The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-14
sherman ACT
IS EFFECTIVE
Continued From Page one.

L rage OAlSs
terprise had to sail--the fuse tina
would set 1t OFF, or keep 1t harmless
running direct to the Office Of the at
torney general at Washington.
"But will big business" continued
Judge Grosscup, with no restrain
hanging over 1t other than the Sher.
man act as now interpreted, desis
from being brutal? win one Of thest
big business enterprises, caught nov
and then employing the prohibited ac-
cessory methods ana ordered to re-
habilitate, as the Standard oil and
Tobacco combinations have been or
dered to rehabilitate, prevent others
from taking their chances along the
same lines?' Reverting to his remedy
the Judge continued:
+" But to which government, the
national or the state shall be given
the power to apply the remedy? MY
answer Is, that, In the case of the big
so-called trusts, such, for instance,
as the packers or the Standard Oil Co,
the@ bulk of whose raw material is
drawn from states other than the
-
whose finished product is sold in
states other than the company's do
micile, thereby bringing their business
into the interstate commerce. the
principle / am urging should be APP
piled by the national government,
through such process as will make IL
practically compelling that enterprises
of this kind organize as corporation
under the United States laws.
''To that extent, at least, / am for
the new nationalism. BY the hand
of single sovereignty, and that the
supreme sovereignty. can the princi-
pie. it seems to me, be effectively APP
piled to the so-called trusts. But this
and trading corporations
i'm any given field OF enterprise should
be nationally incorporated. From
these arises no monopoly. And where,
among these smaller concerns, COM
hinations arise In unreasonable re-
straint of trade, the Sherman act as
now interpreted would probably be
SUFFICIENT.
"But where should be run the line
Of separation, you ask. between those
to be nationally incorporated and those
eft to the states; and how separate
hose to whom a restriction as TO divi-
lends is to be applied, from those to
whom it is not applied, though nation
lily Incorporated. My answer is that
incorporation should depend
IN whether the business involved Is
chiefly national or chiefly local-a
easible measure OF this being the per-
entage of the whole business that Is
ocal and the percentage that is not
ocal and that wether the restriction
s to dividends should apply or not
hould depend on whether the BUSH
ess. in its special field OF en-
srprise. practically excludes effffec-
I've competition or whether it does
OF - feasible measure Of this
eing ethe percentageof the whole
usiness Of that field that is
one by the company involved. In
Their words. If the bulk of the bush |
ess of the company is national. let
he nation be the. parent and regu-
ator Of the corporation advantages
nder which it is conducted, and IL it |
bsorbs enough of the business Of the I
ne in which It Is engaged to enable
to throw off effective competition;
It the principle OF fair dividends be
pplied.
1.-THE national bureau Of corpora
ons has already access to informa- /
on that will show at these percent
ges are.
Whatever may be deficient can be
asily supplied. / will not undertake /
} say here what should be the pre- /
ise percentage that would bring the \
within national control; 1t I
enough to say that 1t should be
Lrge enough to make it's business
sally national business; and in de-
srmining betweer business that is
zeal and business that is national q
state or states might prop
-ly be counted to be within the field
the locality; for a business near
he line of states is done on one side
the line as on the other. Nor will
undertake to say here what per-
sntage should be fixed on as deter
lining that a given corporation has,
its field. thrown off effective COM
stition; though the percentage would
a AGA SCI P|A ACAAtNN6Gg Va NOhtN6y LIlttIA
lat showing that the business lis
ltional as distinguished from being
cal.
II am proposing nothing really COM
ex. Though the details will have to
worked out with some difficulty,
e principle is simple. And once
nbodied in the framework of the
VS.. it would be permanent"
Judge Grosscup discussed price
pervision as method Of govern
ent regulation as distinguished from
striction on dividends. Price sup
vision by government" the speaker
Id. would always and necessarily
indirect and inexact, always open !
huctuation through the hostility or
vor Of those who, for the time be-
8, were in power, always open to
anipulation by the trusts them 1
Ives
Herewith approaches the joyous sea-
n when mans keys rust in his
ckets. )