Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1911-12-05
Message, Champions Suggested

ing In the statute which condemns
combinations of capital or mere big
ness of plant organized to secure econ
omy In production and a 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
and establishing a monopoly that the
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-
ton is in contrayention 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 a mo-
nopoly.
STATUTE LACKS DEFINITENESS.
The complaint is made Of the stat
ute that it is not sufficiently definite
in its description Of that which is for
hidden to enable business men to avoid
its 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 it
was a violation of the statute and that
which was supposed by the combiners
! to be innocent then turns out to be n
! combination in violation of the statute
| The answer to this hypothetical case
| is that when men attempt to amasS
such stupendous capital as will enable
them TO suppress competition, control
prices and establish a monopoly they
know the purpose of their acts. Men
do not do such a 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 by use Of the
biGness of the plant they are creating.
then they cannot be convicted at the
time the union is 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 so and thus estab-
lish for themselves a monopoly. They
can in such a case hardly complain If
the motive which subsequently Is dis
closed is attributed by the court to the
original combination.
Much is said of the repeal Of this
statute and of constructive Legislation
intended to accomplish the purpose
and blaze ii clear path for honest mer
chants and business men to follow. i
may be that such a plan will bt
evolved. but | submit that the discus
sionS which have been brought out IL
recent days by the fear of the con
tinued execution of the antitrust Law
have produced nothing but glitterin:
! generalities and have offered no lint
Of distinction or rule of action as def
mite and as clear as that which the SUI
preme court itself lays down in en-
forcing the statute.
see no objection. and indeed 7 cal
see decided advantages. in the enact
ment of Il law which shall describ
and denounce methods of competition
which are unfair and are badges of tn
unlawful purpose denounced in til
antitrust law. The attempt and pur
pose to suppress a competitor by TN
derselling him at a price so unprofita
bic as to drive him out of business o
the making of exclusive contracts witt
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
criminal statute on the one hand L
enable the government to shorten IT
task by prosecuting single misdemean
. ors instead Of an entire conspiracy an,
on the other hand TO serve the purpos
OF pointing out more in detail 4
, the business community what must b
! avoided
FEDERAL INCORPORATION.
. In q special message to congress o
! the disturbance to business that would
probably attend the dissolution of thes,
offending trusts. ] said:
= But such an investigation and pos
= sible prosecution of corporations who's
prosperity or destruction affects tn,
: comfort not only of stockholders, bu
of millions Of wage earners, employee
and associated tradesmen. must neces
sarily tend to disturb the confidence
!. Of the business community, to dry u
the now flowing sources of capita
| from its places Of boarding and pro
: duce a halt in our present prosperit.
that will cause suffering and straine'
circumstances among the innocen
! many for the faults of the guilty few
! The question which / wish in thi
, message to bring clearly to the cor
! sideration and discussion of congress
Is whether, in order to avoid such
possible business danger. somethin
, | cannot be done nv which these bus