Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1911-12-06

we'll be concealed and Its prime NOV
ers and all its participants would be
at once subject to contempt proceed
ings and imprisonment of summary
character. The immediate result Of
the present situation will necessarily
be activity by all the companies un-
der different managers, and then com.
petition must follow, or there will
be activity by one company and stag
nation by another Only short time
Will inevitably lead to change In
ownership Of the stock, as all oppor-
tunity for continued cooperation must
disappear. Those critics who speak
OF this disintegration in the trust as
mere change OF garments have not
given consideration to the inevitable
working Of the decree and understand
little the personal danger Of attempt
Ing to evade or set at naught the SOL
emn Injunction of court whose OBJ.
ject Is made plain by the decree and
whose fnhfbitions are set forth with
detail and comprehensiveness unex-
ampled in the history of equity juris-
prudence. 81.
The effect Of these two decisions has
led to DEGREES dissolving the combfna-
ton of manufacturers OF electric lamps,
southern wholesale grocers' associa-
ton, an interlocutory decree against
the powder trust with directions by
the circuit court compelling dissolu-
ton, and other combinations of SIM
liar history are now negotiating with
the department Of justice looking to
disintegration by decree and reorgan-
ization in accordance with law. 1t
seems possible to bring about these re-
organizations without general business
disturbance.
Movement for Repeal Of the Antitrust
But now that the antitrust act is
seen to be effective for the accomplish
ment Of the purpose of its enactment,
we are met by a cry from many differ
ent quarters for its repeal. 1t is said
to be obstructive Of business progress,
to be an attempt to restore old-fash-
toned 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 statute which condemns
combinations of capital or mere big.
ness of plant organized to secure
economy in production and reduc-
ton of its cost 1t is only when the
purpose or. necessary effect Of the Or
ganization and maintenance Of the
combination or the aggregation Of i'm
mense size are the sitting of competi.
ton, actual and potential, and the en-
HANGING 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 necessarily eliminates competi-
ton between the units thus combined,
but this elimination is in contravention
of the statute only when the combina-
ton is made for purpose of ending this
particular competition in order to Sc
cure control of, and enhance, prices
and create a monopoly.
Lack Of Definiteness In the Statute.
The complaint is made of the statute
that it is not sufficiently definite in
it's description Of that which is forbid
den, 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 attor-
ney 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
combination in violation of the stat
ute. The answer to this hypothetical.
case is that when men attempt to
amass stupendous capital as will en-
able them to suppress competition,
control prices and establish monop-
: oiy they know the purpose of their
: acts. Men do not do such a thing
!: without having it clearly in mind. IL
swhat 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
.1Qion is made, nor can they be con
;icted later. unless it happen that later
tn they conclude to suppress competi-
ton and take the usual methods for
doing SO, and thus establish for them
selves a monopoly. They can, in such
case. hardly complain If the motive
which subsequently is disclosed is at
tributed By the court to the original
combination. Nj.
New Remedies Suggested.
Much is said of the repeal OF this
statute and OF constructive legislation
intended to- accomplish the purpose
and blaze a clear path for honest mer-
charts and business men to follow. It
may be that such plan will be
evolved. but submit that the discus
sions which have been brought out in
recent days by the fear Of the con.
tinued execution Of the antitrust law
have produced nothing but glittering
generalities and have offered no line
Of distinction or rule OF action as