be to stife competition. to con-
troll prices or establish monopolies.
The courts never assumed power to
say that such contracts or combina-
tons or conspiracies might be lawful
if the parties to them were only mod
crate in the use Of the power thus Sc
cured and did not exact from the pub
lie too great and exorbitant prices. It
is true that many theorists and others
engaged In business violating the stat
ute have hoped that some such line
could be drawn by courts. but no court
OF authority has ever attempted it..
Certainly there is. nothing in the deci-
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

To the Senate and House OF Repre-
sentatives:
This message is the first OF several
which shall send to congress during
the interval between the opening of
its regular session and its adjourn
ment for the Christmas holidays. The
amount Of information to be commu-
nicated as to the operations of the
government, the number Of important
subjects calling for comment by the
executive and the transmission to con-
gress Of exhaustive reports iof special
commissions make it impossible to In
elude in one message of a reasonable
length q discussion Of the topics that
ought to be brought to the attention
Of the national legislature at its first
regular session.
The Anti Law-Ths Supreme
Court Decisions.
In May last the supreme court hand
ed down decisions In the suits In eQui-
ty brought by the United States to en-
JoiI the further maintenance Of the
Standard Oil trust and of the Ameri-
can Tobacco trust and to secure their
dissolution. The decisions are epoch
making and serve to advise the bust
ness world authoritatively Of the
scope and operation Of the antitrust
act of 1890 The decisions do not de
part In any substantial way from the
previous decisions of the court In con-
STRUNG and applying this important
statute. but they clarity those deci-
sions by further defining the already
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

needed TO facilitate the squaring OF
great industrial enterprises to the rule
Of action laid down by the antitrust
law This statute as construed by the
supreme court must continue to be the
line Of distinction for legitimate bust
ness. It must be enforced unless we
are to Danish individualism from all
business and reduce il to one common
system Of regulation or control Of
prices like that which now prevails
with respect to public utilities and
which when applied to all business
would be long step toward state So
cfalism.
Importance Of the Antitrust Act.
The antitrust act is the expression
of the effort Of freedom loving peo-
pie to preserve equality Of opportunity.
1t is the result of the confident deter
mination Of such a people to maintain
their future growth by preserving I'M
controlled and unrestricted the enter.
prise of the individual, his industry,
his ingenuity. his intelligence and his
Independent courage.
For twenty years or moro this stat.
ute has been upon the statute book
All knew its general purpose and APP
proved Many Of its violators were
cynical over its assumed impotence.
1t seemed impossible Of enforcement.
Slowly the mills Of the courts ground,
and only gradually did the majesty OF
the law assert itself Many Of its
statesmen-authors died before II be-
came a living force. and they and 9TH
ers saw the evil grow which they had
] hoped to destroy Now its efficacy ia
seen: now its power Is heavy: now its
object is near achievement Now we
/ hear the call for its repeal on the plea
that It interferes with business pros
perity, and we are advised IN most
general terms how by some other stat
ute and in some other way the evil
we are Just stamping out can be cured
if we only abandon this work OF twen-
ty years and try another experiment
for another term Of years.
| 1t is said that the act has not done
good Can this be said in the face OF
the effect Of The Northern Securities
decree? That decree was in no way
so drastic or inhibftive in detail as ell
Their the Standard Oil decree or the
tobacco decree But did 1t not stop
for all time the then powerful move
ment toward the control Of all the
| railroads Of the country in a single
hand2 Such a one man power could
not have been a healthful influence in
the republic. even though exercised
under the general supervision OF an
interstate commission
D, we desire to make such ruthless
combinations and monopolies lawful?
When all energies are directed. not to-
ward the reduction Of the cost Of pro-
duction for the public benefit by
healthful competition. but toward new
ways and means for making perma-
nent in few hands the absolute con-
troi Of the conditions and prices pre-
vailing in the whole field Of industry.
then individual enterprise and effort
will be paralyzed and the spirit of
commercial freedom win be dead.
VIM. 81. TAFT.
The White House. Dec. 8, 1911
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

and enhance price1 and create a mo-
nopoly
Lack of Deiniteness In the Statute
The complaint is made of the stat
ute that it is not sufficiently definite
in its description of that which is for.
hidden to enable business men to avoid
its violation, The suggestion is that
we may have a combination OF two
corporations which may run on for
years and that subsequently the at
torney general may conclude that it
was violation Of the statute and that
which was supposed by the combiners
to be innocent then turns out to be a
combination in violation of the statute
The answer to this hypothetical case
is that when men attempt to amass
such stupendous capital as will enable
them TO suppress competition, control
prices and establish a monopoly they
know the purpose of their acts Men
do not do such a thing without having
it clearly in mind. If what they do is
merely for the purpose of reducing the
cost of production. without the thought
Of suppressing competition by use of the
bigness of 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 to sup.
press competition and take the usual
methods for doing so and thus estab-
lish for themselves a monopoly They
can in such a case hardly complain if
the motive which subsequently is dis
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

