The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-11-18
UNREASONABLE"
IS SHERMAN Law
SUPREME COUNT HAS WRITTEN
THIS INTO ITS TEXT, Hurt
ING 1T.
MADE NULL AND VOID
CONGnEssMEN MAKING EFFORT
TO REMEDY EvlL--DAY OF
SMALL RETAILER
FAST.
MADE NULL AND VOID
ny VICTOR ELLIorr.

WASHINGTON, Nov, lf.-One
of the most vital questions to the coun-
try which Congress at its next session
Will be forced to consider IL the sx-
tent OF the government regulation Of
the large corporations. No one ques-
lions the need OF some stringent anti
trust legislation. But up to the pres
ent time no adequate plan for such
regulation has been advanced. The
administration has listened to the pop
uiaF cry OF "truat legislation" and
has taken u step In the right direction
by bringing to the bar OF justice the
trusts which have openly defied the
Sherman antitrust law.
The problem In the greatest with
which the government has TO deal. 1t
cannot be expected that the govern
nent without some experimenting. viii
be able to md 4 solution OF the prob
lem. The trouble with the efforts tn.
government has made 10 cope with the
trust problem has been that the under
lyinP assumption the Sherman anti
trust law, under which act ali steps
taken by the Cover nms4t have Leen ac-
tuated, 10 that unrestricted competi-
ton best serves the interests OF the
people.
Day Of Small Retailer Past.
There can be no denial that the
steps already taken by the government
hayo not increased competition but to
the contrary In most cases they have
established precedents which In the fu-
ture will interfere with the conduct OF
business. The day OF the small re-
taller Is past. The business OF to-day
Is the consolidation Of the small con-
Germs. What was good for the small
ones in the oiden days 10 decidedly bad
for the large intefests OF modern
times.
II is generally assumed by the pub
lie that the present policy of the de-
partment Of justice in attacking the
large interests of the country under
the Sherman antitrust law Ii a uni
form one. Regardless of the statement
of tho attorney general AZ to the meth
cd OF procedure in the departments
future activities, the fact remains that
II has just entered upon its field OF
activity and VIII be forced to change it's
policy as circumstances alter. The
Held In a large one, and will not per-
NIT the use Of any fixed rule.
The alarming feature OF the sttua-
ton Is that with practically nothing
demonstrated in the way OF the better
ment of the condition of the public by
the actions OF the government In a
comparatively few cases. the indirect
ing effect which has resulted to bust
ness. Nint to . greater depression and
unsettled state OF Affairs when once
the department. has fairly entered upon
its fight against the trusts.
Regulation Inppraoticabls.
Many methods OF regulation have
been proposed but none have been
found pra ctical. The most discussed
methods Of dealing with the trust Ques-
ton are the ones proposed by the 30
called radicals and by President Tan.
According TO the plan offered by the
radicals the Sherman anti-trust law Is
to be SO amended that the nexthtlity
given it by virtue of the recent doct.
sions Of the United States Supreme
Court be destroyed. and any agree
ment in restraint OF trade either rea-
sonable or Unreasonable be held illegal.
This plan 10 entirely impractical and
would result only in the destruction Of
the industry OF the country. This plan
is the work Of radical politicians who
are confident that they can appeal to
tho passions Of the people rather than
10 their good judEm ut.
The Taft method LNoyides for the
dissolution Of the large combinations
into the constituent companies and by
such separation to restore the for
them. The results OF the suits thus
far brought by the government against
the corporations apparently has re-
suited only in . change OF the foin
OF ownership and control and not in
fact OF Ownership or the substance OF
control. The policy OF the government
In these suits against consolidated cor
porations will result only In compelling
the scattered constituent companies
still allied in common interests OF
ownership and control to conduct their
business at a somewhat greater cost.
which the people will have to bear.
without restoring the former condi-
ton OF comparison.
lrslheisssey o. sherman Law.
Even though the efforts Of the adj
ministration are In no way accom-
plishing what 10 intended, 1t II doing
one thing OF importance. 1t is demon.
strating to Congress the inefticiency OF
the Sherman law. Business men have
become thoroughly alarmed and are
baisying themselves devising means to
divert the ruin Of industry In this coun-
try which 10 sure to come Il the pres
ent policies OF the government are
continued! Tho recent dscisions OF the
Supreme Court nave writtSn thN word
unreasonable" into the Sherman anti
trust Law. and have destroyed what
effectiveness 1t had previous to this.
The Sherman law In null and void un-
der the new Interpretation Of tho SUI
prsne Court. tor II ieavss with the
court to decide when the restraint OF
trade ls unreasonable and not the pco-
pie.
There can be no uniformity In the
enforcement OF the law. Before any
thing can be Accomplished L will be
LD0AL NOTICE.
iN ffsE HtSffN6f COURT OF fHE
CITY OF RICHMOND. NOVEMBER
10, 1911.
tn RA1lA n Eu1lAY And EdWAPd n.