The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-12-05


simlmr history are now negotiating
aith the department Of justice looking
TO a disintcgration by decree and re-
organization IN accordance with law.
II seems possible TO bring about these
reorganzations without general busi.
ness disturbance.
Movement For Repeal Of the Anti
trust Law.
But now thats the antitrust act Is
seen to be effective for the accomplish
ment of the purpose Of It's enactment
we are met by cry from many differ
ent quarters for its repeH. II Is said
to be obstructive of business progress.
to be an attempt TO restore old fash
ioned 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 prosperity and normal growth
In the recent decisions the, supreme
court makes clear that there Is moth
ing in the statnte which condemns
combinations OF capital or mere big
ness Of plant organized to secure econ.
omy in production and reduction of
its cost. 1t is 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
| Ill,
statute is violated Mere size is no
sin against the law. The merging OF
two or more business plants necessari-
ly eliminates competition between the
units thus combined. but this elimina-
tion is in contravention Of the statute
only when the combination is made for
purpose of ending this particular COM
petition in 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 It is not sufficiently definite
i'm its description of that which Is for
hidden TO enable business men to avoid
it's violation. The suggestion Is that
we may have combination of two
corporations which may run ON for
years and that subsequently the at
torney general may conclude that 1t
was violation Of the statute and that
which was supposed by the combiners
TO be innocent then turns out TO be n
combination ia violation of the statute.
| a
Is that when men attempt to amass
such stupendous capital as Will enable
them TO suppress competition. control
prices and establish monopoly they
know the purpose of their acts. Men
do not do such 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 10y use of the
blgness Of the plant they are creating.
then they cannot be convicted Mt the
| time the union is made. nor can they
be convicted later unless It happen
that later on they conclude TO sup
press competition aud tako the usual
methods for doing SO and thus estab-
llsh for themselves q monopoly They
fan in such a case hardly complain IL
the motive which subsequently is dis.
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
aud blaze clear path for honest mer.
| chants and business men 20 follow IL
may he that such plan will be
evolved, but | submit that the discus
slons which have been brought out In
recent days by the fear OF the con
tinued execution Of the antitrust law
have produced nothing but glltterlng
generalites and have offered no line
of distinction or rule OF action rs def.
mite and ns clear as that which the su-
preme court itself lays down in en-.
| forcing the statute.
Supplemental Legislation Needed. No.
Repeal or Amendment.
| see no objection. and indeed can
| F't ANNiNNb "AN NhllStNs III Ail' tlltl'l-
ment of Il law which shall describe
and denounce methods OF competition
which are unfair and are badges Of the
unlawful purpose denounced in the
Rnti-trust law Tho attempt and pur-
pose to suppress competitor by I'M
derselling him n, price so unprofta-
bic as 20 drive him out OF business or
the making Of exclusive contracts with
customers under which they are re-
qulrcl 10 give mp association with 9th
er nnuflc'urers and numerous kin
dred methods for stlfiing competition
and rNw'i"~ monopoly shouW be de-
scribrl with sufficient accurlNy In n
criminal statute on the one hand to
enable the government TO shorten its
task by PRO pcutlng single mishemean-
ors instead OF an entire conspiracy and
on the other hand TO serve the purpose
OF pointing out more IN detail to
Pthe BUSINESS community what must be
avoided
Fed;ral Incorporation Recommended.
In special message 20 congress on
Ian. I. 1910. ventured TO point out
the disturbance to business that would
probably attend the dissolution OF these
| nfTanHinf~ fruat. 1