The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-12-06


/, tween the units thus combined, but
this elimination is in contrayention OF
| the statute only when the complnalion
Is mlde Tor purpose OF ending TINS
particular competition IL, order 10 Sc
| cure control OF. and enhance, prices
and create a monopoly.
hnck OF Definitencss In the statute.
me complaint is mace OF The statute
mat II is not surncicntiy DEFINITE III its
| description OF tnut which is forbid
| den. 10 enable business men TO avoid
ITS violation. The suggestion is, that
We may nave Il compination OF Two
| corporations. which may run on for
years, and that subsequently, the At
torhey-General may conclude that 1t
/ was violation OF the statute ana
| mat which was supposed by the COM
Diners TO be innocent then turns out
| 10 be IA combination in violation OF
i the statute The answer to TINS nypo.
thetical case is that when men at
| tempt TO amass such stupendous cap
| ital as Will enable them TO Suppress
competition, control prices and estab-
| llsh monopoly, they know the nur-
la thing without having it clearly In
| mind what they do is merely for
inc purIAtse OF rcducinS tho cost OF
| production, without the thought OF sup
pressing competition by use OF the
bigness of the plant they are creating,
then they can not DC convicted at tho
|
| be convicted later, unless II hapDeT
| that later on they conclude to suppress
| competition and take the usual meth
! obs for doing so, and thus establish
| for themselves monopoly. They can.
In such case, hardly complain II the
motive which subsequently is disclosed
Is attributed by the court to the origl-
nal combination
New Remedies Suggested.
| Much IS said of the repeal of this
| statute and OF constructive legislation
! Intended to accomplish the purpose ana
blaze clear path for honest mcr-
chants and business men to follow. II
may be that such plan will be cvolv,
ed, but submit that the discussions
| Whlch nave been brought out In recent
days by the fear OF the continued enc.
cution of the antitrust law have pro.
duced nothing but glitterlng generals.
, YES and nave offered no line of distlnc.
uon or rule Of action as definite ana
as clear as that which the Supreme
| Court Itself lays down in enforcing
| the statute.
s"ppiementni Legislation Necde,I--Not
heRcRl ar Amendment.
| see no objection--and indeed can
| see decided advantagcs-!n the cnnct
ineht OF law which shall describe and
aehouhce methods OF competition which
i IRE uniair and are badges of the nm.
| lawful purpose denounced in the mil
! trust law. The attempt and purpose
! 10 suppress competitor by under
as s MN at price so unprofita ID g
/ no
making- of exclusive contracts Win,
customers Under which they are re-
, nuireo 10 give up association with 9TH
dred dI'a method and numerous kin
! and erecting monopoly, should be de-
scribed with sufficient accuracy In n
enabln th statute tto on the one hand TO
TASK by prosecuting single misde
meanors Instead OF an entire consnir
/ a ,S and, on the other hand. TO serve
! me purpose of pointing ont more In
| detail to ahc business community wh.t
must be avoided.
! fedcrhI Incorporation Recommended
IA special message to Congress
on January !. 1910, | venturcd to point
w"uli t'G nr aisturoance to business that
oil these OFFENDING trusts said:
but such an invcstiga Ton and nos
! prosperity or destruction affects III.
| comfort not only OF stockholders Nm,
toi millions Of wagc-carners ON
pioycs and associated tralesmcn must
necessarily tend to disturb the conf
drw IN u ibn me ,o, oM ni.Is community, to
ltal from IT. places OF boarding. ana
| pt"uuce hait IN our present prosDeri
~. ~ r.a' VIII cause suffering and
| strained circumstances among the in
! noccnt many FOR the faults of the gi,ii
| ~ rev. The question which I wish in
e eni. id msss2ge to bring clearly 10 the
!
gross Is whether, in order to avoid s,,i.h
a possible business danger sornctl,;n.r
can not be done BY which these ht,Si
| ness combinations may be ofrcrnd !,
) means, without great financial distur.
| hance, Of changing the caarpctcr
organization. and extent of their busi
ness into enc within the lines Of the
law under Federal control ana SUPER
vision. securing compliance with the
antitrust statute.
Generally, In the Industrial COM
bsnationS called trusts the principal
business Is the sale or goods In many
states and In foreign markets: In oiN-
or words. the interstate and foreign
business far exceeds the business done
In any one State. This fact viii ms,
.ity the Federal government In grant.
ing n Federal charter to such a cumhi.
nation to make and sell in interstate
and. foreign commerce the products Of
nseIul manufacture under such limita.
| tons as VIII secure a compliance with
the antitrust law. Ii Is possible an
to frame statute that while 1t offers
protection to a Federal company
against harmful. vexatious. and nm,
necessary invasion by the states. IL
shall subject 1t to reasonable taxation
to It's purely local business. s
"Gorpornticns organized under this
act should be prohibited from acduir-
] Ing and holding stock I'M other COR