The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-12-06

UAB0o0 - yUO VaaUS t0oy NO W.
et1ng. then they cannot bo convict
nor On they be convicted later. un-
less Il happen that lister on they
conclude to suppress competition and
take the usual methods for doing 10,
and thus establish for Themselves 3
monopoly. They can, In such q cas-.
hardly complain II the motive which
subsequently, 10 DISCLOSED 10 attrib-
utsd by the court to the original
combination.
New Remedies Suggested.
Much 10 said OF the repeal Of this
statute and OF constructive legislA-
ton intended to accomplish the pur-
pose and bla1o 4 clear path for hon
est merchants and business men to
follow. 1t may be that such plan
Will be evolved. but l submit that
the discussions which have been
brought out In recent days by the
antitrust law have produced nothing
but giittering generalities and have
offered no line Of distinction or rule
Of action ~ definite and as clear a.
that which the Supreme Court itself
lays down In enforcing the statute.
suppaeanentAl Lo61saa&ion Needed
Nos Fsct,eal or Amendhnent-
soc no obtection--and indeed I
can see decided advantages--in the
enactment Of law which shall de-
scribe and denounce methods OF
competition which are unfair and are
badges of the unlawful purpose de-
nounced in the anti-trust law. The
attempt and purpose to suppress .
competitor by underselltng him At a
price 80 Improbable AZ to drive him
out Of business, or the making OF
exclusive contracts with customers
under which they are required to
give up association with other manu-
facturers. and numerous kindred
methods for stiflinG competition and
enecting monopoly. should DO de-
scribed with sunicient accuracy In
criminal statute on tho one hand to
enable the government to shorten It's
task by prosecuting single misde-
meanors instead Of an entire con-
spiracy, and, on the other hand. to
serve the purpose OF pointing OUT
more in detail to the business COM
munity what must be avoided.
Federal Incorporation Recommended
In q special message TO Congress on
January Z. 1910, ventured to point
out the disturbances to business that
, would probably attend the dissoau-
ton Of these offending trusts. said.
But such an investigation ana pos
stbls prosecution OF corporations
whose prosperity or destruction al
fects the comfort not only OF stock
earnerA employees add associated
tradesmen must necessarily tend to
disturb tho confidence OF the bust
ness community, to dry up the nov
flowing sources Of capital from tts
places Of boarding, and produce q
halt in our present prosperity that
will cause suffering and strained cir
cumstances among the innocent many
for the faults Of the guilty few. Tha
question which wish In this mes
sage to- bring clearly TO tina considera-
ton and discussion OF Congress 10
whether, IN order to avoid such
possible buainess 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 busa-
law under Federal control and super
vision. securing compliance with the
antitrust statute.
Generally, In the industrial COM
binafionr called trusts.' the principal
business in 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 arg ono State. This fact will
Justify the Federal government in
granting Federal charter to such
a combination to make and sell In
interstate and foreign commerce the
products OF useful manufacture under
such limitations a. will secure a COM
pliance with the Anti-trust law. 1t
is possible 10 TO frame statute that
while It offers protection to . Fed
eral company against harmful. vexn-
tious and unnecessary invasion BY tho
States. II shall subject 1t to reason
able taxation and control By the States
with respect to itp purely local bush
mesa
Corporations organized under this
act should be prohibited from acQutr-
Ing and holding stock In other cor
porations texcept for special reasons.
upon approval by the proper Federal
authority. thus avoiding the creation
under national auspices Of tho hold
ing company with subordinate Oor-
porations In different States. which
has been such an effective agency In
the creation OF the great trusts and
monopolies.
~ Sn0 RICAAOAIAOu u Nu0 000~
trust act against combinations In re-
straint Of trade 10 to be effectively
enforced. It 10 essential that the ma
tioual government shall provide for
the creation OF national corporations
to carry on legitimate business
throughout the United States. The
conflicting laws Of the different
States of tho Union with respect to
foreign corporations make Il didacplt.
II not impossible, for ono CORPORA
tion to comply with their require
ments 10 az to carry on business in
Z number Of different 6satea."
renew the Recommendation or
the enactment OF = general law pro-
vtding for the voluntary formation Of
corporations TO engage In trade and
commerce among the States and with
foreign nations. Every argument
which was then advanced for such q
law. and every explanation which was
At that time offered to possible OBJ
joctions. have been confirmed by our
experience since tina enforcement of
tho anti-trust statute has resulted In
tho actual dissolution OF active COM
merciaI organizations.
LII IN. esan more manifest now than
It was then that the denunciation Of
conspiracies In restraint Of trade
should not and does not mean the de-
NAL OF organizations large enough to
be intrusted with our Interstate and
foFAiRn trade. II has hAens n, q ia vyNOvs,