New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-29

unreasonable or discriminating but the
point / am making is that we now have Ell
fective and impartial machinery in the
present organization and power OF the com
mission for Cffecting those reforms without
additional restrictive legislation.
Competition Must Have Full Play
Second-With respect 70 the trusts. l
have elsewhere given my view OF what
the decision II the Supreme Court Is II
in effect declares that he antitrust statute
furnishes cverv combination or restraint or
interstate trade that Is intended ana mas
the necessary effect 70 control prices eK,
Clude competition. and estaphsh q paIudl
or complete monopoly OF any interstate
usde In any merchandise, and that bill
OF equity may be- fled against the of1eLd,
irS combination on corporation when VIII
lead % disintCgrauon Of that combination
If found unlawful and a division or il INTO
q sufficient number Of parts under separate
ownership 20 insure competition ana 10
maintain il by tho continuing force OF per
petual Injunction against the resumption
f the unlawful bond and purpose Of the
CCnbi-ers. Whether II viii he possible 70
secure national incorporation act for the
closer SUPERVISION oil those cOfLo dLCllS
tnCa Eed in interstate trade. and Tor thelr
greater security when they pursue business
IN accordance with law, ! am unable 10
say, because the colIGu-uuonal views OF tne
present majority IN the lower mouse are
presumably against the increase Of the
federal function with respect 10 corpora
tons Sc that as IL NAV, the business com
ulunitv now knows or ought 10 know,
where n stands The court dechnes 70
hold that competition Is impossible under
modern business CONDITIONS put II INSISTS
that IL must ne given fun opportunity TOT
operation and that an. com bined tuOrl
affecting interstate trade LOOKING 10 It's
suppression IT, contrary 20 law. In other
words business must face the necessity on
throwing away th. CrufCh of combination
raiusr competition in its further progress.
When this rule is recognized when the cor
uorations that have offended the law are
ofSiutegrsted sufficiently To enable cOmpet-
tior 60 have fun play. then there Is no
reason why business should not 80 on UNI
|rmUorad.
Criticism has been uttered In no measured
tone against the activity Of the Department
OF Justice nm the institution Of prosecutions
and bills ot equity under the antitrust law.
ON the ground that n is hurting business.
II is the sworn duty of the Executive %
enforce the law, and as long as such COM
hinations exist and are known 70 exist 70
the law officers OF the government in any
way they would be lacking IN their duty u
they did not prosecute them. They are un-
der my orders 20 treat tho prosecution Of
trusts Ike the bringing of any other SUITS
which are within the scope and duty OF the
Department of Justice, ana 7 must decline
TO admit that there is any discretion when
would enable the Attorney General and his
assistants % stay the hand OF the govern
neut JIM respect OF such violations Of law.
] DO not think &c need be long continued,
because ] believe that the business com
munitv itself is rapidly taking in the effect
of the decisions " the supreme Court, and
that We may expect a revolution OF feeling
on the attitude Of business men toward this
step
Line Impossible to Draw
] have heard the severest criticism. from
some men engaged in business, If the anti
trust law. 10 is difficult for me 10 argue
with them, because don understand now
their position can be supported in the
slightest. They seem 70 think that there
ought 10 he some measure making legal the
control of competition and limited mOnop-
DIV. some statute enacted which shall es-
ltDlSh Ine between those mOnOpOhes
that are reasonable and those that are not
those that are benevolent and those that
are unconscionablr No such line, Is pos
~iJ.e and the supreme Court has expressly
SO decided. Mourning over "A condition
which is inevitable is useless and until
they realize that their views IN this regard
must be radically changed their complaints
must fan upon deaf ears.
[ have seen arguments based upon the
attitude of foreign governments toward
great enterprises in which II Is pointed ont
that they have encouraged. fOndled and
protected combinations Of this character.
That is true. There Is a tendency among
some foreign governments 10 encourage
what they call trusts. 70 take part them
selves In the management Of the trusts. TO
fix prices and 20 depend upon governmental
control TO secure their reasonable conduct;
but suCn "a system with as is absolutely
impossible and IL might as well be under
stood. The countries 20 which reference is
made are veering toward state socialism.
This. indeed. II competition is 10 disap-
pear. is the logical escape from the evil Of
private monopolies because If private COM
panles are 10 be allowed TO manage every
thing and fix prices then there Is every
reason why the control thus exercised by
them should be transferred from them 70
the government. and this is state socialism.
No Tariff Revision to lniure Business.
Third-With respect 10 tariff laws The
business Of the country to-day rests upon
Ina fTTAFsF F,ra
knows this. and every one must be aware
that change Of tariffs IN such a way
that those businesses that are dependent
upon protection for their existence shall
lose it must iniure present conditions in all
business, whether dependent on the tariff
or not The change. therefore, from
protective tariff 10 a tariff for revenue only
is necessarily hostile 10 existing business,
and must lead 10 business depression and
al least temporary business disaster But
there are many, and / am among those,
has been too nigh. and that IL Is posi-
bile TO lower the tdTin so as not TO inter
fere with business. give living rate OF
protection 10 existing enterprise and yet
prevent excessive prices growing out Of
excessive rates. In carrying out such
policy and maintaining such an attitude,
If is essential that the interC SITS OF BUSH
ness should be guarded by close investiga-
ton into their needs as TO protective
tariff, and this emphasizes the Importance
and vital necessity or the maintenance or
a tariff commission and OF It's ascertain
meut OF the facts with respect 10 business
and the difference between the cost OF pro-
ductiOn here and the cost or production
abroad before tariff changes are made
One Of the prominent and useful features
Of the administration of the government
in Germany, in Austria and in France IS
the existence OF under otnclals constituting
tariff bureau or commission who follow
closely the changes In trade In their own
country. and in other countries through
consular bureaus and otherwise, and who
llaer In constant readiness for use a d.
gested mass Of information which enables
them 10 advise the government with the
utmost accuracy what changes In the tariff
law would help the trade OF their own
country and what the effect Of the changes
VIII be They exercise the closest guar
d1anship over the business OF thf country,
with the hope Of promoting IFS prosperity
and expanding its volume. They would
no more think or changing q poucy Ike
that OF the protective tariff to a free trade
roIicv by one stroke, breaking down the
business OF the country IN many d.rec-
tions. than they would Of blowing up their
tattleships or destroying their fortified
We have had I'm the past two years
since the agitation and the excitement
growing out Of the passage Of tho Payne
S;u a strong movement toward the esta b.
i,sbrnent Of a tariff board or commission
which by furnishing accurate Information
DC 10 tariff matters and the comparative
costs OF foreign and home production
"a, respect 10 manufactures and prod
icts should enable Congress 10 act
.J,L care toward the existing industries
of the country and 10 save them as far as
possible In any changes that might be
n,ada Under circumstances which IL Is not
- necessary for me 20 recount and nv
DENOMINATIONS furnished by Congess, +
have been able 10 establish a tariff board.
and + have declined 20 promote the pass
sse of tariff measures framed without the
i-SoWledge that within few months this
tariff hoard can furnish. and 7 have done