complain If their failure is ascribed TO
unwillingness to submit their transac-
tons to the careful official scrutiny,
competent supervision and publicity
attendant upon the enjoyment Of such
a charter.
Only Supplemental Legislation Nes6sd
The opportunity thus suggested for
federal Incorporation, It seems to me,
is suitable constructive legislation
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

and restored competition between the
large units into which the capital and
plant have been divided we shall have
accomplished the useful purpose Of
the statute.
confiscation Not the Purpose OF the
Statute,
It is not the purpose Of the statute
to confscate the property and capital
Of the offending trusts Methods of
punishment by fine or Imprisonment
Of the individual offenders. by fine of
the corporation or by forfeiture Of its
goods in transportation are provided,
but the proceeding in equity is a spe-
cifc remedy to stop the operation of
the trust by injunction and prevent
the future use of the plant and capital
in violation Of the statute
Effectiveness of Decree.
venture to say that not in the his
tory Of American law has a decree
more effective for such a purpose been
entered by court than that against
the tobacco trust. AS Circuit Judge
Noyes said in his Judgment approving
the decree:
1.-THE extent to which it has been
necessary to tear apart this combina-
ton and force it into new forms with
the attendant burdens ought to demon
strate that the federal antitrust statute
is drastic statute which accomplishes
effective results. which so long as 1t
stands on the statute books must be
obeyed and which cannot be disobey-
ed without mourning farreaching pen
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

supply the constructive legislation per-
hitting and aiding the formation of
combinations of capital into federal
corporations. They should be subject
to rigid rules as TO their organization
and procedure, including effective pub.
Lefty, and to the closest supervision as
to the issue Of stock and bonds by an
executive bureau or commission in the
department of commerce and labor, to
which in times of doubt they might
well submit their proposed plans for
future business. 1t must be distinctly
understood that Incorporation under a
federal law could not exempt the COM
pany thus formed and its incorDorators
and managers from prosecution under
the antitrust law for subsequent H.
legal conduct, but the publicity of its
procedure and the opportunity for fire.
quent consultation with the bureau or
commission In charge of the incorpora-
ton as to the legitimate purpose of its
transactions would offer it as great Sc
curity against successful prosecutions
for violations Of the law as would be
practical or wise.
Such a bureau or commission might
well be invested also with the duty
already referred to of aiding courts
in the dissolution and recreation of
trusts within the law. 1t should be an
executive tribunal Of the dignity and
power Of the comptroller Of the cur
rency or the interstate commerce COM
mission, which now exercises supervis-
DRY power over important classes of
corporations under federal regulation
The drafting of such a federal in
corporation law would offer ample op-
portunity to prevent many manifest
evils In corporate management today,
including responsibility Of control In
the hands Of the few who are not the
real owners.
Incorporation Voluntary.
I recommend that the federal char
tiers thus to be granted shall be volun-
tary. at least until experience justifes
mandatory provisions The benefit to
be derived from the operation Of great
businesses under the protection of such
a charter would attract all who are
anxious to keep within the lines of the
Law Other large combinations that
fail to take advantage of the federal
incorporation will not have a right to
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

admitted exceptions to the literal con-
strnction of the act BY the DEGREES
they furnish a useful precedent as to
the proper method Of dealing with the
capital and property Of Illegal trusts
These decisions suggest the need and
wisdom Of additional or supplemental
Legislation TO make It easier for the
entire business community to square
with the rule Of actin. and legality
thus finally established and to pre-
serve the benefit, freedom and spur of
reasonable competition without loss of
real efficiency or progress.
No Change In che Rule Of Decision,
Merely In It's Form Of Expression.
The statute in fits FIRST section de-
clares to be illegal "every contract.
combination in the form Of trust or
otherwise or conspiracy in restraint
Of trade or commerce among the sew.
eraI states or with foreign nations
and in the second declares guilty of a
misdemeanor "ever, person who shall
monopolize or attempt to monopolize
or combine or consjire with any other
person to monopolke any part Of the
trade or commerceof the several states
or with foreign naions."
In two early case. where the statute
was invoked to ajoin a transporta-
ton rate agreement between inter.
state railroad companies. It was held
that It was no Gfense to show that
the agreement a to rates complained
Of was REASONABLE at common law. be-
cause 1t was sal that the statute was
directed againstall contracts and COM
binations In resra1nt Of trade, whether
reasonable at ommon law or not It
was plain fror the record. however,
that the conflicts complained Of In
those cases void not have been deem
ed reasonablef common law In SUBJ
sequent cases The court said that the
statute shoulebe given a reasonable
construction nd refused to include
within its inhibition certain eontrac.
tual restraint Of trade which It de-
nominated asncidental or as indirect.
These casesof RESTRAINT Of trade that
the court excepted from the operation
Of the statue were instances which
at commonly would have been call
ed reasonalG In the Standard Oil
and tobaccosases, therefore. the court
merely adofed the tests of the COM
mon law an In defining exceptions to
the literal pplication of the statute
only substituted for the test Of being
incidental indirect that Of being
reasonableAnd this without varying
in the sligtest the actual scope and
effect of II statute In other words,
all the cas- under the statute which
have nowbeen decided would have
been dechd the same way If the
court hat originally accepted in its
construct, the rule at common law
1t has len said that the court by In
troducindnto the construction Of the
statute mmon law distinctions has
emasculsd it. This is obviously un-
true Bits Judgment every contract
and connation In restraint Of inter
state tire made with the purpose or
necessat effect Of controlling prices
by stiflk competition or Of establish,
ing in dole or in part a monopoly OF
such tile is condemned by the stat.
Gsa = most extreme critics cannot
inStane a case that ought to be con.
GenneundeI the statute which is moi
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

