The Washington times., 1911-11-14
PROBABLE COURSE OF TRUST
LEGISLATION.

and, Tobacco trust cases, dogmatism
marked most consideration of the prob.
lem of dealing with combinations. Peo-
pie were positive what was needed and
what ought to be done, about in pro,
portion as they were ignorant of the
whole subject. 1t was a perfectly safe
subject about which to announce ex-
treme views. The demand that a
bunch of ''malefactors" of great wealth
be locked up forwith was echoed and
e-echoed, and there was generally
much enthusiasm over that proposal.
The decisions in the Oil and Tobacco
cases have had a SOLDERING effect on the
public mind. They have brought even
the most thoughtless and reckless peo-
pie to inquire what may be expected 10
result from the very advice they were
SO free in giving when there was small
probability of anybody in authority
paying attention to it.
Today, it is realized that the cheer
full proposal to lock up few promi-
nent folks wouldn't have any particu-
lar effect. The problem is one of de-
termining the basis on which the ma
tion's business shall be establ blished +;
and that involves, not the rather in
definite group of malefactors of great
wealth, but the whole people.
The oil and tobacco decisions have
made plain that the law can be en-.
forced. The majesty of the Govern,
ment's authority is sustained; but the
plan of disintegration which the cir.
cult court has adopted in the tobacco
case is such as to justify serious ques,
tion whether the law finally is going
to have any particular effect. The first
purpose of such law, it may be as.
sumed, is to improve conditions for
the benefit of the public. If these con,
ditions are to remain practically un.
changed, what advantage can lie in
the enforcement of the law?
1t seems apparent that if the Su
preme Court shall sustain the form
of decree which the circuit court has
prepared, then the antitrust law will
require to be supplemented, revised, OIL
else abandoned. There is no use keep.
ing it on the books as disturbing
element, menace and source OF
worry and uncertainty, if its utmost
rigors cannot accomplish more of prac'
tical effect than has been shown in
the tobacco case thus far.
Approaching, then, the question OF
what shall be done about it all, there
is some satisfaction to observe that
nobody is SO cocksure now as every
body used to be. Time was, not so fal
back, when almost anybody would ex
plain what to do. Now, ask the same
questions of the same people, and they
will probably begin with tentative
discourse on the advantages and dis
advantages of competition and monop
oily, and the confession that they lacl
sufficient conclusive information to de
eide that preliminary issue.
The bigness and gravity of the ISSUE
is now fairly before the country, anC
it has sunk deep into the public mind
There is likely to be no legislation thi
winter, for the very reason that Con
gress, like the community at large
at last realizes that the subject is no
one for airy generalizations and cas-.
decisions.
Mr.. Brandeis, in his interview in Tn
Times yesterday, suggested some as
poets which need careful consideration
He proposes a thorough, scientific in
quiry into the relative merits and re
suits of monopoly and competition. H
would find out what they have actuall
accomplished, in those industries i
which they have been at work. H
mentions several specific industries a
affording proper illustration of the tw
different forces at work; and it is hi
view that a policy of supplemental
the Sherman act should only be adopt
ed with a full understanding of TIL
facts.