Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-12-05

and blaze clear path Tor honest nlel
chants and business men to follow l
may be that such y plan will b,
evolved. but l submit that the discus
sions which have been brought out II
recent days by the fear Of the con
tinued execution ~ tho antitrust Law
have produced nothing but EfItterin:
generalities and have offered no linz
Of distinction or rule of action IA def
mite and as clear as that which the su
preme court itself lays down in en-
forcing the statute.
Supplemental Legislation Needed, No
Repeal or Amendment.
I see no objection. and indeed I car
see decided advantages. in the enact
ment Of law which shall describe
md denounce methods Of competition,
which are unfair and are badges Of the
unlawful purpose denounced in the
antitrust law. The attempt and pur
pose to suppress competitor by un'
derselling him at price so unprofita.
bic as to drive him out Of business OF
the making of exclusive contracts with
customers under which they are re.
quired to give up association with 9th.
er manufacturers and numerous kin.
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 its
task By prosecuting single misdemean-
ors instead of m entire conspiracy and
On the other hand to serve the purpose
Of pointing out more in detail to
The business community what must he
avoided.
Federal Incorporation Recommended.
In a special message to congress or
Jan. Z. 1910. I ventured to point OUT
the disturbance to business that would
probably attend the dissolution of these
offending 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 I wish in this
message to bring clearly to the con.
sideration and discussion Of congress
IL whether. in order to avoid such
possible business danger. something
cannot be done by which these busi-
ness combinations may be offered
means. without great financial dis.
turbance. Of changing the character.
organization and extent Of their busi'
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-
lions called trusts the principal bust
ness ia the sale of goods in many states
and in foreign markets-in other words.
the interstate and foreign business far
exceeds the business done In any one
state This fact will justify the fed.
eral government in granting a. 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 will Sc.
cure a compliance with the antitrust
law. 1t Is possible so to frame stat
ute that, while it offers protection to .
federal company against harmful. vex'
atious and unnecessary invasion by the
states. it shall subject it to reasona'
Bile taxation and control by the states
with respect to its purely local bust.
ness. ."
Corporations 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 states. which has been
such an effective agency in the crea.
tion 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
It is essential that the national govern.
ment shall provide for the creation of
corporations to carry on le-
Ultimate business throughout the Unit
ed States. The conflicting laws Of the
different states of the Union with re-
spect to foreign corporations make 1t
difficult, If not impossible. for one cor
poration to comply with their require
ments 30 as to carry on business in
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 exclamation which was at that