with respect to its purely local bust
ness.
"Corporationc organized under this
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 statess which has been
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06


of
be imposed.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

Can
could
in
of IN
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-06

that the anti act be effective
different quarters for its repeal is said be obstructive
fashioned
composition between small units and to make impossible
essential to continued prosperity and normal growth
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-09
A SUBTLE BEAUTY.

Young Halloran seems to have
great admiration for your daughter,
Mrs. Mccarthy"
Sure twas the same wild me when
I was gerrl, miss. All, mannys the
brave young heart was broke by my
facet"
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-09
ENOUGH.

The Cynic-I suppose she is all the
world to you?
The Lover-Not exactly, but she's
all want Of $1,000 acres and an
Elizabethan mansion!
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-09
SUITED HIM.

Countryman (to boarding house
keeper)-And what time do you have
dinner here?
Boarding House Keeper-From II
to 8.
Countryman-Oh, thatll suit me very
well. I never like hurrying over my
meals! ..
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-09

WANTED THE CHANGE.
"Give us penny, please, sir"
Certainly, my boy. Can you change
ten dollar note?"
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-09
TOOK TIM e.

Mrs. Brown-Goodness. Mary, what
kitehen Every pot, pan and dish
is dirty. The table looks like tumble
sale! What have you been doing?
MAXWELL, ma'am. the young la
dies has just been shown me how
they bile pertater at their cookin'
school.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-09
coNNoIssEURs.

1T it possible, Huber. that you've
seen the whole great art exhibition In
q single hour?"
Sure! And we saw it all! My wife
looked in all the rooms on the right of
the entrance and I IN those on the
left"
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-09
: WEIGHT OFF HIS MIND.

The Parson-And SO, Donald, it's
been touch and go with you this time.
Ten stories is long way to fall. l
suppose thoughts Of your past life
passed hurriedly through your mind?
Donald (the window cleaner)-Well.
sire, was bit worried till I got the
length Of the fifth story, and then
minded that I'd left my pipe on the
window sill. 1t was weight off my
mind, sir.
New-York tribune., 1911-03-21
FARMER BELIEVED SLAIN
Charred Body Found in Ruins of
Home After Alleged Quarrel,

Glens Falls. y Y, March 9o.-Discovery
OF the charred body of William Hopkins In
TIE ruins of his farmhouse near Baker
Mills. to-day has developed what the War
ren County authorities believe 20 be a mur-
ger mystery.
Hopkins and one OF his hired men are
sad 70 have spent the night in the farm
mouse. and. according To- traveller who
passed the house about daybrcak. the men
inside were engaged in q heated argument.
A short time later fire broke out. and the
house was burned 20 the ground.
The discovery OF the body was made ny
James Piper. who lives two miles from the
Hopkins farm. and who. on arising this
morning. found a team Of horses belonging
20 Hopkins standing in his yard. He im-
rnediatelv set out for the Hopkins farm
ana found the house IN ruins 4 search
later disclosed Hopkins's body, burned al
most beyond recognition. Footprints led to
fhe barn. and the police believe that the
alleged murderer Of the farmer. after set
ting fire 10 the house, had stolen Hopknss
team and driven 20 the Piper farm. MAX
ing his escape in the direction Of North
Vile. Footprints were found in the vicinity
leading TO the woods near the Piper farm.
Sheriff Smith and a number Of deputies
were securing the country tonight trying
70 find Charles Andors. an employe OF the
Hopkins farm who has been missing since
the tragedy.