Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1911-12-06

= ewneenn1p< e ~ steck. - IN -
postunity for continued co-opsraooa
must Disappear. These critics VIA
Steak Of this dlsinteStation in the trust
q msss change Of garments have not
given consideration - ths Inevitable
working Of the decree and under1kand
little the personal danger Of attsmpt.
ing to evads o. IT q naught the col
smn iryonction II Z court whose offset
h made plain By the decree and whose
inhibitions are set forth with detail
and comprehensivenees unexampied In
the history Of equity jurisprudence
Voluntary Rssrssnlsatlens II othsr
Trusts q Hand.
The effect Of theeo two decisions has
led to decrsss dissoiving the combina-
ton Of manufacturers Of electric
tampa, . southern Wholesale grocers'
association. an intsriocutory decree
against the powder trust, with dirsc.
tions By the circuit court compelling
dissolution. and other combinations Of
Z similar history are now negotiating
with the department Of justice looking
to = disintegration By decree and ~
organization In accordance with law.
It seems possible TO bring about thess
reorganization without general busi-
ness disturbance
Msvss~snt Fsr Repeal u ths' Anti.
trust Law.
But now that. the antitrust act u
seen to b effective for tn accomplish
msnt Of the purpose Of IT. enactment
we are met hy cry from many didef-
ent quarters for it, repeal It b said
to b. obstructive Of business progress.
to Be- an attempt to restore old fash
toned methods Of destructive compsti-
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 prosperity and normal growth
In the recent decisions the supreme
court makes clear that there II moth.
ing In the statute which condemns
combinations Of capital o. mere big
ness Of plant organized to secure econ.
omy In production and reduction Of
its cost. II b only when thu purpose
or necessary effect Of the organization
and maintenance Of the combination
or the aggregation Of immense sise are
the sitting OF competition. actual and
potential. and the enhancing Of prices
and establishing monopoly that the
statute y violated Mere size II 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 Il In contravention Of the statute
only when the combination u made for
purpose Of ending this particular COM
petition In order to secure control Of
and enhance prices and create . mo
n0poly.
Lack Of Osisnitsnsss In the statute.
The complaint b made Of the stat
ute that 1t 10 not sufficiently definite
In it, description Of that which h for
hidden to enable business men to avoid
its violation. The suggestion II that
We may have combination Of two
corporations which may run ON for
years and that subsequently the At
tornky general may conclude that u
was q violation OF the statute and that
which was supposed BY the combiners
to BE- innocent then turns out to b .
combination In violation Of the statute
The answer to this Hypothetical case
u that when men attempt to amass
such stupendous capital ~ win enable
them to suppress competition. control
prices and sstablish monopoly they
know the purpose Of their actA Men
do not do such I thing without having
It clearly In mind II what they do u
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 b 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 10 and thus estab-
lish for themselves q monopoly. They
can In such q case hardly complain II
the motive which subsequently IL dis
closed II attributed BY the court to the
original combination
Ns~ Remedies Suggested.
Much IL 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. Il
may be that such q plan will be
evolved. but ] submit that the discus
sions which have been brought ont In
recent days BY the ROT the con-
tinued execution Of the antitrust law
have produced nothing but giittering
generaiities and have offered no line
Of distinction or rule Of action ~ den-
mite and 40 clear ~ that which the su-
preme court Itself lays d6wH in en-
forcing the statute.
owpplomontal Loaialation Needed. Net